10 Amendments of Vilija BLINKEVIČIŪTĖ related to 2010/0065(COD)
Amendment 76 #
Proposal for a directive
Recital 8
Recital 8
(8) To ensure that investigations and prosecutions of human trafficking offences were successful, their initiation should not depend on reporting or accusation by the victim. Prosecution should be allowed for a sufficient period of time after the victim has reached the age of majority. Law enforcement officials and prosecutors should be adequately trained, alsoshould be prepared for working with victims and should follow a gender-sensitive approach, with a view to enhancing international law enforcement and judicial cooperation. Those responsible for investigating and prosecuting such offences should also have access to the investigative tools used in organised crime or other serious crime cases such as interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts and other financial investigations.
Amendment 86 #
Proposal for a directive
Recital 12
Recital 12
(12) The Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings establishes a set of victims’ rights in criminal proceedings, including the right to protection and compensation. In addition victims of trafficking in human beings shouldmust be given access to legal counselling and to legal representation, including for the purpose of claiming compensation. The purpose of legal counselling is to enable victims to be informed and receive advice about the various possibilities open to them. Legal counselling and legal representation shouldmust be provided free of charge at least when the victim does not have sufficient financial resources in a manner consistent with the internal procedures of Member States. As child victims in particular are unlikely to have such resources, legal counselling and legal representation would in practice be free of charge to them. Furthermore, on the basis of an individual risk assessment carried out in accordance with national procedures, victims shouldmust be protected from retaliation, from intimidation, and from the risk of being re-trafficked.
Amendment 99 #
Proposal for a directive
Recital 15
Recital 15
(15) Member States should establish and/or strengthen policies to prevent trafficking in human beings including measures to discourage the demand that fosters all forms of exploitation, and measures to reduce the risk of people falling victims to trafficking in human beings, by means of research, information, awareness raising, and education. In such initiatives Member States shouldmust adopt a gender perspective and a child rights approach. Any officials likely to come into contact with victims or potential victims of trafficking in human beings should be adequately trained to identify and deal with such victims. This training obligation would in particular cover police officers, border guards, labour inspectors, health care personnel and consular staff, but could depending on local circumstances also involve other groups of public officials that are likely to encounter trafficking victims in their work.
Amendment 102 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Officials likely to come into contact with victims and potential victims of trafficking in human beings should be adequately trained to identify and deal with such victims or potential victims, and should follow a gender-sensitive approach. The training obligation would cover, in particular, police officers, border guards, immigration officials, public prosecutors, lawyers, members of the judiciary and court officials, labour inspectors, social-services, child care and health care personnel and consular staff but could, depending on local circumstances, also involve other groups of public officials likely, in the course of their work, to encounter victims or potential victims of trafficking in human beings.
Amendment 110 #
Proposal for a directive
Recital 17
Recital 17
(17) NEffective national monitoring systems such as National Rapporteurs or equivalent mechanisms should be established by Member States, in the way they consider appropriate according to their internal organisation, and taking into account the need for a minimum structure with identified tasks, in order to carry out assessments of trends in trafficking in human beings trends, measure the results of anti-trafficking actions, and regularly report to the relevant national authorities.
Amendment 170 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that victims of trafficking in human beings have access to free legal counselling and to legal representation, including for the purpose of claiming compensation. Legal representation shall be free of charge when the victim does not have sufficient financial resources. This paragraph will be without prejudice to the application of Article 14(2) when the victim is a child.
Amendment 183 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that the specific actions to assist and protect, and to provide psychological, medical and legal support for, child victims of trafficking in human beings, in the short and long term, in their physical and psycho-social recovery, are undertaken following an individual assessment of the special circumstances of each particular child victim, taking due account of the child’s views, needs and concerns.
Amendment 194 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take appropriate measures with regard to legal and administrative provision and in the field of general and vocational education, including in relation to gender-equality issues, as well as other necessary measures, to discourage the demand that fosters all forms of exploitation related to trafficking in human beings.
Amendment 202 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall promote regular training for officials likely to come into contact with victims and potential victims, including front-l of trafficking in human beings, includineg police officers, border guards, labour inspectors, health care personnel and consular staff,immigration officials, public prosecutors, lawyers, members of the judiciary and court officials, labour inspectors, social workers, child care and health care personnel and consular staff – and, depending on local circumstances, potentially involving other groups of public officials – aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings.
Amendment 211 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall consider takingtake legal and other measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2 with the knowledge that the person is a victim of an offence referred to in Article 2.