2013/2115(INI) | [ParlTrack]

Draft opinion
Paragraph 1

1. Notes that the irregular status of undocumented women and women with unclear residence status throughout Europe makes it ~~difficult~~virtually impossible for their fundamental human rights, such as access to education and health, to be respected;

Amendment 10 #

Draft opinion
Paragraph 1 d (new)

1d. Calls on the Member States and the Commission to strengthening the fight against undeclared work and labour exploitation as a crucial step, in order to respect and ensure equal treatment for undocumented migrant workers.

Amendment 11 #

Draft opinion
Paragraph 1 e (new)

1e. Encourage the Member States to active work for widening undocumented persons prospects to become legal in order to facilitating their access to the labour market and improving their social inclusion in society.

Amendment 12 #

Sari ESSAYAH

Draft opinion
Paragraph 2

2. Calls on the Member States and social partners to ~~address the specific situation of undocumented women in the workplace and help those concerned~~help undocumented women to be brought within the legally established systems, so that their position in the workplace becomes legal, thereby enabling them to better exercise their rights - including through the application of EU Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, and points out that under that directive the Member States must prohibit the employment of illegally staying third country nationals;

Amendment 13 #

Draft opinion
Paragraph 2

2. Calls on the Member States and social partners to address the specific situation of undocumented women in the workplace ~~and help those concerned, thereby enabling them to better~~to exercise their rights - including through the application of EU Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals; to ensure that the labour law and the collective agreements are respected.

Amendment 14 #

Draft opinion
Paragraph 2

2. CStresses that undocumented women in particular are often the victims of precarious, isolated, unhealthy or unfair working conditions, in some cases experience abuse and violence and are prevented by extreme dependency on their employers from asserting their fundamental and labour rights; calls on the Member States and social partners to address the specific situation of undocumented women in the workplace and help those concerned, thereby enabling them to better exercise their rights - including through the application of EU Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals;

Amendment 15 #

Draft opinion
Paragraph 2 a (new)

2a. Draws attention to the fact that undocumented female migrants work in areas, very often, below their education levels attained in their countries of origin or in the host country.

Amendment 16 #

Draft opinion
Paragraph 2 a (new)

2a. Calls on the Member States and the Commission to ensure undocumented workers strike rights and protection of trade unions, in order to empower and enabling them to better exercise their rights and reduce the risk of labour exploitation.

Amendment 17 #

Draft opinion
Paragraph 2 a (new)

2a. Calls for the implementation of ILO Convention no. 29 on forced labour; calls for consideration to be given to the special situation of women involved in forced labour – including not just forced prostitution but all involuntary work, including in the domestic sphere – and for protection to be given to the undocumented migrant women concerned;

Amendment 18 #

Draft opinion
Paragraph 2 b (new)

2b. Stresses the need for the Commission and the Member States to strengthening labour inspections to combat exploitation of undocumented women migrant workers and violation of their fundamental human rights.

Amendment 19 #

Sari ESSAYAH

Draft opinion
Paragraph 3

3. ~~Calls for special forms of data protection for undocumented women who~~Takes the view that undocumented women who are, or are in danger of becoming, victims of human trafficking, and turn in such situations to the authorities, women's shelters, counselling services or religious counsellors~~; calls for the implementation of~~, should be given help and support in accordance with Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims and calls for this directive to be implemented in all Member States;

Amendment 2 #

Draft opinion
Paragraph 1

1. Notes that the irregular status of undocumented women throughout Europe makes it difficult for their fundamental human rights to be respected thus making these women particularly vulnerable to all kinds of exploitation, low wages and unstable working conditions; lack of contracts deprives them from social security and other employment benefits and illiteracy, language and adaptability barriers deteriorate their situation further;

Amendment 20 #

Draft opinion
Paragraph 3

3. Calls for special forms of data protection for undocumented women who ~~turn in such situations to women's shelter~~are seeking help or guidance from authorities, counselling services or ~~religious counsellor~~NGOs; calls for the implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims in all Member States; ensuring that undocumented women that have been victim of crime shall have the right to receive help without risk of deportation from the Member State

Amendment 21 #

Draft opinion
Paragraph 3

3. Calls for special forms of data protection for undocumented women who turn in such situations to hospitals, doctors, women's shelters, counselling services or religious counsellors and for the protection of workers in these establishments who acquire knowledge about irregular residence; calls for the implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims in all Member States;

Amendment 22 #

Draft opinion
Paragraph 3 a (new)

3a. Condemns any form of violence, human trafficking, abuse and discrimination against undocumented women; stresses the need for access to the help on offer in these situations without the fear of this resulting directly in measures to terminate residence;

Amendment 23 #

Claudette ABELA BALDACCHINO

Draft opinion
Paragraph 3 a (new)

3a. Calls on the Commission and the Member States to provide sufficient female contact staff, care professionals, officials, assessors and other staff; notes that this is called for out of respect for other religions and cultures and protects against discrimination;

Amendment 24 #

Draft opinion
Paragraph 3 a (new)

3a. -Stresses that undocumented women are vulnerable to abuse, and that barriers for them to engage in legal procedures are often to be found in the fear that their safety is not guaranteed, caused by a lack of shelters and procedural obstacles; calls on Member States to ensure that such women have the possibility to report any abuse suffered, and to be protected from any form of reprisal. Measures to assist such vulnerable women, including by way of provision of shelters, should also be in place. Member States are therefore called upon to take the necessary measures to identify such abuse and to guarantee access to justice

Amendment 25 #

Draft opinion
Paragraph 4

4. Draws attention particularly to the situation of undocumented women who are pregnant or have children: they need special protection ~~for the unborn child~~ and a legal entitlement to health care and the right to a birth certificate for their children in accordance with Article 7 of the UN Convention on the Rights of the Child; stresses the need to ensure that women with irregular or unclear residence status can access medical care without subsequently having to fear prosecution and/or deportation;

Amendment 26 #

Draft opinion
Paragraph 4

Amendment 27 #

Draft opinion
Paragraph 4

4. Draws attention particularly to the situation of undocumented women who are pregnant or have children: they need special protection for the unborn child and a legal entitlement to health care by doctors and midwives, both during and after childbirth, access to psycho-social and spiritual counselling and the right to a birth certificate for their children in accordance with Article 7 of the UN Convention on the Rights of the Child; they must have access to appropriate medical care and to registry offices without having to fear that this will result directly in measures to terminate their residence; calls for special forms of data protection for women who in such situations turn to doctors, clinics and registry offices;

Amendment 28 #

Draft opinion
Paragraph 5

5. Calls on the Commission and the Member States, through more extensive and linked research, to close the gaps in reliable data and existing knowledge on the number and situation of undocumented persons in Europe, to draw the attention of Eurofound to the situation of undocumented women and to take greater account of these women when implementing the inclusion targets of the Europe 2020 strategy;

Amendment 29 #

Draft opinion
Paragraph 5

Amendment 3 #

Sari ESSAYAH

Draft opinion
Paragraph 1

1. Notes that the irregular status of undocumented women throughout Europe makes it difficult for their fundamental human rights to be respected; considers that the best way of permanently improving their situation is to bring them within the legally established systems, so that they can either obtain a legal residence and work permit and identification documents or find a place within the legally established systems in their home country;

Amendment 30 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Member States to grant the children of women with irregular or unclear residence status access to the education system without the threat of this leading to prosecution and/or deportation;

Amendment 31 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission and Member States to reduce inequalities in employment between migrant workers and EU workers by offering secondary and vocational training so women especially migrant women can acquire new skills, so as not to be restricted to low paid jobs.

Amendment 32 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission and the Member States to make preventative medical examinations and care, with data protection, available free of charge for undocumented women in the EU too;

Amendment 33 #

Draft opinion
Paragraph 5 b (new)

5b. Calls, in the context of efforts to prevent migration by means of development aid to the migrants' countries of origin, for the focus to be placed on women's education and rights;

Amendment 34 #

Draft opinion
Paragraph 5 b (new)

5b. Notes that the draft opinion on gender aspects of the EU Framework for National Roma Integration Strategies should be taken into account in this context.

Amendment 4 #

Draft opinion
Paragraph 1

1. Notes that the irregular status of undocumented women throughout Europe makes it difficult for their fundamental human rights to be respected; and contributes to social exclusion;

Amendment 5 #

Draft opinion
Paragraph 1 a (new)

1a. Calls on the Member States to: allow undocumented women to access health services and education; enable them to have access to the legal system and confidential advice in emergencies without fear of this resulting directly in measures to terminate their residence; ensure that the European platform against poverty and social exclusion as well as networks of existing aid organisations, churches and civil society are involved in this action; and, where necessary, establish specific forms of data protection for the women concerned;

Amendment 6 #

Draft opinion
Paragraph 1 a (new)

1a. Stresses that access to employment and prospects for longer-term security and professional advancement are often limited due to discriminatory practises.

Amendment 7 #

Draft opinion
Paragraph 1 a (new)

1a. Calls on the Member States and the Commission to recognise undocumented women migrants as an explicit vulnerable social group concerning exposure for trafficking, discrimination and exploitation on the labour market.

Amendment 8 #

Draft opinion
Paragraph 1 b (new)

1b. Calls on the Member States and the Commission to focus on the undocumented women migrants working conditions, as a crucial step towards defining and recognising the difficulties undocumented women migrants are exposed for at the labour market and in order to make sure that their fundamental rights are respected.

Amendment 9 #

Draft opinion
Paragraph 1 c (new)

1c. Calls on the Member States and the Commission to ensure that undocumented women migrants have the right and access to public and social services and health care in order for their fundamental human rights to be respected.

source: PE-521.614

2013/11/05 FEMM 69 amendments...

Amendment 1 #

Motion for a resolution
Citation 2 a (new)

2a. having regard to the UN General Assembly "Violence against women migrant workers: Report of the Secretary- General" of 23 July 2013,

Amendment 10 #

Motion for a resolution
Citation 19 a (new)

19a. having regard to the complex circumstances brought about by wars and exacerbated by worldwide humanitarian crises, and to the growth in refugee flows, which include large numbers of undocumented women and children,

Amendment 11 #

Motion for a resolution
Recital A a (new)

Aa. whereas the consequences for undocumented migrants of hardening access to European borders backed up by criminal sanctions, has been strongly questioned by politicians, independent human rights experts, NGOs and international organizations;

Amendment 12 #

Motion for a resolution
Recital В a (new)

Ва. whereas undocumented migrants are often lacking in financial resources, which places them at risk of malnutrition and deteriorating health, and means that they have to seek unacceptable solutions to secure the means of subsistence;

Amendment 13 #

Motion for a resolution
Recital D

D. whereas undocumented women migrants and their dependants are particularly vulnerable to the risks arising from that legal status, as they are exposed to a greater extent than men to the possibility of physical, sexual, and mental abuse, poor working conditions, labour exploitation by employers and double discrimination based on both race and gender;

Amendment 14 #

Lívia JÁRÓKA

Motion for a resolution
Recital D a (new)

Da. whereas undocumented women migrants may be particularly vulnerable to traffickers and may subsequently become a victim of trafficking;

Amendment 15 #

Motion for a resolution
Recital D a (new)

Dа. whereas undocumented migrant women are often accompanied by children for whom they must care, which acts as an additional spur to their seeking out possible ways of subsisting and surviving;

Amendment 16 #

Motion for a resolution
Recital D a (new)

Da. whereas the European Union Agency for Fundamental Rights has documented that apprehension measures and the reporting or exchange of personal data between public institutions and immigration law enforcement bodies may create a general atmosphere of fear among migrants in an irregular situation, deterring them from accessing such institutions and thus disproportionately interfering with their fundamental rights;

Amendment 17 #

Mariya GABRIEL

Motion for a resolution
Recital F

F. whereas undocumented women migrants are more likely to suffer violence and abuse, including sexual abuse; whereas undocumented women migrants are liable to fall prey to sexual exploitation and to trafficking in human beings in general; whereas access to state-run women’s shelters is subject to the requirement for a legal form of ID or a residence permit and whereas victims consequently have no choice but to remain in an abusive situation or flee to the streets; whereas they risk deportation if they contact the police;

Amendment 18 #

Motion for a resolution
Recital F

F. whereas undocumented women migrants are more likely to suffer violence and abuse; whereas access to state-run women's shelters most often is subject to the requirement for a legal form of ID or a residence permit, and civil society shelters and support services receiving funds from European Refugee Fund or the European Integration Fund are obliged to deny support to those who are not "asylum seekers or refugees" or "legally residing third country nationals", respectively; and whereas victims consequently have no choice but to remain in an abusive situation or flee to the streets where they are exposed to further violence and exploitation; whereas they risk deportation if they contact the police;

Amendment 19 #

Motion for a resolution
Recital F a (new)

Fa. whereas gender stereotypes are more deeply rooted in immigrant communities, and migrant women are more often victims of the various types of violence against women, especially forced marriages, female genital mutilation, so-called ‘honour crimes’, ill-treatment in close relationships, sexual harassment at the workplace and even trafficking and sexual exploitation;

Amendment 2 #

Motion for a resolution
Citation 3 a (new)

3a. having regard to the UN Committee on the Elimination of Discrimination against Women General Recommendation No. 26 on women migrant workers of 5 December 2008,

Amendment 20 #

Motion for a resolution
Recital G a (new)

Ga. whereas the urgent healthcare needs of undocumented women throughout their lifecycle places them at disproportionate risk of receiving extremely high bills for hospital care in countries where they are ineligible for subsidised care, whereas the fear of receiving such bills leads a number of undocumented women to give birth at home without medical support;

Amendment 21 #

Motion for a resolution
Recital H

H. whereas access to the most basic healthcare services, such as emergency care, is severely limited, if not impossible, for undocumented migrants on account of the identification requirement, the high price of treatment and the fear of being detected and reported to the authorities; whereas undocumented women migrants are especially at risk, since they are not provided with gender-specific care such as antenatal, natal and postnatal services; whereas some undocumented migrants are not even aware of their health entitlements in the ~~host~~ country of destination;

Amendment 22 #

Motion for a resolution
Recital H

Amendment 23 #

Motion for a resolution
Recital I a (new)

Ia. whereas the prostitution markets and industry in Europe to a large extent feeds on the vulnerability of migrant women and girls, and whereas many women in prostitution are undocumented, which adds to the abuse and vulnerability already inherent in the prostitution industry;

Amendment 24 #

Motion for a resolution
Recital J

J. whereas migrant children and girls from undocumented families are prevented from going to school owing to the~~ir families'~~ fear of detection and inability to provide official documents for enrolment; whereas the use of the educational systems to detect undocumented families in some Member States has created a climate of fear discouraging undocumented families from inscribing their children; whereas undocumented adolescent girls face significant barriers to access higher/ tertiary education and training;

Amendment 25 #

Motion for a resolution
Recital K

K. whereas the increased demand for workers in the domestic and care sectors is attracting a large number of women migrants, many of whom arbecome undocumented due to inflexible and restrictive visa and residence regimes; whereas the undocumented women working in this sector are most vulnerable to low pay, mental abuse, withholding of wages and passports and sometimes even physical or sexual abuse at the hands of their employers; whereas undocumented women face significant barriers are unlikely to seek redress in court;

Amendment 26 #

Motion for a resolution
Recital K

K. whereas the increased demand for workers in the domestic and care sectors is attracting a large number of women migrants, many of whom arbecome undocumented due to restrictive and discriminatory visa regimes and; whereas the undocumented women working in this sector are most vulnerable to low pay, mental abuse, withholding of wages and passports and sometimes even physical abuse and sexual abuse at the hands of their employers; whereas undocumented women ~~are unlikely to seek redress in court~~face significant barriers to report exploitation or seek redress in court as they face a very real threat of arrest and deportation if making contact with the authorities;

Amendment 27 #

Motion for a resolution
Recital K a (new)

Ka. whereas employed undocumented migrant women hardly have a remedy to claim fair working conditions, or fair wages; whereas because of their economic and social isolation, ignorance of their basic rights and fear of deportation;

Amendment 28 #

Motion for a resolution
Recital M

M. whereas undocumented women migrants are especially vulnerable to physical and mental and sexual abuse at the time of arrest and in detention centres;

Amendment 29 #

Motion for a resolution
Paragraph 1

1. Recalls that the need to protect the fundamental rights of undocumented migrants has been repeatedly underlined by international organisations such as the Parliamentary Assembly of the Council of Europe, and in UN international human rights instruments and EU law, refers in this context to the Council of Europe Convention on preventing and combating violence against women which includes the prohibition of discrimination based on sexual orientation, gender identity, migrant or refugee or other status;

Amendment 3 #

Motion for a resolution
Citation 4 a (new)

4a. having regard to the UN General Assembly "Violence against women migrant workers; Report to the Secretary- General of 23 July 2012,

Amendment 30 #

Motion for a resolution
Paragraph 1 a (new)

1a. Deplores the desperate situation of undocumented migrants and failed asylum-seekers in the EU, many of whom are destitute, and calls for solutions to be found, with full respect for the fundamental rights of those concerned; notes that undocumented migrants have very few prospects for integration and that opening up channels for regularisation would improve integration prospects;

Amendment 31 #

Mariya GABRIEL

Motion for a resolution
Paragraph 1 a (new)

1a. Points out that immigration policy and the management of migratory flows, be they legal or illegal, are the common and joint responsibility of the EU Member States;

Amendment 32 #

Motion for a resolution
Paragraph 1 a (new)

1a. Highlights that lesbian, bi- and transsexual immigrants without legal documents are the victims of double discrimination and their fragile condition as a foreigner without papers adds to their complicated situation;

Amendment 33 #

Motion for a resolution
Paragraph 1 b (new)

1b. Emphasises that illegal immigration is a very current issue and that a common legal framework on migration policies is needed in order to protect migrants and potential victims, especially women and children, who are vulnerable to various forms of organised crime in the context of migration and human trafficking; also emphasises that illegal migration can be reduced through a common legal framework;

Amendment 34 #

Motion for a resolution
Paragraph 1 c (new)

1c. Condemns the fact that many migrant women are misled in their countries of origin with promises of employment contracts in developed countries, and that some are even kidnapped to be sexually exploited by organised crime and human trafficking networks; calls on the Member States to step up their efforts to combat these abusive and inhuman practices;

Amendment 35 #

Motion for a resolution
Paragraph 2

2. Encourages the Member States to apply the Facilitation Directive in a manner that does not curtail the possibility of undocumented migrants renting housing on the free market, in order to reduce the risk of exploitative or abusive situations; ones which female migrants are especially vulnerable to; encourages the Commission to revise the Facilitation Directive to prohibit the penalisation of actions committed with a humanitarian aim;

Amendment 36 #

Motion for a resolution
Paragraph 2 a (new)

2a. Calls on the Member States to provide support for the schooling of immigrant children and young people who are illegally resident and to desist from expelling children and young people who are following a course of study and their families;

Amendment 37 #

Minodora CLIVETI

Motion for a resolution
Paragraph 2 a (new)

2a. Calls on the Member States to take the requisite steps to create a legal framework for the establishment in the EU of undocumented women migrants that helps them and their children integrate into their new society, as in most cases they are the only providers for their families and also play the leading role in their children’s education;

Amendment 38 #

Motion for a resolution
Paragraph 3

3. Recalls Article 8 of the ECHR concerning respect for a person’s physical integrity, and therefore encourages the Member States to waive, for undocumented migrants in the most vulnerable situations, the requirement to provide documentation in order to access state-run shelters, considering in particular the special needs of pregnant women, and women with young children or caring for other persons;

Amendment 39 #

Motion for a resolution
Paragraph 3 a (new)

3a. Insists that account be taken of the particular vulnerability of persons with special needs such as children and adolescents, the elderly, the disabled, the illiterate or poorly qualified, members of minorities, immigrants persecuted in their countries of origin for their beliefs, sexual orientation or physical characteristics, etc., and female victims of gender violence;

Amendment 4 #

Motion for a resolution
Citation 4 b (new)

4b. having regard to the 1979 UN Convention on the Elimination of ALL Forms of Discrimination against Women (CEDAW),

Amendment 40 #

Antonyia PARVANOVA

Motion for a resolution
Paragraph 4

4. Encourages the Member States to uncouple health policies from immigration policies and therefore to refrain from imposing on healthcare practitioners the duty to report undocumented migrants; as well as to ensure appropriate care and assistance based on gender specific needs; similarly, encourages the Member States to refrain from requiring schools to report attending children of undocumented migrants;

Amendment 41 #

Motion for a resolution
Paragraph 4

4. Encourages the Member States to ~~uncouple~~delink health policies from immigration ~~policies~~control and therefore to refrain from imposing on healthcare practitioners the duty to report undocumented migrants; similarly, encourages the Member States to refrain from requiring schools to report attending children of undocumented migrants;

Amendment 42 #

Motion for a resolution
Paragraph 4

4. Encourages the Member States to uncouple health policies from immigration policies and therefore to refrain from imposing on healthcare practitioners the duty to report undocumented migrants; similarly, encourages the Member States to provide special training on gender issues to officials dealing with undocumented women migrants and to refrain from requiring schools to report attending children of undocumented migrants;

Amendment 43 #

Motion for a resolution
Paragraph 4 a (new)

4a. Condemns the restrictions that several Member State governments are imposing on access to public health systems for undocumented migrants;

Amendment 44 #

Motion for a resolution
Paragraph 4 a (new)

4a. Points out that the right to health is a fundamental human right and key to the realisation of other rights, underlines that human rights are universal and are thus applied equally and without discrimination to all people and on these grounds to undocumented migrant women;

Amendment 45 #

Motion for a resolution
Paragraph 4 a (new)

4a. Encourages the Member States to provide proper psychological, health and legal support to undocumented women;

Amendment 46 #

Motion for a resolution
Paragraph 5

5. Recalls that the rights set out in the Victims Directive are not conditional on the victim's residence status1; strongly encourages the Member States, therefore, to ~~uncouple~~delink the prosecution of violence against undocumented women migrants from immigration control so that victims can safely report crimes; __________________ 1 Recital 10 of Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime.

Amendment 47 #

Minodora CLIVETI

Motion for a resolution
Paragraph 5 a (new)

5a. Calls on the Member States to take the requisite steps to prevent the proliferation of prostitution and forced labour among women migrants;

Amendment 48 #

Motion for a resolution
Paragraph 6

6. Calls on the Member States to ensure the correct implementation of the safeguard contained in Article 6 of the Employer Sanctions Directive, which requires the Member States to make available mechanisms enabling undocumented migrant workers to lodge claims against an employer for any remuneration due; calls on the European Commission, the Member States, NGOs and all other civil society organisations working with undocumented migrants to run awareness campaigns informing undocumented migrants of this right;

Amendment 49 #

Mariya GABRIEL

Motion for a resolution
Paragraph 6 a (new)

6a. Calls on the Member States to establish suitable training courses, for their police forces and other state services that may be asked to deal with undocumented migrant women, on the gender violence and sexual exploitation to which these women can fall victim;

Amendment 5 #

Motion for a resolution
Citation 4 c (new)

4c. having regard to the UN Committee on Migrant Workers General Comment No 2 on the Rights of Migrant Workers in an Irregular Situation and Members of their Families,

Amendment 50 #

Motion for a resolution
Paragraph 7 a (new)

7a. Urges all Member States to ratify the Istanbul Convention on Preventing and combating violence against women and domestic violence and apply its provisions correctly, particularly Art. 59 which clearly states that Parties should take the necessary measures to suspend expulsion proceedings and/or to grant an autonomous residence permit in the event of a dissolution of marriage to those women migrants whose residence status depended on their spouse;

Amendment 51 #

Motion for a resolution
Paragraph 7 a (new)

7a. Calls on Member States to ratify the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, recognising the human rights of migrant workers and promoting their access to justice as well as to human and lawful working and living conditions;

Amendment 52 #

Minodora CLIVETI

Motion for a resolution
Paragraph 7 a (new)

7a. Recommends that the Member States look for means of acknowledging the value of the work done by women who, despite being undocumented, provide worthwhile services and contribute to the functioning of the host society;

Amendment 53 #

Motion for a resolution
Paragraph 7 a (new)

7a. Calls on Member States to ensure that all migrant women, including undocumented migrant women, that have been victims of abuse and gender-based violence are provided with protection and support, and are considered to carry particular reasons which should grant them asylum or permanent residence permit based on humanitarian reasons, including for migrant women that are exploited in the prostitution industry;

Amendment 54 #

Motion for a resolution
Paragraph 7 b (new)

7b. Calls on Member States to effectively implement the UN Committee on Migrant Workers General Comment No.2 on the Rights of Migrant workers in an Irregular Situation and members of their Families, particularly in relation to ensuring protection from violence and exploitation for women undocumented workers;

Amendment 55 #

Motion for a resolution
Paragraph 8 a (new)

8a. Underlines the importance of collecting data on the specific experiences of undocumented women, and strongly underlines the need for reliable, exact, timely and comparable data on the gender-related vulnerabilities of undocumented women and their lack of access to justice and services in the European Union to assist in the development and management of coherent public policies;

Amendment 56 #

Motion for a resolution
Paragraph 9 a (new)

9a. Underlines the fact that the detection policies of immigration enforcement policies must never undermine human dignity and fundamental rights or place women in an environment of increased risk of violence and abuse; therefore calls on the European Commission to amend the Returns Directive in order to ensure respect for human rights of irregular migrants, especially that of pregnant women and children;

Amendment 57 #

Motion for a resolution
Paragraph 10

Amendment 58 #

Motion for a resolution
Paragraph 10

10. Recalls that in accordance with the Returns Directive, Member States are under an obligation to treat third-country nationals in detention centres in a ‘humane and dignified manner’ which fully respects the detainees' basic human rights; calls, therefore, on the Member States to investigate any claims of physical abuse directed at detainees, and considering guidance from the Committee on the Rights of the Child, calls on Member States to completely and expeditiously cease the detention of children on the basis of their immigration status, and always using the least restrictive means necessary, adopt alternatives to detention that allow children to remain with family members and/or guardians if they are present in the transit and/or destination countries and be accommodated as a family in non-custodial, community-based contexts while their immigration status is being resolved;

Amendment 59 #

Motion for a resolution
Paragraph 10 a (new)

10а. Urges the Member States to take account of any signs that undocumented migrant women are being subjected to coercion or inhuman treatment;

Amendment 6 #

Motion for a resolution
Citation 13 a (new)

13a. having regard to European Union Agency for Fundamental Rights 2011 report "Fundamental Rights of Migrants in an Irregular Situation in the European Union",

Amendment 60 #

Motion for a resolution
Paragraph 11

11. Calls on the Member States to strengthen their collaboration with NGOs and civil society organisations working on this issue in order to find alternatives to detention centres and to work to ensure that undocumented women migrants need not be afraid to interact with the people who should be providing them with support;

Amendment 61 #

Motion for a resolution
Paragraph 11 a (new)

11a. Calls on Member States to completely and expeditiously cease the detention of children on the basis of their immigration status, and always using the least restrictive means necessary, adopt alternatives to detention that allow children to remain with family members and/or guardians if they are present in the transit and/or destination countries and be accommodated as a family in non- custodial, community-based contexts while their immigration status is being resolved;

Amendment 62 #

Motion for a resolution
Paragraph 11 b (new)

11b. Calls on the Commission to ensure that the standards established by the United Nations Convention on the Rights of the Child (UNCRC) remain the heart of any action on child rights and therefore, undocumented children and girls living with their families or caregivers should be entitled to their rights as children and be protected from violations within migration policies and procedures, including immigration detention and restrictions on access to services, protection and justice;.

Amendment 63 #

Marina YANNAKOUDAKIS

Motion for a resolution
Paragraph 12

12. ~~Calls on the EU and its Member States to provide funding avenues for organisations offering legal, humanitarian and social assistance~~Stresses that Member States have ultimate competency within their borders to decide on what assistance may or may not be required to undocumented women migrants;

Amendment 64 #

Motion for a resolution
Paragraph 12

12. Calls on the EU and its Member States to provide funding avenues ~~for~~and remove barriers for funding organisations offering legal, humanitarian and social assistance to undocumented women migrants; and to extend the scope of the European Social Fund and the European Integration Fund to include all migrants, irrespective of their residence status;

Amendment 65 #

Motion for a resolution
Paragraph 12

12. Calls on the EU and its Member States to provide funding avenues for organisations offering legal, humanitarian and social assistance to undocumented women migrants, and to extend the scope of the European Social Fund and the European Integration Fund to include all migrants, irrespective of their residence status;

Amendment 66 #

Motion for a resolution
Paragraph 12 a (new)

12a. Calls on the European Commission and the Member States to develop EU- wide awareness campaigns to educate undocumented migrant women on their rights;

Amendment 67 #

Motion for a resolution
Paragraph 12 a (new)

12a. Calls on the EU and its Member States to insist upon correct terminology with regard to migration policy and refrain from using hostile terminology that depicts individuals as "illegal";

Amendment 68 #

Motion for a resolution
Paragraph 12 a (new)

12a. Calls on Member States to ratify the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, recognising the human rights of migrant workers and promoting their access to justice as well as to humane and lawful working and living conditions;

Amendment 69 #

Motion for a resolution
Paragraph 12 b (new)

12b. Calls on the EU and its Member States to insist upon correct terminology with regard to migration policy and refrain from using hostile terminology that depicts individuals as "illegal", which contributes to the negative discourses on migration and wrongly legitimates the discourse of criminalization of migration, contributing to the further alienation, discrimination and marginalization of undocumented migrants;

Amendment 7 #

Motion for a resolution
Citation 14 a (new)

14a. having regard to European Union Agency for Fundamental Rights 2012 guidelines on "Apprehension of migrants in an irregular situation – fundamental rights considerations",

Amendment 8 #

Motion for a resolution
Citation 16 a (new)

16a. having regard to the European Agency for Fundamental Rights 2011 comparative report on "Fundamental Rights of Migrants in an irregular Situation in the European Union",

Amendment 9 #