15 Amendments of Cornelia ERNST related to 2010/0065(COD)
Amendment 60 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive adopts an integrated and holistic approach to the fight against trafficking in human beings. More rigorous prevention, prosecution and protection of victims' rights, are major objectives of this DirectiveWomen constitute the vast majority (80%) of victims of trafficking, and especially trafficking for sexual exploitation. More rigorous prevention, prosecution and protection of victims' rights, are major objectives of this Directive. This Directive adopts contextual understandings of the different forms of trafficking and aims at ensuring that each form is tackled with the most efficient measures. This includes a strong gender perspective in all provisions of the Directive, in accordance with the Charter of Fundamental Rights of the EU. Children are more vulnerable and therefore at greater risk of falling victim to trafficking in human beings. In the application of the provisions of this Directive the child's best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and United Nations Convention on the Rights of the Child.
Amendment 71 #
Proposal for a directive
Recital 6
Recital 6
(6) The levels of penalties in this Directive reflect the growing concern among Member States about increased trafficking in human beings. Considering the gravity of the crime, this Directive aims to ensure further harmonisation and a higher level of penalties in the EU. When the offence is committed in certain circumstances, for example against a particularly vulnerable victim, the penalty should be more severe. In the context of this Directive, particularly vulnerable persons should include at least all children, and adults who were particularly vulnerable on grounds of sex, pregnancy, health conditions or disability, and immigration status at the time when the crime was committed. When the offence is particularly grave, for example when the life of the victim has been endangered or the offence has involved serious violence or has caused particularly serious harm to the victim, this should be reflected in a particularly severe penalty. When, under this Directive, a reference is made to surrender, such reference should be interpreted in accordance with Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
Amendment 80 #
Proposal for a directive
Recital 11
Recital 11
(11) Victims of trafficking in human beings need to be able to exercise their rights effectively. Therefore assistance and support should be available to victims before, during and for an appropriate time after criminal proceedings. Victims of trafficking in human beings shall have the opportunity to obtain a permanent residence permit. In order for the assistance and support to be effective, it is necessary that it is provided on an informed and consensual basis, guaranteeing that the victim agrees to for example actions to detect illnesses or other essential support measures. The assistance and support provided should include at least a minimum set of measures that are necessary to enable the victim to recover and escape from their traffickers. The practical implementation of such measures should, on the basis of an individual assessment carried out in accordance with national procedures, take into account the conditions and needs of the person concerned, including the victim's immigration status. A person should be provided with assistance and support as soon as there is an indication that he or she might have been trafficked and irrespective of his/her willingness to act as a witness. Assistance should be provided unconditionally at least until the competent authorities have taken a final decision with regard to the reflection period and the residence permit, or otherwise acknowledge that the person is a victim of trafficking in human beings. If, after the completion of the identification process or expiry of the reflection period, the person is not considered eligible for a residence permit or does not otherwise have lawful residence in the country, the Member State concerned is not obliged to continue providing assistance and support to that person on the basis of this Directive. Where necessary, assistance and support should continue for an appropriate period after the criminal proceedings, for example if medical treatment is ongoing due to severe physical or psychological consequences of the crime, or if the victim's safety is at risk due to his/her statements in criminal proceedings.
Amendment 87 #
Proposal for a directive
Recital 13
Recital 13
(13) Victims of trafficking who have already suffered the abuse and degrading treatment trafficking commonly entails, such as sexual exploitation, rape, slavery- like practices and the removal of organs, should be protected from secondary victimisation and further trauma during the criminal proceedings. To this end victims of trafficking should during criminal investigations and proceedings receive treatment that is appropriate to their individual needs. The individual needs assessment should take into consideration circumstances such as sex, age, pregnancy, health, disability, immigration status and other personal conditions, as well as the physical and psychological consequences of the criminal activity to which the victim has been subjected. Whether and how the treatment is applied is to be decided in accordance with grounds defined by national legislation, rules of judicial discretion, practice and guidance, on a case by case basis.
Amendment 115 #
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably human dignity, gender equality, prohibition of slavery, forced labour and trafficking in human beings, prohibition of torture and inhuman or degrading treatment or punishment, the rights of the child, the right to liberty and security, freedom of expression and information, protection of personal data, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensure full respect for these rights and principles and has to be implemented accordingly.
Amendment 128 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the offence was committed against a victim who was particularly vulnerable, which, in the context of this Directive, shall include at least child victims, and adults who were particularly vulnerable on grounds of sex, pregnancy, health conditions or, disability and immigration status;
Amendment 148 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting offences referred to in Articles 2 and 3 are trained accordinglprovided training in human rights, women's rights and gender equality.
Amendment 159 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall take the necessary measures to establish appropriate mechanisms aimed at early identification, assistance and support for victims, in cooperation with relevant support organisations. Member States shall work closely with civil society organisations, including those providing services to victims of trafficking, male violence against women and different forms of exploitation, including sexual exploitation.
Amendment 165 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Assistance and support measures referred to in paragraph 2 and 3 shall be provided on a consensual and informed basis, and shall include a permanent residence permit and at least standard of living capable of ensuring victims' subsistence through measures such as appropriate and safe accommodation and material assistance as well as necessary medical treatment including psychological assistance, counselling and information in a language they can understand, translation and interpretation services where appropriate, and access to education for children. Member States shall attend to victims with special needs.
Amendment 172 #
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 and asserting withheld wages. 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 176 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that victims of trafficking in human beings receive appropriate protection on the basis of an individual risk assessment, inter alia by having access to witness protection programmes or other similar measures, if appropriate and in accordance with the grounds defined by national legislation or procedures. Individual risk assessment should take into account the situation of the victim which might make the victim particularly vulnerable, including on the grounds of sex, pregnancy, health conditions or disability, immigration status.
Amendment 179 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Child victims of trafficking in human beings shall be provided with assistance, support and protection, taking into account the best interests of the child. Member States shall work closely together with civil society organisations, including those providing services to victims of trafficking, male violence against women and different forms of exploitation, including sexual exploitation.
Amendment 201 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall take measures aiming at women's empowerment in order to make women less vulnerable and reduce the risk of women becoming victims of trafficking in human beings.
Amendment 205 #
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-line police officers, border guards, labour inspectors, health care personnel and consular staff, aimed at increasing their knowledge on gender equality and enabling them to identify and deal with victims and potential victims of trafficking in human beings.
Amendment 221 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall take the necessary measures to establish National Rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include, in cooperation with civil society organisations, the carrying out of assessments on trafficking in human beings trends, the measuring of results of anti- trafficking actions and reporting to the relevant national and EU authorities. National Rapporteurs should be politically and party-independent and should avail of sufficient financial resources.