# EUR-Lex - 51998IP0034 - EN

Avis juridique important

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# 51998IP0034

**Resolution on respect for human rights in the European Union (1996) **

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Official Journal C 080 , 16/03/1998 P. 0043 *

A4-0034/98

Resolution on respect for human rights in the European Union (1996)

The European Parliament,

- 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 ((OJ C 120, 16.5.1989, p. 51.)),

- having regard to its resolution of 9 July 1991 on human rights ((OJ C 240, 16.9.1991, p. 45.)),

- having regard to its resolution of 12 March 1992 on the death penalty ((OJ C 94, 13.4.1992, p. 277.)),

- having regard to its resolution of 18 July 1992 on the European Charter of Rights of the Child ((OJ C 241, 21.9.1992, p. 67.)),

- having regard to its resolution of 11 March 1993 on respect for human rights in the European Community ((OJ C 115, 26.4.1993, p. 178.)),

- having regard to its resolution of 19 January 1994 on conscientious objection in the Member States of the European Community ((OJ C 44, 14.2.1994, p.103.)),

- having regard to its resolution of 8 February 1994 on equal rights for homosexuals and lesbians in the European Community ((OJ C 61, 28.2.1994, p. 40.)),

- having regard to its resolution of 27 April 1995 on racism, xenophobia and anti-semitism ((OJ C 126, 22.5.1995, p. 75.)),

- having regard to its resolution of 18 January 1996 on trafficking in human beings ((OJ C 32, 5.2.1996, p. 88.)),

- having regard to its resolution of 18 January 1996 on degrading conditions in prisons in the European Union ((OJ C 32, 5.2.1996, p.102)),

- having regard to its resolution of 29 February 1996 on sects in Europe ((OJ C 78, 18.3.1996, p. 31.)),

- having regard to its resolution of 9 May 1996 on the communication from the Commission on racism, xenophobia and anti-Semitism ((OJ C 152, 27.5.1996, p. 57.)),

- having regard to its opinion of 9 May 1996 on the proposal for a Council decision designating 1997 'European year against racism' ((OJ C 152, 27.5.1996, p. 62.)),

- having regard to its resolution of 17 September 1996 on human rights in the Union (1994) ((OJ C 320, 28.10.1996, p. 36.)),

- having regard to its resolution of 12 December 1996 on the protection of minors in the EU ((OJ C 20, 20.1.1997, p. 170)),

- having regard to its resolution of 8 April 1997 on respect for human rights in the European Union (1995) ((OJ C 132, 28.4.1997, p. 31.)),

- 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 ((OJ C 304, 6.10.1997, p. 55.)),

- 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 ((Minutes of that sitting, Part II, Item 7.)),

- 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 asylum-seekers 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 asylum- seekers 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 anti-Semitism, 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 abovementioned 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 non-married partners the same rights as those granted to spouses;

69. Calls once more on the Austrian Government to abrogate its anti-homosexual 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 ((OJ C 96, 1.4.1996, p. 77.)) 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;

110. Is indignant at the practice of tying up or handcuffing prisoners during gynaecological examinations or after giving birth, as has occurred in an English prison;

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 ((OJ L 368, 31.12.1994, p. 38.)) 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 non-discrimination 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.