45 Amendments of Ulrike LUNACEK related to 2011/2069(INI)
Amendment 1 #
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
- having regard to Article 2 and Article 3(3), second subparagraph, of the Treaty on the European Union (TEU) and Article 157 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 2 #
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
- having regard to its resolution of 17 June 2010 on the assessment of the results of the 2006-2010 Roadmap for Equality between women and men, and forward-looking recommendations1,
Amendment 3 #
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
- having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 2, 3, 4, 5, 21 and 23,
Amendment 4 #
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
- having regard to the recommendation of the Council of Europe Committee of Ministers on measures to combat discrimination on grounds of sexual orientation or gender identity (CM/Rec(2010)5) and the recommendation and resolution (Recommendation 1915 and Resolution 1728) of the Parliamentary Assembly of the Council of Europe on the same topic,
Amendment 5 #
Draft opinion
Citation 1 c (new)
Citation 1 c (new)
- having regard to the European Pact for Gender Equality (2011-2020) adopted by the European Council in March 2011,
Amendment 6 #
Draft opinion
Citation 1 c (new)
Citation 1 c (new)
- having regard to the European Commission’s Strategy for equality between women and men 2010-2015 (COM(2010)0491),
Amendment 7 #
Draft opinion
Citation 1 d (new)
Citation 1 d (new)
- having regard to the recommendation by the Council of Europe Committee of Ministers on measures to combat discrimination on grounds of sexual orientation (CM/Rec(2010) 5) and the recommendation (1915) and resolution (1728) of the Parliamentary Assembly of the Council of Europe on the same topic,
Amendment 8 #
Draft opinion
Citation 1 d (new)
Citation 1 d (new)
- having regard to the Fundamental Rights Agency’s Report on Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity(2010),
Amendment 9 #
Draft opinion
Citation 1 e (new)
Citation 1 e (new)
- having regard to the Commission's Communication on the Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union of 19.10.2010 COM(2010) 573 final,
Amendment 10 #
Draft opinion
Citation 1 f (new)
Citation 1 f (new)
- having regard to the Council of Europe's Convention on preventing and combating violence against women and domestic violence of 7 April 2011 (CM(2011)49 final),
Amendment 11 #
Draft opinion
Citation 1 g (new)
Citation 1 g (new)
- having regard to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women1,
Amendment 13 #
Draft opinion
Paragraph A
Paragraph A
Amendment 14 #
Draft opinion
Paragraph A a (new)
Paragraph A a (new)
A a. whereas the entry into force of the Treaty of Lisbon created a new situation in the EU in the field of human rights by making the Charter of Fundamental Rights legally binding (Article 6 TEU),
Amendment 16 #
Draft opinion
Paragraph A b (new)
Paragraph A b (new)
A b. whereas equality between men and women is recognised as a fundamental right by the Charter and all types of discrimination should be fought against,
Amendment 17 #
Draft opinion
Paragraph A c (new)
Paragraph A c (new)
A c. whereas Gender Equality Directives require Member States to establish or designate equality bodies to promote equality, including providing independent assistance to victims of discrimination,
Amendment 18 #
Draft opinion
Paragraph 1
Paragraph 1
Amendment 23 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Affirms Article 2 of the Treaty on European Union founding the Union on a community of indivisible and universal values of respect for human dignity, freedom, democracy, equality, solidarity, the rule of law and respect for human rights, for all persons on the territory of the European Union, including those belonging to minorities;
Amendment 26 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the first annual report of the Commission on the application of the EU Charter of Fundamental rights; welcomes the conclusions of the Council, especially on its commitment to fulfil EU ambitions on gender equality as mentioned in the Treaty;
Amendment 29 #
Draft opinion
Paragraph 2
Paragraph 2
Amendment 35 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that Article 23 of the Charter states that "Equality between men and women must be ensured in all areas, including employment, work and pay; The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex stresses that "this in no way undermines the rights of other under represented groups such as children (Article 24), the elderly (Article 25), persons with disabilities (Article 26); additionally highlights that Article 21 of the Charter clearly states the prohibition of any discrimination against others, persons with generic features, or based on sexual orientation;
Amendment 37 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Underlines that women are the main victims of gender based violence; points out that violence and the threat of violence constitute a breach one's right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence, underlines that the effects of such violence, being so widespread throughout the European Community, constitute a genuine fundamental rights violation and health scourge and an obstacle to the enjoyment of all people of safe, free and just citizenship;
Amendment 38 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Takes note of the Commission's victims package; regrets that violence against women is not adequately taken into account; calls on the Commission to launch a comprehensive policy approach against gender based violence and to launch a Directive addressing combating and eliminating all forms of discrimination and violence against women and girls in all EU Member States;
Amendment 39 #
Draft opinion
Paragraph 3
Paragraph 3
Amendment 41 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. In order to avoid over-expectations and misunderstandings, calls on the Commission to inform better the citizens of their rights as enshrined in the Charter of Fundamental Rights but also about the scope of the Charter; recalls in this view the importance of the European e-justice Portal ; calls in addition on the Member States to increase awareness of the Charter among the civil society, through a continuous dialogue with relevant non- governmental organisations, and women's organizations in particular, as their expertise is invaluable with regards to stereotypes and discrimination since it is a fact through time, that women have been the most common and vulnerable victims;
Amendment 42 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the inclusion of transgender people’s rights by the Fundamental Rights Agency in its Report on Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity (2010), and their inclusion by the Commission in the Strategy for equality between women and men 2010-2015; reminds the Commission of the need to take gender identity into account in the field of discrimination based on sex, especially in future reviews of Directives 2004/113/EC and 2006/54/EC;
Amendment 43 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that transgender people face discrimination and stigma and do not fully enjoy their right to dignity and integrity due to abusive sterilisation and/or divorce requirements in 21 Member States; calls on the Commission to fully include gender identity in relation to discrimination based on sex, including in legislative proposals and reviews; calls on Member States to abolish sterilisation and other compulsory medical treatments, as well as divorce requirements that contradict transgender people’s right to dignity and integrity;
Amendment 45 #
Draft opinion
Paragraph 4
Paragraph 4
Amendment 50 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights the need to support the alleviation of all stereotypes and discriminatory behaviours via special programs, actions and campaigns involving Member States, social partners , NGO’s, institutions and parliamentarians;
Amendment 51 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is concerned about women's sexual and reproductive rights and health in some Member State; calls especially on the Member States to respect the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children, and to have information and the means to do so, including access to health care, legal and safe abortion and reliable, safe and affordable contraception;
Amendment 52 #
Draft opinion
Paragraph 5
Paragraph 5
Amendment 54 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets the relatively poor quality of data collected by equality bodies in some Members States, lacking disaggregation by ground of discrimination such as sex and age, or by thematic area, such as employment and education ; recalls the important role of the Fundamental Rights Agency in the collection and analysis of objective, reliable and comparable data on a variety of fundamental rights issues in the European Union;
Amendment 57 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Commission to better communicate on the type of complaints, letters, questions and petitions received from citizens concerning the application of the Charter; welcomes any concrete information on gender based discrimination complaints provided by the Commission to the Committee on Women's Rights and Gender Equality of the European Parliament for further analysis; requests that the Commission largely communicates its forthcoming annual reports on the situation of fundamental rights in the European Union, so as to increase awareness of the need for actions to combat democratic deficits and breaches of fundamental rights;
Amendment 60 #
Draft opinion
Paragraph 6
Paragraph 6
Amendment 67 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to find effective ways to follow up breaches of the Charter of Fundamental Rights, outstanding issues and specific cases of violations of fundamental rights and to carry out occasional audits in all Member States to identify unfulfilled commitments;
Amendment 269 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on Member States to adopt the national legislative framework to address discriminations experienced by LGBT people and same-sex couples on grounds of their sexual orientation or gender identity, and urges them to guarantee effective implementation of the existing EU legal framework and CJEU case-law; 1; __________________ 1 Case C-147/08, Jürgen Römer v Freie und Hansestadt Hamburg; Case C- 267/06; Tadao Maruko v Versorgungsanstalt der deutschen Bühnen
Amendment 270 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the Commission proposals on jurisdiction and applicable law for the property effects of marriages and registered partnerships; considers however that the choice of two different instruments 1 and of a separate approach for registered partnerships and marriages are unjustified; considers that the same choices of jurisdiction and applicable law should apply in both cases; __________________ 1 COM(2011)127 final and COM(2011)126 final.
Amendment 276 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on Member States who have adopted legislation on same-sex partnerships to recognise provisions with similar effects adopted by other Member States; recalls Member States’ obligation to fully implement Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, including for same-sex couples and their children;
Amendment 277 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to come up with a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 280 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Deplores that transgender people are still considered mentally ill in a number of Member States; calls on Member States to introduce or review legal gender recognition procedures on the model of Argentina and review conditions (including forced sterilisation) set for legal gender recognition; calls on the Commission and the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11);
Amendment 282 #
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Welcomes the new set of asylum rules introduced in the Qualification Directive which include gender identity as a ground of persecution; maintains that the asylum package must remain coherent and include sexual orientation and gender identity in the Asylum Procedure Directive;
Amendment 284 #
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls on Member States to ensure access to employment and goods and services without discrimination on grounds of gender identity, in line with EU law1; __________________ 1 Directive 206/54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast); Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services.
Amendment 286 #
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Welcomes the launch of a FRA survey that will gather comparable data on the experience of LGBT people in the European Union and Croatia;
Amendment 287 #
Motion for a resolution
Paragraph 26 g (new)
Paragraph 26 g (new)
26g. Calls on the Commission to use the results of this survey to prepare an EU Roadmap for equality on grounds of sexual orientation and gender identity, with a view to adoption by 2014;
Amendment 288 #
Motion for a resolution
Paragraph 26 h (new)
Paragraph 26 h (new)
26h. Calls on Member States to ensure the effective protection of participants in LGBT public events, including pride marches, and to ensure these events can take place lawfully;
Amendment 289 #
Motion for a resolution
Paragraph 26 i (new)
Paragraph 26 i (new)
26i. Calls on Member States to fully transpose Directive 2003/86/EC of the Council on the right to family reunification, without any discrimination on the grounds of sex or sexual orientation; recalls that, according to European Court of Human Rights jurisprudence, same-sex couples fall under the scope of family life1; __________________ 1 Schalk and Kopf v Austria, Application No. 30141/04, ECHR