23 Amendments of Petru Constantin LUHAN related to 2012/2263(INI)
Amendment 46 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the adoption by the Commission of an action plan on unaccompanied minors; deplores, however, the fact that the Commission's approach is not based more on protecting the fundamental rights of such minors and of the Mid- term report on the implementation of the Action Plan on Unaccompanied Minors' (COM(2012)0554;
Amendment 47 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fragmentation of the European provisions concerning unaccompanied minors and; urges the Commission to compile a manual drawing together these various legal basesacts in order to facilitate the correct application by Member States; considers that EASO should be involved in compiling this manual;
Amendment 54 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, while ensuring that personal data is protected, by means of platforms bringing together all parties involved in the problem of unaccompanied minors, and to draw up a list of national contact points;
Amendment 56 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, by means of platforms bringing together all parties involved in the problem of unaccompanied minors, and to draw up a list of national contact pointsand sharing information, and to make better use of the existing tools available to collect statistics data at the European level, such as Fronted and EASO;
Amendment 65 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the European Union and Member States ought to step up their cooperation with third countries of origin and transit concerning the problem of unaccompanied minors, preventing their arrival, combating trafficking, irregular immigration, restoration of family ties, return and readmission, including in the context of the regular dialogues conducted between the European Union and these States and the European External Action Service (EEAS);
Amendment 70 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls the important role of civil society in the readmissions of unaccompanied minors in third countries; calls thus on Member States to increase cooperation also with local and international non governmental partners in the Country of origin in order to ensure safe returns for children.
Amendment 72 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings is a necessary first step, as minors are particularly confronted with the risks of trafficking and exploitation and because; underlines the importance of prevention by strengthening police and judiciary cooperation between Member States. Calls on the Member States to effectively implement Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims and Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children and child pornography; considers also that action should be taken in third countries to tackle the root causes of trafficking;
Amendment 82 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned about the situation of many unaccompanied minors who live in hiding in the EU and who are particularly vulnerable to exploitation and abuse; calls on Member States' authorities and civil society organisations to work together and take all the necessary measures to ensure their protection and dignity.
Amendment 95 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to draw up binding strategic guidelines for use by all Member States, which should draw inspiration from their best practices, take the form of common minimum standards and detail each stage in the probuilding on the follow-up of the Action plan and on best practicess, from the arrival of a minor in European territory until an appropriate solution has been found for him;
Amendment 116 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that each Member State has a responsibility to identify unaccompanied minors; calls on Member States to direct them immediately to specialist services which must, on the one hand, assess the individual circumstances and needs of each minor and, on the other hand, provide them with all the information they need, in a language and form they can understand; calls on Member States to share best practices on child friendly tools to clarify to the children the procedures and their rights;
Amendment 128 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the unsuitable and intrusive nature of the medical techniques used to ascertain age in some Member States; recommends that the Commission establish a common methodinclude in the strategic guidelines best practices for ascertaining age, consisting of a multidisciplinary assessment, performed by independent, trained practitioners, and with minors always being given the benefit of the doubt; considers that it should be possible to appeal against the results of this assessment; welcomes the work of the European Asylum Support Office (EASO) on this subject, which should be taken as a basis for dealing with all minors;
Amendment 135 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States, as soon as a minor arrives within their territory and until a lasting solution has been found, to appoint a person responsible for accompanying, assisting and representing him in all procedures; calls furthermore for this person to have specific training in the problems associated with unaccompanied minors and to act completely independently; such guardians should receive regular training and undergo regular and independent check-ups/ monitoring; calls on the Commission to establish common standards concerning the mandate, functions, qualifications and skills of this person;
Amendment 136 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States, as soon as a minor arrives within their territory and until a lasting solution has been found, to appoint a person responsible for accompanying, assisting and representing him in all procedures; calls furthermore for this person to have specific training in the problems associated with unaccompanied minors and to act completely independently; calls on the Commission to establish common standardinclude in the strategic guidelines best practices concerning the mandate, functions, qualifications and skills of this person;
Amendment 145 #
Motion for a resolution
Paragraph 16 – introductory part
Paragraph 16 – introductory part
16. CIn order to ensure consistency and equal standards in the protection of unaccompanied minors within the EU, calls on Member States to give unaccompanied minors, irrespective of their status and under the same conditions as children who are nationals of the host country:
Amendment 176 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the progress which has been made in asylum legislation; recalls, however, that unaccompanied minors should always be exempted from expedited procedures and from procedures at the border; recalls also that the State responsible forpackage concerning unaccompanied minors; calls on Member States to make the necessary legislative and asylum application by an unaccompanied mdministrative reforms in or should always be the State of the most recent asylum applicationder to implement it effectively;
Amendment 181 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines that any decision concerning unaccompanied minors should be on the basis of an individual assessment and in respect of the best interest of the child;
Amendment 183 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns the very precarious circumstances with which these minors are suddenly confronted when they reach the age of majority; calls on Member States to share best practices and institute procedures for assisting these minors in their transition to adulthood; welcomes the work of the Council of Europe on this subject and calls on the Commission to propose common standardinclude in its strategic guidelines best practices for the planning of ‘individualised life projects’ for, and with, the minor;
Amendment 191 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses firmly that the ultimate aim, once an unaccompanied minor has arrived in European territory, must be to seek an appropriate solution for him, which respects his best interests; recalls that efforts to achieve this must always begin with an examination of the possibilities of family reunification; calls on Member States to improve cooperation on family tracing and share best practices;
Amendment 201 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to proposeinclude in its strategic guidelines a common reference framework outlining a series of conditions to be met before a minor can be returned, respecting the overriding interests of the child; reiterates in the strongest terms that no decision to return a minor may be taken if it endangers the minor's life, security or fundamental rights or those of his or her family, and that the individual circumstances of each minor must be taken into account; calls on Member States to establish monitoringcooperation arrangements to ensure the protection of minors after their return, in cooperation with countries of origin and transit;with countries of origin and transit and with international and local NGOs in order to ensure the protection of minors after their return.
Amendment 205 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. calls on the Commission to set up improved trans-national mechanisms for dealing with child-protection issues given that unaccompanied children move across Europe, including when they disappear from reception centres.
Amendment 208 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Strongly urges the Member States to guarantee a social grant for unaccompanied minors above the age of 18 if they intend to continue studying at university; (All unaccompanied minors have a right to a decent life and social assistance, both up to the age of 18 and up to the end of university studies.)
Amendment 209 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the Commission to expand the criteria for defining unaccompanied children, so that a child whose parents are unidentified or whose parents are identified but, following an inquiry, are found not to be carrying out their parental duties would be considered as an unaccompanied minor. (It is unacceptable that a child should be considered accompanied if both parents are alcoholics, beggars or are failing to carry out their parental duties.)
Amendment 210 #
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the Member States to introduce an obligation for public authorities to take action with regard to unaccompanied minors who are victims of begging; (The exploitation of minors in relation to begging should be prevented at all costs.)