11.9.2020 A9-0138/6

Amendment 6 Juan Fernando López Aguilar, , , , , Łukasz Kohut, Marc Angel, Włodzimierz Cimoszewicz, , Robert Biedroń, on behalf of the S&D Group Roberta Metsola on behalf of the PPE Group Michal Šimečka on behalf of the Renew Group Terry Reintke, Tineke Strik, Alice Kuhnke, Rasmus Andresen, Henrike Hahn, Ernest Urtasun, Jordi Solé on behalf of the Verts/ALE Group Konstantinos Arvanitis on behalf of the GUE/NGL Group

Report A9-0138/2020 Juan Fernando López Aguilar Determination of a clear risk of a serious breach by Poland of the rule of law (COM(2017)0835 – 2017/0360R(NLE))

Motion for a resolution Paragraph 58

Motion for a resolution Amendment

58. Is deeply concerned by the Polish 58. Is deeply concerned by the recent Deputy Minister of Justice’s recent decision1a by the Polish Minister of Justice declaration that Poland should denounce to officially start Poland’s withdrawal the Council of Europe Convention on from the Council of Europe Convention on preventing and combating violence against preventing and combating violence against women and domestic violence (Istanbul women and domestic violence (Istanbul Convention); encourages the Polish Convention); encourages the Polish authorities to give practical and effective authorities to give practical and effective application to that Convention, including application to that Convention, including by ensuring application of the existing by ensuring application of the existing legislation across the country, as well as legislation across the country, as well as the provision of a sufficient number and the provision of a sufficient number and quality of shelters for women who are quality of shelters for women who are victims of violence and their children; victims of violence and their children; is afraid that this step could be a serious setback with regards to gender equality and women’s rights; ______1a Ministry of Justice, Press release ‘Proposal for the denunciation of the Istanbul Convention’, 25 July 2020,

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EN United in diversityEN https://www.gov.pl/web/sprawiedliwosc/mi nisterstwo-sprawiedliwosci-konwencja- stambulska-powinna-zostac- wypowiedziana-poniewaz-jest-sprzeczna- z-prawami-konstytucyjnymi.

Or. en

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EN United in diversityEN 11.9.2020 A9-0138/7

Amendment 7 Juan Fernando López Aguilar, Kati Piri, Birgit Sippel, Evelyn Regner, Maria Noichl, Łukasz Kohut, Marc Angel, Włodzimierz Cimoszewicz, Evin Incir, Robert Biedroń, Sylwia Spurek on behalf of the S&D Group Roberta Metsola on behalf of the PPE Group Michal Šimečka on behalf of the Renew Group Terry Reintke, Tineke Strik, Alice Kuhnke, Rasmus Andresen, Henrike Hahn, Ernest Urtasun, Jordi Solé on behalf of the Verts/ALE Group Konstantinos Arvanitis on behalf of the GUE/NGL Group

Report A9-0138/2020 Juan Fernando López Aguilar Determination of a clear risk of a serious breach by Poland of the rule of law (COM(2017)0835 – 2017/0360R(NLE))

Motion for a resolution Paragraph 59

Motion for a resolution Amendment

59. Notes that the May 2020 LGBTI 59. Notes that the May 2020 LGBTI Survey II conducted by the European Survey II conducted by the European Union Agency for Fundamental Rights Union Agency for Fundamental Rights highlights an increase in intolerance and highlights an increase in intolerance and violence in Poland towards LGBTI persons violence in Poland towards LGBTI persons and complete disbelief in the government’s or persons who are perceived to be LGBTI combat against prejudice and intolerance persons and complete disbelief in the by Polish LGBTI respondents, recording government’s combat against prejudice and the lowest percentage across the Union intolerance by Polish LGBTI respondents, (only 4 %), and the highest percentage of recording the lowest percentage across the respondents avoiding going to certain Union (only 4 %), and the highest places for fear of being assaulted, harassed percentage of respondents avoiding going or threatened (79 %); to certain places for fear of being assaulted, harassed or threatened (79 %);

Or. en

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EN United in diversityEN 11.9.2020 A9-0138/8

Amendment 8 Juan Fernando López Aguilar, Kati Piri, Birgit Sippel, Evelyn Regner, Maria Noichl, Łukasz Kohut, Marc Angel, Włodzimierz Cimoszewicz, Evin Incir, , Robert Biedroń, Sylwia Spurek on behalf of the S&D Group Roberta Metsola on behalf of the PPE Group Michal Šimečka on behalf of the Renew Group Terry Reintke, Tineke Strik, Alice Kuhnke, Rasmus Andresen, Henrike Hahn, Ernest Urtasun, Jordi Solé on behalf of the Verts/ALE Group Konstantinos Arvanitis on behalf of the GUE/NGL Group

Report A9-0138/2020 Juan Fernando López Aguilar Determination of a clear risk of a serious breach by Poland of the rule of law (COM(2017)0835 – 2017/0360R(NLE))

Motion for a resolution Paragraph 60

Motion for a resolution Amendment

60. Recalls, also in the context of the 60. Recalls, also in the context of the 2020 presidential campaign, its stance as 2020 presidential campaign, its stance as expressed in its resolution of 18 December expressed in its resolution of 18 December 2019, when it strongly denounced any 2019, when it strongly denounced any discrimination against LGBTI people and discrimination against LGBTI people and the violation of their fundamental rights by the violation of their fundamental rights by public authorities, including hate speech by public authorities, including hate speech by public authorities and elected officials, the public authorities and elected officials, the banning of and inadequate banning of and inadequate protection against attacks on Pride marches protection against attacks on Pride marches and awareness-raising programmes, the and awareness-raising programmes, the declarations of zones in Poland free from declarations of zones in Poland free from so-called ‘LGBT ideology’ and the so-called ‘LGBT ideology’ and the adoption of ‘Regional Charters of Family adoption of ‘Regional Charters of Family Rights’, discriminating in particular against Rights’, discriminating in particular against single-parent and LGBTI families; notes single-parent and LGBTI families; notes the lack of any improvement in the the lack of any improvement in the situation of LGBTI persons in Poland since situation of LGBTI persons in Poland since the adoption of that resolution and that the adoption of that resolution and that mental health and physical safety of Polish mental health and physical safety of Polish LGBTI people are particularly at risk; LGBTI people are particularly at risk;

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EN United in diversityEN recalls the condemnation of such actions recalls the condemnation of such actions by the Polish Commissioner for Human by the Polish Commissioner for Human Rights, who filed nine complaints to Rights, who filed nine complaints to administrative courts arguing that the administrative courts arguing that the LGBTI-free zones violate Union law, and LGBTI-free zones violate Union law, and by the Commission and international by the Commission and international organisations; recalls that spending under organisations; recalls that spending under cohesion funds must not discriminate on cohesion funds must not discriminate on the basis of sexual orientation and that the basis of sexual orientation and that municipalities acting as employers must municipalities acting as employers must respect Council Directive 2000/78/EC1, respect Council Directive 2000/78/EC1, which prohibits discrimination and which prohibits discrimination and harassment on the ground of sexual harassment on the ground of sexual orientation in employment2; calls on the orientation in employment2; in light of Polish authorities to implement the relevant that, expresses its serious concerns about case law of the Court of Justice and the the fact that the Minister of Justice has European Court of Human Rights and in granted financial support to the that context to address the situation of municipalities that were excluded from same sex spouses and parents with a view the European twinning programme due to to ensuring their enjoyment of the right to the adoption of ‘LGBT-free zone’ non-discrimination in law and in fact; declarations; furthermore, is deeply condemns the law suits against the civil concerned that that financial support will society activists who published the so- be granted from the Ministry’s Justice called “Atlas of Hate” that documents Fund, which was created to support cases of homophobia in Poland; strongly victims of crimes; calls on the invites the Polish government to ensure the Commission to continue rejecting Union legal protection of LGBTI people against funding applications by authorities who all forms of hate crime and hate speech; have adopted such resolutions; calls on the Polish authorities to implement the relevant case law of the Court of Justice and the European Court of Human Rights and in that context to address the situation of same sex spouses and parents with a view to ensuring their enjoyment of the right to non-discrimination in law and in fact; condemns the law suits against the civil society activists who published the so- called “Atlas of Hate” that documents cases of homophobia in Poland; strongly invites the Polish government to ensure the legal protection of LGBTI people against all forms of hate crime and hate speech; ______1 Council Directive 2000/78/EC of 27 1 Council Directive 2000/78/EC of 27 November 2000 establishing a general November 2000 establishing a general framework for equal treatment in framework for equal treatment in employment and occupation (OJ L 303, employment and occupation (OJ L 303,

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EN United in diversityEN 2.12.2000, p. 16). 2.12.2000, p. 16). 2 European Commission, DG REGIO, 2 European Commission, DG REGIO, letter to the authorities of the Polish letter to the authorities of the Polish regions of Lublin, Łódź, Lesser Poland, regions of Lublin, Łódź, Lesser Poland, Podkarpackie and Świętokrzyskie, 27 May Podkarpackie and Świętokrzyskie, 27 May 2020. See, as well, Judgment of the Court 2020. See, as well, Judgment of the Court of Justice of 23 April 2020, Associazione of Justice of 23 April 2020, Associazione Avvocatura per i diritti LGBTI, C-507/18, Avvocatura per i diritti LGBTI, C-507/18, ECLI:EU:C:2020:289. ECLI:EU:C:2020:289.

Or. en

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EN United in diversityEN 11.9.2020 A9-0138/9

Amendment 9 Juan Fernando López Aguilar, Kati Piri, Birgit Sippel, Evelyn Regner, Maria Noichl, Łukasz Kohut, Marc Angel, Włodzimierz Cimoszewicz, Evin Incir, Vera Tax, Robert Biedroń, Sylwia Spurek on behalf of the S&D Group Roberta Metsola on behalf of the PPE Group Michal Šimečka on behalf of the Renew Group Terry Reintke, Tineke Strik, Alice Kuhnke, Rasmus Andresen, Henrike Hahn, Ernest Urtasun, Jordi Solé on behalf of the Verts/ALE Group Konstantinos Arvanitis on behalf of the GUE/NGL Group

Report A9-0138/2020 Juan Fernando López Aguilar Determination of a clear risk of a serious breach by Poland of the rule of law (COM(2017)0835 – 2017/0360R(NLE))

Motion for a resolution Paragraph 60 a (new)

Motion for a resolution Amendment

60a. Strongly deplores the “Polish Stonewall” mass arrest of 48 LGBTI activists on 7 August 2020, which sends a worrying signal regarding the freedom of speech and assembly in Poland; deplores the way in which detainees were treated, as reported by the National Preventive Mechanism for the Prevention of Torture1a; calls for an immediate condemnation by all European institutions of police violence against LGBTI persons in Poland; ______1a Polish Commissioner for Human Rights, Press release, ‘The National Preventive Mechanism for the Prevention of Torture (KMPT) visits police places of detention after overnight detentions in Warsaw’, 11 August 2020, https://www.rpo.gov.pl/en/content/nationa

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EN United in diversityEN l-preventive-mechanism-prevention- torture-kmpt-visits-police-places- detention-after-overnight.

Or. en

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EN United in diversityEN