55 Amendments of Cornelia ERNST related to 2019/2199(INI)
Amendment 21 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the UN 2030 Agenda for Sustainable Development
Amendment 35 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law,
Amendment 36 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,
Amendment 38 #
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
– having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation,
Amendment 39 #
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
– having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law,
Amendment 40 #
Motion for a resolution
Citation 18 d (new)
Citation 18 d (new)
– having regard to its resolution of 25 October 2018 on the rise of neo-fascist violence in Europe1a, __________________ 1a Texts adopted, P8_TA(2018)0428
Amendment 49 #
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to its resolution of 15 April 2015 on the occasion of International Roma Day – anti-Gypsyism in Europe and EU recognition of the memorial day of the Roma genocide during World War II1a, __________________ 1a Texts adopted, P8_TA(2015)0095
Amendment 55 #
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
– having regard to its resolution of 12 February 2019 on the need for a strengthened post-2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism1a, __________________ 1a Texts adopted, P8_TA(2019)0075
Amendment 56 #
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
– having regard to the FRA report entitled ‘Roma women in nine EU countries’,
Amendment 57 #
Motion for a resolution
Citation 24 b (new)
Citation 24 b (new)
– having regard to its resolution of 1 June 2017 on combating anti-Semitism1a, __________________ 1a Texts adopted, P8_TA(2017)0243
Amendment 58 #
Motion for a resolution
Citation 24 c (new)
Citation 24 c (new)
– having regard to Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies,
Amendment 74 #
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
– having regard to the FRA report entitled ‘Combating child poverty: an issue of fundamental rights‘,
Amendment 108 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union and as reflected in the Charter and embedded in international human rights treaties; whereas the Charter is part of EU primary law;
Amendment 111 #
Motion for a resolution
Recital A
Recital A
A. whereas the EU is not merely a monetary union, but also a social one, as enshrined in the Charter, the European Convention on Human Rights, the European Social Charter and the European Pillar of Social Rights and other legislation which focuses on the protection of human and fundamental rights in Europe; whereas Article 151 TFEU refers to fundamental social rights such as those set out in the European Social Charter; whereas the Union has still not acceded to the ECHR, in spite of its obligation to do so under Article 6(2) TEU;
Amendment 119 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 2 of the TEU states that the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the primacy of law and human rights, including the rights of persons belonging to minorities;
Amendment 121 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Commission Special Eurobarometer of March 2019 shows that awareness of the Charter remains low;
Amendment 125 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. Whereas racial, ethnic and religious minorities face structural racism, discrimination, hate-crime and hate-speech, lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which needs to be acknowledged as major barriers to full enjoyment of fundamental rights and key barrier to inclusion and equality;
Amendment 127 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas in the years 2018 and 2019, the EU has faced serious and multifaceted challenges in relation to the protection of fundamental rights, the rule of law and democracy, which are all intrinsically connected;
Amendment 131 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the EU and the Member States have shared competencies in the area of housing; whereas both a national and an EU level strategy is needed; whereas housing is not a commodity, but a necessity, without which citizens cannot fully participate in society and access fundamental rights; whereas homelessness is a situation that deprives individuals of human rights, and is itself a violation of human rights; whereas there is an unacceptable trend of rising evictions and homelessness across the EU;
Amendment 132 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas anti-Gypsyism remains pervasive across the EU, where structural anti-Gypsyism and sustained socio- economic inequalities affect Roma in areas such as housing, healthcare, employment and education; whereas Roma people suffer increased hate speech in public, in social media and by politicians, police violence, including collective punishment, racial profiling, residential and school segregation;
Amendment 136 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the rise of precarious employment, such as involuntary part- time and fixed-term contract work, zero- hour contracts, unpaid internships and traineeships, ‘gig-economy’ work and ‘self-employment’ style contracts is deeply concerning; and whereas such forms of employment may not adequately respect the rights enshrined in Article 31 of the Charter, or the right of workers to engage in collective bargaining, which is an important tool for workers to secure their fundamental rights;
Amendment 139 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas dysfunctional rule of law in some Member States provides no protection and access to justice to victims of police violence, instead the victims are persecuted by the state authorities;
Amendment 142 #
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas anti-Semitism remains pervasive in everyday life across the EU, with several Member States reporting increases in crimes motivated by anti- Semitism and those who experience anti- Semitic harassment generally do not report the incidents to police;
Amendment 145 #
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. whereas the present decade is witnessing a visible and organised offensive at the global and European level against gender equality and women’s rights, including sexual and reproductive rights;
Amendment 146 #
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. whereas there is a growing risk of discriminatory impact of counter terrorism policies, including of hyper scrutiny and surveillance of Muslim communities in Europe;
Amendment 147 #
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. whereas in recent years some Member States have sought to roll back on sexual and reproductive health and rights, such as existing legal protections for women’s access to abortion care, including the introduction of regressive pre-conditions before abortions can take place, such as mandatory biased counselling or waiting periods, not ensuring that barriers that impede access to abortion in practice are eradicated, as well as attempts to fully ban abortion or remove existing legal grounds for abortion; whereas, however, there have also been progressive liberalizing reforms in some Member States;
Amendment 149 #
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. whereas the increased resort of states to new technology, such as predictive policing and the use of facial recognition, presents a number of risks for racial minorities in Europe;
Amendment 150 #
Motion for a resolution
Recital A h (new)
Recital A h (new)
Ah. whereas environmental injustices are regularly related to health risks and negative consequences for wellbeing and certain communities and groups, including people of colour and ethnic minorities, are disproportionately affected by environmental burdens, have less access to environmental resources and services, and are discriminated against in their right to information, to participation in decision-making and access to justice in environmental matters;
Amendment 152 #
Motion for a resolution
Recital A i (new)
Recital A i (new)
Ai. whereas women, LGBTI, people with disabilities, people belonging to racial, religious and ethnic minorities face intersectional discrimination which increase the severity of discrimination on their lives and their women’s sexual and reproductive rights are not protected;
Amendment 169 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas there has been an increase of hatred and discrimination targeting Muslims in Europe; whereas the FRA pointed out in its 2019 report that discriminatory institutional practices, policies and laws occurred in many countries; whereas there is a growing risk of a discriminatory impact of anti- terrorism policy on Muslim communities; whereas the FRA created in December 2018 the first dedicated data-base on anti- Muslim hatred;
Amendment 181 #
Motion for a resolution
Recital B g (new)
Recital B g (new)
Bg. whereas freedom of expression and freedom and pluralism of the media are enshrined in Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights (ECHR); whereas media freedom, pluralism and independence are vital to the democratic functioning of the EU and its Member States;
Amendment 188 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 190 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas Article 11 of the ECHR and Article 12 of the Charter state that everyone has the right to freedom of peaceful assembly and to freedom of association, including the right to form and join trade unions for the protection of their interests; whereas in democratic societies, freedom of assembly is one of the instruments by which people can participate in the public debate and bring about social change;
Amendment 198 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 199 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the space for civil society is shrinking in certain Member States such as Hungary, Poland, Bulgaria and Romania; whereas Member States are responsible for ensuring that the rights of civil society organisations and human rights defenders are not restricted, and that a conducive legislative and regulatory environment is in place, as reinforced in the recently adopted Council conclusions on the Charter of Fundamental Rights after 10 Years: State of Play and Future Work; whereas Member States should also support the work of civil society organisations through sufficient funding and ensure that there are mechanisms for fruitful cooperation with them;
Amendment 200 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas in 2018 and 2019 it has been proven that major social media companies, in violation of existing data protection law, have granted third-party applications access to users personal data, and that personal data has been increasingly abused for behavioural prediction and manipulation, including for electoral campaigning purposes;
Amendment 232 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas corruption constitutes a serious threat to democracy, the rule of law and fundamental rights and harms all Member States and the EU as a whole; whereas the implementation of the anti- corruption legal framework remains uneven among Member States;
Amendment 296 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to look into what steps are needed for accession by the European Union to the European Social Charter, and to propose a timeframe for achieving that objective;
Amendment 338 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Strongly affirms that the denial of sexual and reproductive health and rights services is a form of violence against women and girls and stresses that the ECtHR has ruled on different occasions that restrictive abortion laws and preventing access to legal abortion violates the human rights of women; reiterates that the refusal by medical professionals to provide the full range of reproductive and sexual health services on personal grounds must not infringe on the right of women or girls to access reproductive care; calls on the Commission to include the need to uphold sexual and reproductive health and rights in its Fundamental Rights Strategy, as well as in any mechanisms to monitor compliance with Article 2 TEU in the Member States;
Amendment 401 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 404 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is deeply concerned about the increased levels of xenophobia and different forms of racism, such as islamophobia, afrophobia, anti-Gypsyism and antisemitism, which tend to become normalised in the Member States;
Amendment 411 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls for implementation of legislation and stronger sanctions of any discrimination on the grounds of race, ethnic or social origin, religion or belief, membership of a national minority, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health;
Amendment 415 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Member States to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC) and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to combat persisting afrophobia, anti-Gypsyism, antisemitism and islamophobia; points out that the Member States should put forward or review national inclusion strategies to ensure that all people regardless of race, ethnicity, religion, gender or any other status are empowered to actively participate in social, economic, political and cultural life;
Amendment 422 #
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment;
Amendment 429 #
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Calls for the EU wide implementation of the Aarhus Convention that links environmental rights and human rights; calls for the environmental regulation that would equally benefit all parts of society and address environmental racism that amounts to breaches of internationally recognised human rights;
Amendment 433 #
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Takes the view that particular attention should be paid to the situation and the rights of individuals at the intersections of discrimination grounds in the EU, in particular women, racial, ethnic and religious minorities, migrants, LGBTI people, people with physical and intellectual disabilities, victims of abuse or modern slavery; points out that the EU and the Member States must take actions in this regard;
Amendment 438 #
Motion for a resolution
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. Points out that EU and its Member States should combat effectively discriminatory or violent treatment and reactions against the schooling and participation of children from minority backgrounds especially migrant, refugee and Roma children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s’ rights, in regular school curricula;
Amendment 441 #
Motion for a resolution
Paragraph 8 h (new)
Paragraph 8 h (new)
Amendment 444 #
Motion for a resolution
Paragraph 8 i (new)
Paragraph 8 i (new)
8i. Calls on all the Member States to address the lack of reporting of hate crimes by victims due to inadequate safeguards and failure of authorities to properly investigate and bring convictions for hate crimes in Member States; stresses that the ECtHR has already ruled on this violation of rights, i.e. in a judgment delivered on 11 December 2018 the Court found that Slovakia had violated Article 14 of the European Convention on Human Rights (prohibiting discrimination in the protection of human rights) taken with Article 2 (the right to life) after Slovak authorities failed to investigate the possible racist motives behind the shooting Roma from the town of Hurbanovo by an off-duty police officer and to prosecute the murderer accordingly1a; __________________ 1ahttp://hudoc.echr.coe.int/eng?i=001- 188265
Amendment 447 #
Motion for a resolution
Paragraph 8 j (new)
Paragraph 8 j (new)
8j. Calls on the European Commission to lead by example in promoting the rights of minorities by amending its own diversity and inclusion strategy to include specific measures on race, ethnicity and religion/belief on the diversification of the EU workplace;
Amendment 482 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is concerned about the fact that the Member States have different thresholds for the use of force and weapons by law enforcement authorities for maintaining public order; urges the prohibition of certain types of less-lethal weapons and devices for maintaining public order, such as tear gas, stun grenades and LBD 40 launchers; calls on Member States to refrain from adopting restrictive laws concerning freedom of assembly;
Amendment 484 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is deeply concerned about the increasingly shrinking space for independent civil society in some Member States; recalls the importance of ensuring adequate funding to support civil society activities; , in particular for women's rights organisations and human rights defenders, including unreasonable administrative burdens, limiting access to funding, as well as restrictions on freedom of assembly and organisation; recalls the importance of ensuring adequate funding to support the activities of civil society organisations working at national, regional and local level, including through the Rights and Values programme, the funding of which should be significantly increased, as previously asked for by the European Parliament;
Amendment 520 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Condemns that some Member States have adopted laws, policies and practices that undermine the effective protection of the human rights of refugees, asylum seekers and migrants, on land and at sea; calls on the European Commission and Member States to put the human rights of migrants, asylum seekers and refugees, as well as the principle of responsibility sharing, at the centre of its migration and asylum policies;
Amendment 574 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to monitor all Article 2 TEU violations, in particular those affecting fundamental rights, in the framework of its announced rule of law review cycle; reiterates the critical need for an EU mechanism on democracy, the rule of law and fundamental rights as proposed by Parliament, including an annual independent, evidence-based and non- discriminatory review assessing all Member States' compliance with Article 2 TEU;
Amendment 594 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls the obligation laid down in article 6 TEU to accede to the ECHR; calls the Commission to take the necessary steps to eliminate the legal barriers that prevent the conclusion of the accession process, and to present a new draft agreement for the accession of the EU to the ECHR providing positive solutions to the objections raised by the CJEU in Opinion 2/13 of 18 December2014; considers that its completion would introduce further safeguards protecting the fundamental rights of EU citizens and residents and provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the ECtHR in relation to a violation of human rights derived from an act by an EU institution or a Member State implementing EU law, falling within the remit of the ECHR; is of the opinion that ECtHR case law will thus provide extra input for current and future EU action on the respect for, and promotion of, human rights and fundamental freedoms in the areas of civil liberties, justice and home affairs, in addition to the case law of the CJEU in this field;