Immigration and right of asylum
A4-0034/98
Immigration and right of asylum
having regard to the Universal Declaration of Human Rights,
having regard to the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and
Cultural Rights of 19 December 1966 and the protocols thereto,
having regard to the United Nations Convention on the Elimination
of all Forms of Racial Discrimination,
having regard to the United Nations Convention on the Elimination
of all Forms of Discrimination against Women,
having regard to the 1989 United Nations Convention on the Rights
of the Child,
having regard to the 1951 Geneva Convention on the Status of
Refugees and the protocols thereto, as well as to the recommendations
of the UNHCR,
having regard to the convention concerning Migrations in Abusive
Conditions and the Promotion of Equality of Opportunity and Treatment
of Migrant Workers,
having regard to the fundamental human rights guaranteed by Member
States' constitutional arrangements and by the European Convention
for the Protection of Human Rights and Fundamental Freedoms and
the protocols thereto,
having regard to the European Convention for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment (1987),
having regard to opinion 2/94 of the Court of Justice of the
European Communities of 28 March 1996 (accession by the Community
to the European Convention for the Protection of Human Rights
and Fundamental Freedoms),
having regard to the Community Charter of Fundamental Social
Rights,
having regard to the fundamental principles of international
and European law relating to human rights,
having regard to the case law of the European Court of Human
Rights,
having regard to the Treaty establishing the European Community,
having regard to the Treaty on European Union,
having regard to its resolution of 12 April 1989 on the Declaration
of Fundamental Rights and Freedoms (1) ,
having regard to its resolution of 9 July 1991 on human rights(2)
,
having regard to its resolution of 12 March 1992 on the death
penalty(3) ,
having regard to its resolution of 18 July 1992 on the European
Charter of Rights of the Child(4) ,
having regard to its resolution of 11 March 1993 on respect for
human rights in the European Community(5) ,
having regard to its resolution of 19 January 1994 on conscientious
objection in the Member States of the European Community(6) ,
having regard to its resolution of 8 February 1994 on equal rights
for homosexuals and lesbians in the European Community(7) ,
having regard to its resolution of 27 April 1995 on racism, xenophobia
and anti-semitism(8) ,
having regard to its resolution of 18 January 1996 on trafficking
in human beings(9) ,
having regard to its resolution of 18 January 1996 on degrading
conditions in prisons in the European Union(10) ,
having regard to its resolution of 29 February 1996 on sects
in Europe(11) ,
having regard to its resolution of 9 May 1996 on the communication
from the Commission on racism, xenophobia and anti-Semitism(12)
,
having regard to its opinion of 9 May 1996 on the proposal for
a Council decision designating 1997 'European year against racism'(13)
,
having regard to its resolution of 17 September 1996 on human
rights in the Union (1994)(14) ,
having regard to its resolution of 12 December 1996 on the protection
of minors in the EU(15) ,
having regard to its resolution of 8 April 1997 on respect for
human rights in the European Union (1995)(16) ,
having regard to its resolution of 16 September 1997 on the need
to establish a European Union-wide campaign for zero tolerance
of violence against women(17) ,
having regard to its resolution of 6 November 1997 on combating
child sex tourism and reinforcing the prevention of the sexual
abuse and exploitation of children(18) ,
having regard to the following petitions:
(a) 10/96 by Mrs Loretta Grego-Burkhardt (German) on behalf of
Mr Garruba (Italian) on his imminent deportation from Germany,
(b) 11/96 by Mr Karl-Werner Siebler (German) on problems concerning
his application for a residence permit in France,
(c) petition no. 176/96 by Mr Herber Perdigon (French) on sexual
discrimination,
(d) 233/96 by Mr Beyler Yilmaz (Turkish) on the hostility shown
by many Europeans towards Turkish citizens,
(e) 264/96 by Mr Yassine Khlifi (Tunisian) on his application
for political refugee status,
(f) 328/96 by Mrs Rhoda Bull (British) on the principle of equal
pay for equal work,
(g) 342/96 by Mr Mario Presa (Italian) on the release of Greek
conscientious objectors,
(h) 393/96 by Mrs Rosemarie Kositzki (German), on behalf of the
Christian Democratic Working Party on the possible expulsion of
a gypsy family from Germany,
having regard to the motion for a resolution tabled by Mr Cushnahan
on human rights violations in the United Kingdom and Ireland (B4-0267/97),
having regard to Rule 148 of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties
and Internal Affairs and the opinions of the Committee on Employment
and Social Affairs and the Committee on Women's Rights (A4-0034/98),
A. whereas respect for human rights is a fundamental principle
in respect of which no derogation should be allowed in the Member
States since it is guaranteed by means of democratic, pluralist
political systems with effective parliamentary institutions and
independent legal systems,
B. whereas human rights are indivisible and interdependent, and
whereas the case law of the European Court of Human Rights recognizes
economic and social rights as fundamental rights pursuant to the
European Convention on Human Rights,
C. noting the relevant resolutions adopted by the Council of
Europe and the proposals made by non-governmental organizations
aimed at protecting and respecting human rights,
D. concerned that, in 1996, certain situations have arisen in
some of the Member States which, to a varying degree, may be regarded
as being in conflict with respect for human rights,
E. whereas it is incumbent upon the Member States to ensure that
the rights of all persons present on the territory of the European
Union are respected and protected, regardless of the ethnic origin,
sex, nationality, religion, sexual orientation, age or disability
of those concerned,
1. Insists on the need to ensure full respect for human rights
in all the Member States, a move which will incidentally enhance
the European Union's credibility when it requires that human rights
be respected in its cooperation agreements with third countries;
2. Points out that human rights are the natural rights of each
individual and are thus not tied to any obligations or preconditions;
3. Considers that it has a duty, as a democratically elected
Community institution, to ensure that fundamental rights and freedoms
are defended and promoted within the European Union;
4. Reaffirms its wish that the European Union should accede to
the European Convention on Human Rights;
5. Calls on the Member States which have not yet done so to provide
in their legislation for the total abolition of the death penalty,
even for exceptional crimes; calls on Member States to sign and
ratify the international texts on the abolition of the death penalty,
in particular Protocol No 6 to the European Convention for the
Protection of Human Rights and Fundamental Freedoms and Optional
Protocol No 2 to the International Covenant on Civil and Political
Rights;
6. Proposes that an item entitled 'Human rights in the European
Union' be systematically entered on the agenda of the urgent debates
in plenary sittings, under the same procedure as human rights
outside the European Union, and that the subjects be selected
by the Committee on Civil Liberties and Internal Affairs;
7. Calls on the governments of the Member States to set up in
each country a consultative committee on human rights involving
humanitarian organizations which will be charged with submitting
an annual report on the development of the human rights situation;
8. Reiterates that freedom of thought, conscience and religion
and freedom of association constitute basic rights for Union citizens;
Immigration and right of asylum
9. Deplores the exclusively repressive nature of many of the
recommendations, declarations and resolutions which have been
adopted or are currently being drawn up at Community level, notably
as regards immigration, the right of asylum, family reunions and
the concept of refugee;
10. Condemns the fact that no Member State has yet ratified the
International Convention for the protection of the rights of migrant
workers and their families adopted by the UN General Assembly
on 18 December 1990; urges the Member States to initiate the signing
and ratification procedures;
11. Notes the process of regularizing the position of illegal
immigrants under way in certain Member States; urges all the Member
States to follow this example and to regularize the position of
illegal immigrants, in keeping with human rights and the international
conventions on this subject;
12. Calls on the Member States to guarantee that, in all cases
of applications for regularization by immigrants rejected at first
instance, an appeal has suspensory effect;
13. Demands that immigrants from outside the Community should
enjoy the same economic and social rights and be granted the same
civil, cultural and political rights, and notably that those residing
for a period of over five years in a Member State be entitled
to vote in local elections in accordance with the Convention of
the Council of Europe; points out that the dignity of the individual
is sacrosanct and that inviolable and inalienable human rights
form the basis of any human society and are fundamental to peace
and justice in the world and must apply without restriction to
all people on the territory of the European Union;
14. Demands that the right to live in a family unit be fully
recognized, which implies that all persons residing or living
in a Member State should be able to be joined by their families;
15. Calls once again on the Member States to introduce a special
procedure commensurate with the age of the persons concerned to
examine the reasons why under-age asylum-seekers have fled their
own countries, to grant them a secure right of residence, to guarantee
them care and to make it possible for them to be reunited with
their families, regardless of the recognition of their eligibility
for asylum;
16. Acknowledges that the rules governing nationality are a matter
for Member States and can be based, as a matter of principle,
both on “jus sanguinis” and “jus
soli”; reiterates that the exercise of civic rights
should be linked to the acquisition of nationality; calls on Member
States to enable third-country nationals who have secured the
right of long-term residence and intend to remain in the EU to
acquire nationality;
17. Considers that the expulsion by certain Member States of
non-Community residents who have been sentenced and have completed
their sentences amounts to punishing a person twice for the same
crime; calls on the Member States to eliminate any possibility
of this practice;
18. Criticizes the fact that the reasons for the imprisonment
of asylumseekers often fail to meet international standards; condemns
the deplorable conditions under which asylum-seekers are kept
while awaiting the outcome of their applications; instructs its
Committee on Civil Liberties and Internal Affairs to draw up a
specific report on this question and to organize visits to the
centres where asylum-seekers are held; demands that the Member
States take immediate measures to improve the food and hygiene
situation of asylum-seekers and to ensure that they are treated
humanely;
19. Demands that female asylum-seekers and migrant workers enjoy
their own rights, independently of their marital status; condemns
the discrimination suffered by unmarried women and men as regards
the recognition of their rights;
20. Demands that no foreigner who has been diagnosed as suffering
from a serious illness, or the parents or tutors of such a person
if he is a minor or dependant, should be expelled or deported;
21. Condemns the persistent violation by the Council of Article
7a of the EC Treaty which provided for the introduction of freedom
of movement for individuals and the abolition of internal borders
on 31 December 1992;
22. Calls on the Member States not to impose fresh restrictions
on the entry and residence of foreigners and to establish safeguards
in keeping with human rights to ensure that asylumseekers are
fairly treated;
23. Calls on the Member States to honour in full their obligations
under the Geneva Convention of 28 July 1951 on the status of refugees
and the New York protocol thereto of 21 January 1967; calls on
the Member States to comply to the letter with the principles
laid down by the Executive Committee of the Office of the High
Commissioner for Refugees;
24. Deplores the fact that the notion of 'safe third countries'
does not always guarantee real protection for asylum seekers who
may be sent back to a country in which they have been the victims
of human rights violations or in which they are at risk; calls
on the Member States to guarantee that appeals result in the suspension
of the procedure in question;
25. Calls on the Council and the Member States to grant right
of access to the asylum procedure to the victims of persecution
carried out against a background of widespread internal violence;
26. Considers that the penalties imposed on carriers of asylum-seekers
and the introduction of a visa requirement for the latter constitute
unacceptable barriers for access to the asylum procedure;
27. Condemns the mass deportation of foreigners which is prohibited
by the European Convention on Human Rights;
28. Considers that there should be no recurrence of secret mass
deportations and expulsions involving the prior administration
of drugs to those expelled, whether some of the latter are sent
back to their countries of origin in which a state of war prevails
or whether they are sent to countries other than their country
of origin without there being any war to justify such a course
of action;
29. Is alarmed at the tendency of the Member States to replace
the recognition of a genuine refugee status, in accordance with
the Geneva Convention, with a precarious and temporary form of
protection, which varies considerably from one Member State to
another; regrets that the harmonized definition of refugee adopted
by the Council excludes persons who are the victims of sexual
violence and persons persecuted in their own country, even if
the persecution is not carried out by the state authorities; affirms
that such persons must be able to find protection in the European
Union that complies with the international commitments of the
Member States;
30. Considers it necessary to step up the struggle against clandestine
immigration and the networks and traffickers involved and to combat
moonlighting; the penalties for this offence should be stringent
enough to act as a deterrent;
31. Draws the attention of the Schengen member states to the
judgment of the European Court of Human Rights concerning Article
3 of the European Convention on Human Rights and calls on them
not to deport illegal immigrants and refugees back to a state
in which they face torture or other inhumane or degrading treatment,
or if there is good reason to believe that the deportees will
face such treatment, and not to conclude agreements on the return
of refugees with such states;
32. Calls on the Council, the Commission and the Member States
to implement the recommendations of the Copenhagen Social Summit
and to reinforce the policies of cooperation with developing countries
in order to address the structural and cyclical causes of immigration;
Measures to combat racism and xenophobia
33. Reiterates its condemnation of all forms of racism, xenophobia
and antiSemitism, acts of racist violence and racist discrimination
as regards access to employment, vocational training, housing,
schooling, health and access to social services;
34. Is alarmed at the rise in racist and xenophobic ideas in
political circles, in public opinion, in society at large and
in undertakings;
35. Welcomes the inclusion of anti-discrimination clauses in
the Community instruments and the decision of 23 July 1996 to
designate 1997 'European Year against Racism', but considers that
much remains to be done at national and Community levels to prevent
and combat racism;
36. Calls on the Member States to adopt or reinforce anti-racist
laws by basing them on the principle that 'racism is a crime'
whether it involves acts, declarations or the dissemination of
slogans; these laws should contain penal, civil and administrative
measures like those already in force in Austria, Belgium, France,
the Netherlands, Spain, Sweden and the United Kingdom;
37. Recommends that the Member States set up an independent body
charged with combating racism, notably in implementing legislation,
as exists in Belgium, the Netherlands, the United Nations and
Sweden, since the situation on the ground is very frequently unsatisfactory,
even where the legislative framework is sound;
38. Calls on the Member States to take measures to combat the
expression of racist ideas and racist behaviour on the part of
any authority and to set up training programmes for police and
judiciary officials (understanding and awareness of foreign cultures,
the prevention of racist behaviour, education to promote tolerance)
especially for those who deal with immigrants at borders;
39. Insists that information and education campaigns be conducted
on a permanent basis, notably in schools and in the media, to
combat racism, to promote tolerance and to make people aware of
the positive contribution made by foreigners to the economy and
culture of Europe;
40. Takes the view that authorities should preferably help fight
racism and its causes by supporting initiatives by social organizations,
including those formed by groups suffering discrimination, so
that efforts to improve the capacity to combat, and measures to
curb, racism and xenophobia are based on input from different
perspectives and spheres of responsibility;
41. Proposes that 21 March be designated European Day for Combating
Racism and that practical initiatives be taken in all Member States
and at Community level with the participation of anti-racist organizations;
42. Calls on the Commission to set up a media prize against racism,
to be awarded on 21 March every year;
43. Condemns the political leaders who stoke the fires of racism
and xenophobia and calls on the political parties to suppress
all racist propaganda in their electoral programmes;
44. Instructs its Committee on the Rules of Procedure, the Verification
of Credentials and Immunities to propose that the President be
empowered to take disciplinary action in response to racist remarks
made by Members of the European Parliament during its official
meetings;
Economic and social rights
45. Calls on the Member States to avoid violations of the European
Convention on Human Rights, notably in the social sphere, and,
where the European Court of Human Rights detects violations, to
eliminate them by adapting the relevant national legislation;
reiterates the case law of the European Court of Human Rights
which recognizes social and economic rights as fundamental human
rights;
46. Considers that economic, social, trade union and cultural
rights should be respected and that the right to work, housing,
education, social protection and culture in particular should
be recognized as fundamental rights;
47. Urges the Council, the Commission and the Court of Justice
of the European Communities to devote special attention, in their
own decisions, to the above mentioned Declaration of fundamental
rights and freedoms adopted by the European Parliament on 12 April
1989 concerning, in particular, the safeguarding of the individual's
social and economic rights, and the legal character of the obligations
imposed on the Member States, ultimately in their own legislation,
by social and economic rights, and taking into account the provisions
of international human rights agreements;
48. Deplores the extent of poverty in Europe and the worsening
situation as regards unemployment, precarious employment and inequality,
despite the action undertaken to combat poverty at national and
Community level; considers it necessary to avoid any action which
could harm activities of private-sector firms which could create
jobs and resources to help them grow;
49. Considers that the process of impoverishment and precarious
employment conditions which increasingly affects young people
has structural causes which are directly linked to the functioning
of the economy, the absence of equitable taxation able to promote
a redistribution of the available resources and the absence of
social protection;
50. Takes the view that poverty and exclusion are unworthy of
a democratic and rich society, and considers unacceptable the
fact that more than 52 million people in the European Union live
in poverty; invites the Council, Commission and the Member States
to make the struggle against social exclusion and poverty a political
priority, and with the participation of NGOs concerned develop
coherent holistic policies to combat the phenomena; calls on the
Council to adopt the Poverty IV programme without delay; believes
that an increased amount of the EU budget should be devoted to
the fight against social exclusion and to promote inclusion, particularly
by supporting pilot projects in the "third system";
51. Considers that, in order to satisfy the fundamental needs
of citizens, the economic and social policies implemented at national
and Community levels should seek to boost business competitiveness
and labour market flexibility, both of which help to meet the
needs stemming from the globalization of markets and the worrying
increase in unemployment in Europe;
52. Urges the Member States to take decisive action in the following
fields: the right to work, the right to social security, the right
to protection against poverty and social exclusion, the right
to housing and other social rights;
53. Points out that in order to combat the spread of poverty
and exclusion, it is necessary to foster individual freedom of
enterprise and create new jobs;
54. Advocates the drawing up at Community level of instruments
laying down minimum guarantees in respect of income, social protection,
and the right to medical treatment and housing as an essential
prerequisite for ensuring a quality of life consistent with human
dignity;
55. Calls on the Member States to comply immediately with the
recommendations of the Committee of Ministers of the Council of
Europe, particularly as regards the following areas contained
in the European Social Charter: 'ban on forced labour', 'freedom
of association' and 'the right to strike';
56. Reiterates the importance of the findings of the Committee
of the Wise chaired by Maria de Lourdes Pintasilgo, its in-depth
analysis and proposals regarding the scope of fundamental rights;
57. Calls on the Member States, in close cooperation with the
humanitarian associations to adopt and implement laws to prevent
and combat exclusion concerning in particular access to employment,
health, social benefits, housing, education and justice;
58. Deplores the failure to adopt the programme for combating
poverty and reiterates its demand to the Council that it be rapidly
adopted;
59. Condemns those municipal authorities which have banned begging
on their territory;
60. Condemns the slavery-like conditions under which maids, often
of foreign origin, are kept by their employers who take advantage
of their financial dependence and social vulnerability to refuse
to recognize their rights and to lock them up and abuse them;
61. Calls on the Member States to implement a European legal
framework to guarantee access to employment for people with disabilities;
62. Calls on the Member States to respect all the recommendations
and conventions of the ILO, and in particular convention 111 on
non-discrimination as regards labour, Convention 138 on child
labour and Convention 87 on trade union freedom and to implement
all the provisions of the Council of Europe's revamped social
charter;
63. Condemns the numerous violations of trade union freedoms
and the rights of trade union delegates in many Member States
and demands that these violations should cease and that trade
union freedom be recognized as a fundamental right in all Member
States;
64. Notes the solution which has been found for the Liverpool
dockers who had been sacked and salutes their determination; calls
more generally on the United Kingdom Government to take initiatives
to abolish the restrictions on the right to strike;
Equal rights and non-discrimination
65. Welcomes the inclusion in Community instruments of non-discrimination
clauses which provide for a ban on all forms of discrimination;
66. Considers that its above-mentioned resolution of 8 February
1994 on homosexuals has led to improvements in many Member States
and at Community level;
67. Calls on all Member States to recognize equal rights for
homosexuals, notably through the establishment, where they do
not already exist, of civil union contracts aimed at eliminating
all forms of discrimination still suffered by homosexuals, in
particular as regards tax, inheritance, social rights, etc, and,
through information and education, to help combat the prejudice
to which they are subject in society;
68. Calls for the Staff Regulations of officials and other servants
of the European Communities to be amended without delay so as
to guarantee nonmarried partners the same rights as those granted
to spouses;
69. Calls once more on the Austrian Government to abrogate its
antihomosexual laws, and notably the discriminatory provision
regarding the minimum legal age for sexual consent;
70. Is critical of the fact that Council of Europe texts on ethnic
groups and minorities (the Framework Convention and Minority Languages
Charter) have still to be ratified by almost all EU Member States
and that Parliament's call in its resolution of 13 March 1996
embodying (i) Parliament' s opinion on the convening of the Intergovernmental
Conference, and (ii) an evaluation of the work of the Reflection
Group and a definition of the political priorities of the European
Parliament with a view to the Intergovernmental Conference(19)
for active support for linguistic minorities in the EU has not
yet been taken up by the Council, the IGC or the Member States,
so that the rights of ethnic and linguistic minorities living
in many Member States remain unprotected or are protected only
at regional or national level;
71. Stresses that nobody must be disadvantaged by virtue of belonging
to an ethnic or linguistic minority and that specific support
for minorities against assimilation pressures exerted by majority
groups does not violate but, on the contrary, helps uphold the
principle of equality;
72. Calls on the Member States to recognize the specific situation
of traveller minorities (Sinti and Roma), to respect their culture,
ensure their protection, refrain from all discrimination and combat
the prejudices against them; demands that all municipalities comply
with the legal obligation to provide special centres for traveller
population groups and calls on the Member States to ensure that
these obligations are honoured, or to make provision for them
in their legislation;
73. Notes that handicapped people continue to suffer discrimination
in society at large and at work; calls on the Member States to
adopt legislative measures aimed at improving the daily life of
the handicapped and promoting their employment prospects and their
entry into the world of employment;
74. Recalls that the UN Conference on Human Rights in Vienna
in 1993 established that women's rights are an inalienable, integral
and indivisible part of universal human rights.
75. Calls on Member States to implement in full their obligations
under the Convention on the Elimination of all forms of Discrimination
Against Women (CEDAW) and to withdraw any remaining reservations
which are incompatible with the purpose of the Convention; calls
on Member States to agree and ratify the proposed optional protocol
to CEDAW, which would give individuals and groups the right to
pursue a complaint under the Convention;
76. Calls on the EU to join the European Convention on Human
Rights and to support the resolution adopted by the Parliamentary
Assembly of the Council of Europe adopting a further protocol
to the European Convention on Human Rights dealing with women's
rights;
77. Regrets that in their reports on implementation of the Beijing
Platform for Action, and in their periodic reports to the CEDAW
committee, Member States see human rights as predominantly an
issue for development cooperation policy, thus giving low priority
to violations of women's rights within the EU;
78. Notes that, despite certain improvements, women still suffer
from discrimination and are still not treated with real equality,
notably as regards their salary levels;
79. Calls on the Member States to take adequate measures to promote
equality of treatment and opportunity for women and to ensure
their effective and equitable participation in public life and
the decision-taking process in all spheres;
80. Calls on the Member States to promote the principle of democratic
parity, since human rights will be better guaranteed if there
is equal participation by men and women in decision-making bodies;
81. Restates its conviction that positive action is essential
for putting an end to discriminiation and allowing women to exercise
their economic and social rights to the full;
82. Urges Member States to include persecution based on sex among
the criteria for admission to the EU for those from certain countries
seeking asylum; further urges Member States to accord temporary
residence status to women who have been victims of trafficking
from a third country prior to a final decision on whether they
should be permitted to stay in the Member State concerned;
83. Deplores the fact that in Ireland the law bans all information
or expression of opinion in favour of the voluntary termination
of pregnancy and is alarmed at the militancy of anti-abortionist
activists in France; demands that access to information on the
voluntary termination of pregnancy be ensured in all Member States
and the role of associations recognized;
84. Calls on the Member States to ensure that all women in trouble
are offered material, psychological and moral support enabling
them to opt for life;
85. Calls on the Member States to combat all sexism in the media,
advertising and in school textbooks, by putting an end to the
inequality of treatment between men and women and giving women
positive role models;
86. Is concerned at the spread of trafficking in women in the
European Union, notably from the states of Central and Eastern
Europe, and wishes that the agreements concluded at European level
be reinforced to combat this practice more effectively;
87. Calls on the Commission and the Member States to support
the proposal to designate 1999 as the European Year Against Violence
to Women in order to highlight the prevalence of this most fundamental
violation of women's rights which cuts across all social strata
and involves incalculable costs not only to the women affected
but to society as a whole;
88. Condemns outright the practice of female genital mutilation
and calls on Member States to support information campaigns on
the subject, where possible in co-operation with the countries
concerned, to cultivate greater awareness among members of these
ethnic communities with a view to breaking down the existing traditions,
and to take every step both to render punishable and to prosecute
those who carry out the operation and to protect the girls and
women concerned, whether they are forced to undergo the operation
in a Member State or sent to a third country;
89. Urges the Member States to revise any existing rules which
permit forced sterilization, and calls for a moratorium on forced
sterilization until such a revision has been completed;
90. Calls on the Member States and the Council to lay down measures
to protect prostitutes and shield them from all exploitation and
violence and to encourage their reintegration into society and
working life;
91. Confirms that children's rights are human rights and calls
on the institutions of the European Union and of the Member States
to work to achieve the objectives of the UN Convention on the
Rights of the Child and to make them accessible to a wide audience;
92. Deplores the fact that, despite the adoption of a specific
directive on this matter, children continue to work in certain
Member States; demands that the ban on child labour be respected
forthwith throughout the European Union;
93. Demands that non-European pupils on school trips in another
Member State should enjoy complete freedom of movement in all
Member States;
94. Welcomes the measures taken or currently being drawn up at
national and Community level aimed at combating pornography and
prostitution involving children and trafficking in children;
95. Calls on the Member States to take legislative measures to
enable them to prosecute on their territory the perpetrators of
sexual abuse against children committed in third countries;
96. Proposes that 20 November each year be designated European
Day for Children's Rights in order to alert public opinion to
this matter and to allow children to express themselves and give
their opinions on how their rights are being respected;
97. Notes once again that a child's right to grow up in a secure
environment could be put at risk if the right to divorce did not
exist or were bound up with rules, e.g. on the apportionment of
blame, which could adversely affect the child's relationship with
one of its parents;
98. Calls once again on the Member States to strengthen the incentives
which help to prevent and eliminate the serious neglect of children;
99. Calls on all Member States to criminalize all physical violence
against children and to ensure that such legislation is, where
necessary, complied with;
The situation of prisoners and persons under arrest
100. Calls for the banning and punishment of all forms of inhuman
or degrading treatment and torture; is still concerned that detention
continues to be regarded exclusively as a form of punishment and
not as a means of re-adapting and rehabilitating prisoners with
a view to their subsequent reintegration into society, as laid
down in international human rights conventions and virtually all
Member States' constitutions;
101. Expresses its surprise at the fact that members of the security
forces responsible for such ill treatment which is often racially
motivated receive very light sentences or see the prosecution
cases against them abandoned; urges the Member States to apply
legal and procedural measures more rigorously in order to ensure
that those responsible for torture or inhuman or degrading treatment
are duly punished;
102. Calls on the Member States to consider impunity tantamount
to protecting the perpetrators and such ill-treatment a grave
criminal offence whose perpetrators must be severely punished
and to take adequate measures in order effectively to prevent
the use of violence against remand prisoners and prisoners who
have been sentenced;
103. Is critical generally of the excessively long periods for
which detainees are held on remand and condemns the discrimination
suffered by those who are not nationals of a Member State and
are detained on remand for longer periods;
104. Is alarmed at the deterioration of the conditions of life
in prisons, notably owing to overcrowding; calls on the Member
States to ensure that human dignity is respected in prison, as
regards the material conditions, medical care, home leave, access
to work and cultural or sporting activities and the strict compliance
with the prison rules adopted by the Council of Europe; points
out that one of the objectives of penitentiary law is to rehabilitate
those who have been deprived of their freedom with a view to reintegrating
them into society, and therefore urges the Member States to devote
maximum attention to living conditions in prisons and to respect
for the dignity and the fundamental rights of prisoners;
105. Calls on the Member States to set up family visit units
in prisons and for these to be exempt from surveillance, so that
families can maintain links with imprisoned family members, in
decent conditions; calls on the Member States to improve access
to health care and education in prisons and to develop sports
facilities; calls for more flexible arrangements to be introduced
for imprisoned mothers, for everything possible to be done to
ensure that children who grow up in prison with a parent who is
an inmate suffer as little as possible as a result;
106. Calls on the Member States wherever possible, but subject
to the need to protect society from dangerous criminals, to apply
alternatives to imprisonment, in particular by introducing administrative
and/or financial penalties for minor offences, encouraging alternative
punishments such as community service, establishing open or semi-open
prisons and granting conditional discharge;
107. Desires that special attention be devoted to certain, particularly
vulnerable groups of prisoners, namely women, immigrants, ethnic
minorities and homosexuals; urges the Member States, pursuant
to the principle of rehabilitating prisoners, to take the necessary
action to ensure that people held in prison are treated as individuals,
with due regard to each one's particular circumstances;
108. Calls on the Member States to give the rehabilitation and
education of minors who offend precedence over their imprisonment,
to adapt prison sentences to the needs of those minors and never
to impose normal prison sentences on children under 16 years of
age;
109. Calls for sex offenders to be held in preventive detention
if the danger that they will repeat their crimes cannot
be entirely ruled out and all medical and psychological prognoses
are negative;
111. Calls on the Member States to provide adequate training
for members of the police and prison services, in particular specific
training as regards drug abuse and AIDS;
Freedom of information, expression and creation
112. Reaffirms the right of all persons to freedom of expression,
of which freedom of the press and the right to information are
integral parts;
113. Calls on the Commission systematically to take into account
the impact of Community policies on culture;
114. Calls on the Member States to recognize and promote regional
languages and cultures, notably in teaching and in the media,
so as to respect the Convention of the Council of Europe;
115. Condemns all forms of cultural censorship and any attack
on freedom of expression and creation, although such freedom must
not become a pretext for inciting hatred in any form;
116. Calls on the Member States which have not yet done so to
sign and ratify the European Charter on regional or minority languages;
117. Condemns the attempts by some leaders of local authorities
who, for ideological reasons or reasons of political allegiance,
prevent cultural events taking place in which artists who do not
share their political views are to take part or remove from public
libraries certain newspapers, magazines or works which are considered
not to be in keeping with their political convictions;
118. Calls on the Member States and the Council to consider as
an offence any incitement to xenophobic hatred and any expression
of racist or revisionist opinion disseminated through the traditional
media, publishing or the Internet;
119. Calls on the Council, the Commission and the Member States
to improve the access of journalists and the public to information
concerning national and Community administrations in order to
guarantee freedom of expression and the right to information;
120. Calls for rules to be adopted which are common to the Commission,
the Council and Parliament and guarantee the public's and journalists'
right of access to Community documents;
121. Calls on the Commission rapidly to submit to the European
Parliament a directive on combating media concentration in order
to guarantee pluralism of information, as advocated by the high-level
group of experts set up as part of the Information Society;
Political rights
122. Regrets that Belgium and France have not yet transposed
Directive 94/80/EC laying down detailed arrangements for the exercise
of the right to vote and to stand as a candidate in municipal
elections by citizens of the Union residing in a Member State
of which they are not nationals(20) and therefore calls on them
to amend their legislation to comply with the directive;
Individual rights
123. Reminds Member States of their obligation to respect the
right of defence during trials and to respect the rights of persons
who have been arrested or imprisoned, in accordance with the European
Convention on Human Rights;
124. Points out that the European Court of Human Rights has on
several occasions ordered Member States to restore citizens' rights
violated by national judicial systems, in particular because of
the protracted nature of trials and the failure to respect defendants'
rights; calls, therefore, on the Member States to provide for
appropriate measures to prevent dysfunctions of their judicial
systems;
125. Notes the measures taken by Greece to free prisoners of
conscience and to adopt legislation which recognizes the right
of conscientious objection and encourages it to continue its efforts
in that direction;
126. Calls on Greece, therefore,
(a) to release imprisoned conscientious objectors immediately
and treat them in accordance with the new law, which provides
for alternative civilian service,
(b) to exempt those who refused military service prior to the
entry into force of that law from civilian service, either completely
or partly, depending on individual circumstances, as many of them
have already had their freedom restricted,
(c) to grant a full amnesty to all those who refused military
service in the past, and
(d) to grant all conscientious objectors full civil rights, in
particular by giving them the right to a passport, allowing them,
like all other European citizens, to move freely about the EU,
and making acceptable provisions for Greek conscientious objectors
living outside Greece;
127. Calls therefore on all the Member States to respect the
recommendation of the Council of Europe and Resolution 1993/84
of the UN Commission on Human Rights, by fully recognizing conscientious
objection and the option of an alternative non-military service;
all persons presently disadvantaged by the judicial system should
be amnestied and rehabilitated with full civil rights;
128. Condemns the various forms of maltreatment still suffered
by conscripts in European armies; suggests that the national parliaments
concerned should start an inquiry to examine the extent and seriousness
of such abuses;
129. Reiterates its condemnation of the reference to religion
on identity cards, since this is a violation of the private lives
of individuals and may result in discrimination;
130. Is alarmed at the link up of data processing systems which
do not always respect the rules governing the protection of private
life and personal data;
131. Is alarmed at possible misuses of the Schengen Information
System database which tends to criminalize foreigners; calls for
such databases to be required to respect the right to privacy
and for information which does not comply with the principle of
equal treatment and nondiscrimination to be excluded from them;
132. Calls on all Member States to establish national centres
for the protection of personal data;
133. Condemns the practice of illegal phone-tapping, and calls
on the Member States to adopt legislation which respects the international
conventions on this matter and ensures that a balance is struck
between the need to combat crime and the need to protect fundamental
rights and freedoms;
134. Calls on the Member States to take measures, while respecting
the principles of constitutional law, to combat the violation
of individual rights by certain sects which should be refused
the status of religious or cultural organization under which they
enjoy tax advantages and a certain degree of legal protection;
135. Notes the scale and gravity of attacks on the rule of law,
democracy and human rights by organized crime (particularly terrorism),
owing above all to its links with the world of politics, the economy
and public administration, but also owing to the scale of fraud
and tax evasion;
136. Condemns strongly and unreservedly, therefore, all acts
of violence and threats of violence by terrorists and calls for
such acts to be punished mercilessly throughout the European Union
using all constitutional means;
137. Condemns the murders, mutilations, acts of violence, kidnappings
and extortion perpetrated by terrorist groups and urges the Member
States to continue their close cooperation in the fight against
terrorism and, accordingly, to continue strengthening police and
legal cooperation at European level;
138. Calls, in connection with the punishment of offences, for
more emphasis to be placed, alongside the rehabilitation of offenders,
on atonement for the crimes committed and the protection of citizens
against any repeat of the offence;
139. Calls on the Member States to review the traditional list
of penalties, such as prison sentences, fines or disqualification
from driving, with a view to determining whether it can be expanded
to incorporate modern measures which also have a specific and
general preventive effect;
140. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.