EUROPEAN PARLIAMENT OPINION. Committee on Women's Rights and Equal Opportunities 2001/0207(CNS) 5 June 2002

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1 EUROPEAN PARLIAMT Committee on Women's Rights and Equal Opportunities 2001/0207(CNS) 5 June 2002 OPINION of the Committee on Women's Rights and Equal Opportunities for the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs on the proposal for a Council directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection (COM(2001) 510 C5-0573/ /0207(CNS)) Draftsperson: Olga Zrihen Zaari AD\ doc PE

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3 PROCEDURE The Committee on Women's Rights and Equal Opportunities appointed Olga Zrihen Zaari draftsperson at its meeting of 26 February It considered the draft opinion at its meetings of 21 May 2002 and 4 June At the last meeting it adopted the following amendments by 16 votes to 7. The following were present for the vote: Anna Karamanou, chairperson; Marianne Eriksson, vice-chairperson; Olga Zrihen Zaari, draftsperson; Ilda Figueiredo, Geneviève Fraisse, Fiorella Ghilardotti, Lissy Gröner, María Izquierdo Rojo, Christa Klaß, Rodi Kratsa-Tsagaropoulou, Maria Martens, Emilia Franziska Müller, Amalia Sartori, Miet Smet, Patsy Sörensen, Joke Swiebel, Helena Torres Marques, Feleknas Uca, Elena Valenciano Martínez-Orozco, Lousewies van der Laan, Anne E.M. Van Lancker, Sabine Zissener and Dieter-Lebrecht Koch (for James L.C. Provan pursuant to Rule 153(2)). AD\ doc 3/20 PE

4 SHORT JUSTIFICATION As Europe has developed over the last 50 years or so into an area of freedom, democracy, peace and economic progress, our countries have attracted an increasing number of seekers of asylum and international protection, fleeing situations of crises, war and human rights violations. In the Charter of Fundamental Rights, we have recognised the right of all these people to asylum, on the basis of the implementation of the 1951 Geneva Convention relating to the status of refugees, supplemented by the 1967 New York Protocol. This proposal for a Council directive on minimum standards for qualification as refugees or as persons needing international protection is part of a set of legislative measures aimed at establishing an area of freedom, security and justice in Europe. With a view to establishing greater coherence in the regulations and laws of Member States and defining basic common standards, this proposal for a directive lays down minimum standards relating to the definition and content of refugees status. This harmonisation should not contribute to a more stringent application of standards for granting refugee status. It is essential to move forward and avoid an intolerant fortress Europe attitude towards persecuted and threatened people. In many of the countries from which asylum-seekers come, women s rights are violated. Women are particularly affected by persecution, discrimination and violence. In order to take more specific account of the situation of women and girls, the rapporteur feels that explicit reference must be made as frequently as possible to gender among the reasons for persecution, violence and discrimination. The situation of women should also be taken into account with regard to access to education and training in the host country and, in particular, learning the language of that country. As a result of habit and lack of familiarity with the host country, women s contacts are often limited to members of their community and they tend to have difficulty in integrating. Yet they are at the heart of the family structure and are essential to their children s education. Their training is a key factor in the integration of the family as a whole. Similarly, supervisory staff, interpreters and administration officials who implement this directive must be trained to meet the specific needs of women seeking asylum and to understand what they have been through, without any preconceived ideas. We have also looked closely at the specific situation of minors and unaccompanied minors. The right to education is enshrined in Article 14 of the Charter of Fundamental Rights. In some cases, this basic right of children to schooling would seem to be neglected. It is therefore essential for the children s future, well-being, potential for adjustment and full exercise of their citizens rights that they be provided with an education and/or training appropriate to their needs and standards, whatever their status and place of accommodation. Moreover, unaccompanied minors should, for their own good, be allowed to live with a member of their family. Special centres for minors should only be used as a last resort. PE /20 AD\ doc

5 Minimum standards for the granting of refugee status or international protection must not be considered merely as a means of survival for asylum-seekers. They have a right to the provision of the conditions required for full citizenship, which is indicative of the level of democracy and respect for human rights in the host country. AD\ doc 5/20 PE

6 AMDMTS The Committee on Women's Rights and Equal Opportunities calls on the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report: Text proposed by the Commission 1 Amendments by Parliament Amendment 1 Recital 15 a (new) (15a) In particular, when assessing applications for refugee status, Member States must take account of persecution and/or fears of persecution particular to women on account of their sex. The term social group as defined in Article 1 of the Geneva Convention is not sufficient to confer refugee status on women who are victims of persecution or oppression on account of their sex. It has been found that, on account of their gender and for reasons arising from their being female, women are abused, tortured, subjected to violence and persecution, have their freedom restricted, live under the shadow of alienating and oppressive religious and/or social norms, and risk their lives if they violate them. Such treatment should be regarded as a public issue and should no longer be seen as being in the private domain; it is a political matter. Amendment 2 Recital 16 (16) In particular, it is necessary when assessing applications from minors for international protection that Member States should have regard to child-specific forms of persecution, such as the recruitment of children into armies, trafficking for sex work, and forced labour. (16) In particular, it is necessary when assessing applications from minors, women or girls, for international protection that Member States should have regard to childspecific forms of persecution, such as the recruitment of children into armies, trafficking for sex work, and forced labour, and violence and persecution specific to women and girls, such as prostitution, 1 OJ C 051, , p PE /20 AD\ doc

7 sexual violence and genital mutilation. Women and girls are, by their nature, the main victims of persecution and violence. It is therefore very important to take specific account of women and girls when assessing applications for international protection. Amendment 3 Article 2, paragraph j, subparagraphs (i) and (ii) (j) "Family members" means: (i) the spouse of the applicant or his/her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couples in a way comparable to married couples; (ii) the children of the couple referred to in point (i) or of the applicant alone, on condition that they are unmarried and dependent and without distinction as to whether they were born in or out of wedlock or adopted; (j) "Family members" means, based on the principle of family unity: (i) irrespective of gender, the spouse of the applicant or his/her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried or same-sex couples and married couples in a corresponding manner; (ii) the children of the couple referred to in point (i) or of the applicant alone, on condition that they are dependent and without distinction as to whether they were born in or out of wedlock, adopted or fostered; The concept of family members should be based on the principle of family unity. It should also include unmarried same-sex partners and children fostered by couples.this legislation should use a broad definition of the concept family member, since in today s society there are many different family set-ups, all of which should be treated equally and entail the same rights. Children who are accompanied by an applicant for political asylum are not automatically immune from persecution or reprisals just because they are married. Amendment 4 Article 3, paragraph 1 (new) 1. Member States shall ensure that asylum-seekers are provided with all the necessary information and shall take special care to inform the members of a single family that they may submit AD\ doc 7/20 PE

8 separate applications for asylum. Asylum-seekers should be provided from the start of the procedure with all the information they may require. Members of the same family, and especially women, should also be informed of their rights under the application for asylum and their right to submit an individual application for asylum independently from their spouse. Amendment 5 Article 5, paragraph 1 1. Refugee status shall be granted to any third country national who, owing to wellfounded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, and to any stateless person, who, being outside the country of former habitual residence, is unable or, owing to such fear, is unwilling to return to it. 1. Refugee status shall be granted to any third country national who, owing to wellfounded fear of being persecuted for reasons of race, religion, nationality, gender, sexual orientation, membership of an ethnic group, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, and to any stateless person, who, being outside the country of former habitual residence, is unable or, owing to such fear, is unwilling to return to it. Women are the main victims of persecution, violence and discrimination. An explicit reference to gender should be included in order to take due account of such persecution. It is important that account should be taken of these factors as grounds for a well-founded fear of persecution, and they should therefore be mentioned explicitly. Amendment 6 Article 7, paragraph d (d) the individual position and personal circumstances of the applicant, including factors such as background, gender, age, health and disabilities so as to assess the seriousness of persecution or harm. Where the form of persecution is gender-specific or child-specific, account shall be taken of the fact that persecution, within the meaning of the Geneva Convention, may be (d) the individual position and personal circumstances of the applicant, including factors such as background, gender, age, health and disabilities so as to assess the seriousness of persecution or harm. Where the form of persecution or harm is genderspecific or child-specific, account shall be taken of the fact that persecution or harm, within the meaning of the Geneva PE /20 AD\ doc

9 effected through sexual violence or other gender-specific means; Convention, may be effected through sexual violence or other means directed specifically against women or girls; Girls are also victims of violence specific to their gender, such as female circumcision, prostitution, etc. Unjustified harm may also be gender-specific and should therefore be included in this article. Amendment 7 Article 7, point (e) (e) whether there is credible evidence that laws or regulations are in force and applied in practice in the country of origin which authorise or condone the persecution of the applicant or the infliction upon the applicant of other serious and unjustified harm. (e) whether there is credible evidence that traditions, practices, laws or regulations are in force and applied in practice in the country of origin which authorise or condone the persecution of the applicant or the infliction upon the applicant of other serious and unjustified harm. Traditions and practices may result in serious and unjustified harm, particularly in the case of gender-specific harmful traditions and practices. (a) the infliction of serious and unjustified harm or discrimination on the grounds of race, religion, nationality, political opinion or membership of a particular social group, sufficiently serious by its nature or repetition as to constitute a significant risk to the applicant s life, freedom or security or to preclude the applicant from living in his or her country of origin; Amendment 8 Article 11, paragraph 1, point (a) (a) the infliction of serious and unjustified physical or psychological harm or discrimination on the grounds of race, religion, nationality, sex, sexual orientation, membership of an ethnic group, political opinion or membership of a particular social group, sufficiently serious by its nature or repetition as to constitute a significant risk to the applicant s life, physical integrity, freedom or security or to respect for the fundamental rights of the person concerned or to preclude the applicant from living in his or her country of origin; AD\ doc 9/20 PE

10 It is important that account should be taken of these factors as grounds for a well-founded fear of persecution, and they should therefore be mentioned explicitly.particularly in the case of women and girls, protection of physical integrity must be guaranteed. Amendment 9 Article 11, paragraph 1, point (b) (b) legal, administrative, police and/or judicial measures when they are designed or implemented in a discriminatory manner on the grounds of race, religion, nationality, political opinion or membership of a particular social group and if they constitute a significant risk to the applicant s life, freedom or security or preclude the applicant from living in his or her country of origin; (b) legal, administrative, police and/or judicial measures when they are designed or implemented in a discriminatory manner on the grounds of race, religion, nationality, sex, sexual orientation, membership of an ethnic group, political opinion or membership of a particular social group and if they constitute a significant risk to the applicant s life, physical integrity, freedom or security or to respect for the fundamental rights of the person concerned or preclude the applicant from living in his or her country of origin; It is important that account should be taken of these factors as grounds for a well-founded fear of persecution, and they should therefore be mentioned explicitly.particularly in the case of women and girls, protection of physical integrity must be guaranteed. Amendment 10 Article 11, paragraph 1, point (c) (c) prosecution or punishment for a criminal offence if, on the grounds of race, religion, nationality, political opinion or membership of a particular social group: (c) prosecution or punishment for a criminal offence if, on the grounds of race, religion, nationality, sex, sexual orientation, membership of an ethnic group, political opinion or membership of a particular social group: PE /20 AD\ doc

11 It is important that account should be taken of these factors as grounds for a well-founded fear of persecution, and they should therefore be mentioned explicitly. Amendment 11 Article 11, paragraph 1, point (c) (i) (i) the applicant is either denied means of judicial redress or suffers a disproportionate or discriminatory punishment (i) the applicant is either denied means of judicial redress or suffers a disproportionate or discriminatory punishment or corporal or capital punishment If there is a threat that corporal or capital punishment may be applied in respect of the offence in the event of an applicant s being returned, they must not be returned, for humanitarian reasons. Amendment 12 Article 12, introductory part In determining whether a well founded fear of persecution is based on reasons of race, religion, nationality, political opinion or membership of a particular social group, the following elements shall, as a minimum, be taken in account: In determining whether a well founded fear of persecution or serious harm is based on reasons of race, religion, nationality, sex, political opinion or membership of a particular social group, the following elements shall, as a minimum, be taken in account: Unjustified harm may also be gender-specific and should therefore be included in this article. The term social group as defined in Article 1 of the Geneva Convention is not sufficient to confer refugee status on women who are victims of persecution or oppression on account of their sex. It has been found that, on account of their gender and for reasons arising from their being female, women are abused, tortured, subjected to violence and persecution, have their freedom restricted, live under the shadow of alienating and oppressive religious and/or social norms, and risk their lives if they violate them. Such treatment should be regarded as a public issue and should no longer be seen as being in the private domain; it is a political matter. AD\ doc 11/20 PE

12 Amendment 13 Article 12, point (c) a (new) (ca) the category of sex shall include exclusion and violence inflicted on women on account of their gender, the application of social norms, customs of the State and/or of society which endanger the freedom and lives of women (forced marriage, genital mutilation, repudiation, rape, etc.); The term social group as defined in Article 1 of the Geneva Convention is not sufficient to confer refugee status on women who are victims of persecution or oppression on account of their sex. It has been found that, on account of their gender and for reasons arising from their being female, women are abused, tortured, subjected to violence and persecution, have their freedom restricted, live under the shadow of alienating and oppressive religious and/or social norms, and risk their lives if they violate them. Such treatment should be regarded as a public issue and should no longer be seen as being in the private domain; it is a political matter. Amendment 14 Article 13, paragraph 2 2. The Member State which has granted refugee status shall bear the burden of proof in establishing that a person has ceased to be in need of international protection for one of the reasons stipulated in paragraph The Member State which has granted refugee status shall bear the burden of proof in establishing that a person has ceased to be in need of international protection for one of the reasons stipulated in paragraph 1 and shall provide for appeal against the decision taken. Provision must be made for appeal against any decision. PE /20 AD\ doc

13 Amendment 15 Article 14, paragraph 1, point (c) (ii) (ii) the applicant has committed a serious non-political crime prior to his or her admission as a refugee; (ii) the applicant has committed a serious non-political crime prior to his or her admission as a refugee, unless the penalties provided for will result in the application of capital or corporal punishment; If there is a threat that corporal or capital punishment may be applied in respect of the offence in the event of an applicant s being returned, they must not be returned, for humanitarian reasons. Amendment 16 Article 15, point (a) (a) torture or inhuman or degrading treatment or punishment; or (a) torture or inhuman or degrading treatment or punishment, genital mutilation; or Violation of physical integrity by means of genital mutilation should also be grounds for an application for asylum. Amendment 17 Article 15, point (c) (c) a threat to his or her life, safety or freedom as a result of indiscriminate violence arising in situations of armed conflict, or as a result of systematic or generalised violations of their human rights. (c) a threat to his or her life, physical integrity, safety or freedom as a result of indiscriminate violence arising in situations of armed conflict, or as a result of systematic or generalised violations of their human rights. AD\ doc 13/20 PE

14 Physical integrity, particularly of a gender-specific nature, must be protected. Amendment 18 Article 16, paragraph 2 a (new) 2a. Member States shall ensure that persons who are excluded on these grounds have the right to lodge an appeal against a decision to deny them subsidiary protection. Provision must be made for appeal against any decision. Amendment 19 Article 17, paragraph 1, point (b) (b) the applicant has committed a serious non-political crime prior to his or her admission as a refugee; (b) the applicant has committed a serious non-political crime prior to his or her admission as a refugee, unless there is provision for a sentence of corporal or capital punishment for the crime; If there is a threat that corporal or capital punishment may be applied in respect of the offence in the event of an applicant s being returned, they must not be returned, for humanitarian reasons. Amendment 20 Article 18, paragraph 3 3. When implementing the provisions of this 3. When implementing the provisions of this PE /20 AD\ doc

15 Chapter, Member States shall take into account the specific situation of persons who have special needs such as: minors in general, unaccompanied minors, disabled people, elderly people, single parents with minor children, victims of torture or sexual abuse or exploitation, pregnant women and persons suffering from infirmity, whether mental or physical. Member States shall also take into account the specific situation of single women who are subject to substantial gender-related discrimination in their country of origin. Chapter, Member States shall take into account the specific situation of persons who have special needs such as: minors in general, unaccompanied minors, disabled people, elderly people, single parents with minor children, victims of torture or sexual abuse or exploitation, pregnant women and persons suffering from infirmity, whether mental or physical. Member States shall also take into account the specific situation of women who are subject to substantial gender-related discrimination in their country of origin. There is no reason why single women should require more protection than women in general. In many countries, particularly in conflict situations, women are the first victims of persecution and discrimination. Amendment 21 Article 20 Member States shall provide persons recognised as being in need of international protection, immediately after status has been granted, with information, in a language likely to be understood by them, in which provisions relating to the respective protection regimes are clearly set out. Member States shall provide persons recognised as being in need of international protection, immediately after status has been granted, with information in writing, in a language understood by them, in which provisions relating to the respective protection regimes are clearly set out. Member States must inform applicants for international protection in writing and in a language they understand. It is important that applicants fully understand the information provided by the Member States. Amendment 22 Article 24, paragraph 2 2. Member States shall ensure that activities such as employment-related education opportunities for adults, vocational training 2. Member States shall ensure that activities such as employment-related education opportunities for adults, language- AD\ doc 15/20 PE

16 and practical workplace experience are offered to refugees, under the same conditions as nationals. learning opportunities, vocational training and practical workplace experience are offered to refugees, under the same conditions as nationals; vocational training and language-learning opportunities for women should, in particular, be promoted. It is vital that those receiving international protection integrate in their host country. This integration can be achieved through education, but above all by learning the language of the host country. Women applicants for international protection often have few social activities or contacts with nationals of the host country. In many cases, they do not have a proper knowledge of the language of the host country and do not follow any vocational training. It is therefore important to promote women s access to education, training and language learning since they are at the heart of the family structure. Amendment 23 Article 24, paragraph 3 3. Member States shall authorise persons enjoying subsidiary protection status to engage in employed or self-employed activities under the same conditions as nationals no later than six months after such status is granted. 3. Member States shall authorise persons enjoying subsidiary protection status to engage in employed or self-employed activities under the same conditions as nationals no later than three months after such status is granted. It will promote the integration of refugees in their new home country if they can begin to work as soon as possible. Amendment 24 Article 24, paragraph 4 4. Member States shall ensure that persons enjoying subsidiary protection status have access to activities such as employment related education opportunities for adults, vocational training and practical workplace experience, under the same conditions as nationals no later than one year after such status is granted. 4. Member States shall ensure that persons enjoying subsidiary protection status have access to activities such as employment related education opportunities for adults, language-learning opportunities, vocational training and practical workplace experience, under the same conditions as nationals no later than six months after such status is granted; vocational training PE /20 AD\ doc

17 and language-learning opportunities for women should, in particular, be promoted. Women applicants for international protection often have few social activities or contacts with nationals of the host country. In many cases, they do not have a proper knowledge of the language of the host country and do not follow any vocational training. It is therefore important to promote women s access to education, training and language learning since they are at the heart of the family structure. It is vital that those receiving international protection integrate in their host country. This integration can be achieved through education, but above all by learning the language of the host country. It will promote the integration of refugees in their new home country if they can begin to work as soon as possible. Amendment 25 Article 25, paragraph 1 1. Member States shall grant full access to the education system to all those minors enjoying international protection under the same conditions as nationals. 1. Member States shall grant full access to the education system to all minors, whether or not they enjoy international protection and irrespective of their place of accommodation or placement, under the same conditions as nationals. The right to education is enshrined in Article 14 of the Charter of Fundamental Rights. It is important that all minors, whatever their status, have access to education. International protection application procedures may take a long time. It is therefore important that all minors attend school and prepare their future. Amendment 26 Article 25, paragraph 2 2. Member States shall allow adults enjoying international protection access to the general education system, further training or retraining, under the same conditions as nationals. 2. Member States shall allow adults enjoying international protection access to the general education system, further training, in particular language learning, or retraining, under the same conditions as nationals. It is vital that those receiving international protection integrate in their host country. This AD\ doc 17/20 PE

18 integration can be achieved through education, but above all by learning the language of the host country. Amendment 27 Article 27, paragraph 3 3. Member States shall ensure access to rehabilitation services to minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict. To facilitate recovery and reintegration, appropriate mental health care shall be developed and qualified psycho-social counselling shall be provided when it is needed. 3. Member States shall ensure access to rehabilitation services to minors and women who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict. To facilitate recovery and reintegration, appropriate mental health care shall be developed and qualified psycho-social counselling shall be provided when it is needed. Women are the first victims of violence, exploitation and abuse. It is therefore important that they should have preferential access to specialist help and care n respect of the violence, exploitation and abuse to which they have been subjected. Amendment 28 Article 28, paragraph 2 2. Member States shall ensure that the minors needs are duly met in the implementation of the provisions of this Directive by the appointed guardian. The appropriate authorities shall make regular assessments. 2. Member States shall ensure that the minors needs are duly met in the implementation of the provisions of this Directive by the appointed guardian. The appropriate authorities shall make assessments at least once a year. The situation of unaccompanied minors must be given serious consideration. Proper consideration of the child s well-being requires an assessment to be carried out at least once a year. This will enable the necessary steps to be taken swiftly to protect the minor s wellbeing, should a difficulty arise. Amendment 29 Article 28, paragraph 3 PE /20 AD\ doc

19 3. Member States shall ensure that unaccompanied minors are placed: 3. Member States shall ensure that unaccompanied minors are placed, in order of preference: Member States should take all the necessary steps to find a solution which is in the child s interest. It is therefore important that preference be given to placing a child with a member of his family. If this is not possible, it is essential that he be placed, in order of preference, with a foster family, in a specialised centre or, as a last resort, in other accommodation suitable for minors. Amendment 30 Article 28, paragraph 3, point (c) (c) in centres specialised in accommodation for minors; or (c) in centres specialised in accommodation for minors which provide adequate protection; or These centres must care for and protect minors in such a way that they can integrate into society more easily afterwards and do not end up as prostitutes. Amendment 31 Article 28, paragraph 7a (new) 7a. Member States shall ensure that all minors, irrespective of their place of accommodation or placement and whatever their status, have access to the same education and training programmes as provided by the Member States for their nationals. The right to education is enshrined in Article 14 of the Charter of Fundamental Rights. It is important that all minors, whatever their status and place of accommodation, be entitled to education and training, international protection applications may take a long time before a decision is taken on a person s status. It is essential that minors be enabled to continue their education and to prepare the future during this period. Amendment 32 AD\ doc 19/20 PE

20 Article 34, paragraph 1 1. Member States shall ensure that authorities and other organisations implementing this Directive have received the necessary basic training with respect to the needs of both male and female applicants and their accompanying family members, as well as the specific needs of minors, in particular unaccompanied minors. 1. Member States shall ensure that authorities, officials, interpreters and other organisations implementing this Directive have received the necessary basic training with respect to the needs of both male and female applicants and their accompanying family members, as well as the specific needs of minors, in particular unaccompanied minors, disabled persons and traumatised persons. All officials and persons working with asylum seekers should be provided with training (psychological, communication, etc.) enabling them to respond to their needs. PE /20 AD\ doc