35 Amendments of Mariya GABRIEL related to 2012/2263(INI)
Amendment 2 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the EU guidelines on violence against women and girls and combating all forms of discrimination against them
Amendment 20 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas many minors arrive in the EU because they are fleeing forced marriages, and whereas the EU must do more to combat this phenomenon;
Amendment 26 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas gender equality and the equal protection of human rights of unaccompanied migrant girls and boys must be ensured, and whereas special attention must be paid to the violation of human rights of girls and the provision of adequate support and appropriate remedies;
Amendment 33 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that an unaccompanied minor is above all a minor who is potentially in danger and that child protection, rather than immigration controlegardless of their migratory status, must be the major consideration for States and the European Union when dealing with them; .
Amendment 39 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls also that the overriding interests of the child, as enshrined in provisions and case-law, must take priority over any other consideration in any act taken with regard to them, whether by public authorities or by private institutions; calls on the Commission to propose a common definition and reference framework, based on a set of indices, to assess what constitutes the overriding interests of a child; and to implement legislative and non-legislative actions to ensure adequate protection of children and unaccompanied minors, in particular, improving methods of finding durable solutions.
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 53 #
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 and to improve the comparability of data collection across EU Member States, 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 57 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors including age and gender disaggregated statistics; 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 points;
Amendment 59 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the European Union and Member States ought to step up theirshould continue to integrate migration and particularly migration of children into development cooperation, to step up partnership agreements to foster the cooperation with third countries of origin and transit concerning the problem of unaccompanied minors, preventing their arrival, combating trafficking in human beings, irregular immigration, restoration of family ties, return and readmission, in the context of the regular dialogues conducted between the European Union and these States and the European External Action Service (EEAS);
Amendment 64 #
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, forced marriages, restoration of family ties, return and readmission, in the context of the regular dialogues conducted between the European Union and these States and the European External Action Service (EEAS);
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 75 #
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 vulnerable to trafficking in human beings and confronted with the risks of trafficking and exploitation and because action should be taken in third countries to tackle the root causes of trafficking;. In this regard Member States and the European Union should cooperate with the EU-Anti- Trafficking Coordinator to detect potential victims, to sensitise the public and to combat trafficking in human beings.
Amendment 78 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings is a necessary first step, as minors and especially girls are particularly confronted with the risks of trafficking and exploitation and because 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 99 #
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 process, from the arrival of a minor in European territory until an appropriate solution has been found for him or her;
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 130 #
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 method 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 with particular attention to girls;
Amendment 133 #
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 allto enable the minor to benefit from all the rights and to comply with all obligations of the 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 and best practices concerning the mandate, functions, qualifications and skills of this person; (This wording is in line with Art. 25.1 on "Guarantees for unaccompanied minors" of the agreement on 2009/0165 (COD) on common procedures for granting and withdrawing international protection, which has been adopted by LIBE in April 2013.)
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 141 #
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 or her 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 standards 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 165 #
Motion for a resolution
Paragraph 16 – indent 4
Paragraph 16 – indent 4
– the right to health and the access to medical care;
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 196 #
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 or her, which respects his or her interests; recalls that efforts to achieve this must always begin with an examination of the possibilities of family reunification;
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 202 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose 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 monitoring arrangements to ensure the protection of minors after their return, in cooperation with countries of origin and transit; calls on the European Union to commit to improve its response to end potential drivers of migration including early and forced marriage, harmful traditional practices including female genital mutilation and sexual violence worldwide;