Suchergebnisse

The coherence of the legal system becomes a particularly relevant and complex issue with regard to the conflicts that may arise between constitutional principles. From this perspective, the paper considers some immigration laws - and in particular the Ministerial Decree of 7 April 2020, which states that "for the entire duration of the national health emergency resulting from the spread of the COVID_19 virus, Italian ports do not ensure the necessary requirements for the classification and definition of Place of safety ("safe place") "- enacted by the Italian government in the most acute period of the health emergency connected to the spread of covid-19, by evaluating whether they, by affecting constitutive principles and fundamental rights, meet the criteria of reasonableness and proportionality. After considering the intrinsic problematic nature of the use of the concepts of "safety/security" in the regulatory texts, and specifying the legal notion of place of safety, other controversial legislative initiatives at the regional level and some practices, still in the field of migration management, will be considered. which demonstrate how instrumental recourse to the emergency situation and the need to protect public health and safety can appear, in the face of interventions that appear completely counterproductive and unreasonable precisely if commensurate with this purpose.

This paper analyses the interventions implemented in Italy in the field of immigration during the covid-19 emergency. The way in which they affect constitutive principles and fundamental rights, by opposing them to collective purposes is considered. The legal notion of "place of safety" is deepened to highlight the problematic nature of the Interministerial Decree 7 April 2020, n. 150 in terms of respect of fundamental rights and international law. Other legislative initiatives and praxis are taken into account as examples of a more general modality of intervention which, in the name of the protection of public health and safety, had controversial and unreasonable results also with respect to this purpose.

Nel quadro dell'esperienza della «Clinica legale per i diritti umani» dell'Università di Palermo (Cledu), il contributo tratta di alcune azioni specifiche condotte nei suoi primi anni di lavoro nell'ottica della costruzione di un "modello" di intervento sistemico, per poi descriverne la necessaria rimodulazione in risposta ai veloci mutamenti politico-normativi del periodo più recente. Sarà così possibile porre in luce alcune caratteristiche dell'approccio clinico-legale nell'Italia contemporanea, e del ruolo del giurista ad esso connesso.

Il contributo ripercorre la storia dell'asilo ritrovandone le radici nella legge ancestrale dell'ospitalità e nell'antico dovere di proteggere positivizzato, nell'età dei diritti, nel principio di non refoulement affermato dal diritto internazionale dei rifugiati. L'effettività di questo principio viene quindi posta in questione alla luce delle politiche migratorie contemporanee di chiusura dei confini, guardando a come esse si attuano oggi nel contesto del Mediterraneo centrale dove si assiste a un paradossale rovesciamento di ruoli tra chi viola e chi rispetta ancora il dovere di proteggere.

This contribution aims to shed light on the specific mechanism of migrant categorization implemented by the so-called «Hotspot approach», which was launched by the EU Agenda on Migration in May 2015. This approach is here envisaged as a response to the current changes in the composition of migration towards Europe. Provisions contained in EU and Italian policy documents are compared with concrete practices enacted on the ground by investigating two case studies: the initial opening of the Hotspot at Milo, in Trapani, and the first months of functioning of the Hotspot on Lampedusa. The empirical research covers the period between the last months of 2015 and the beginning of 2016. The short-term consequences of the hotspot system have been the creation of thousands of irregularized migrants within the Italian territory, and a massive violation of the principles grounding the right to asylum. These consequences were so blatant to oblige Italian authorities to interrupt some of these practices. Yet, in the long term, this experimental phase can be regarded as a laboratory for the subsequent development of EU policies on migration and asylum.

This paper focuses on labour and sexual exploitation faced by Romanian female workers employed in the agricultural sector in Ragusa, Sicily, Italy. Drawing on fieldwork conducted in 2013 and 2014 with Romanian female farm workers in Ragusa, the paper identifies factors that contribute towards their vulnerability to exploitation. By paying specific attention to the experiences of women who are mothers with dependent children, we look at structural factors that increase their vulnerability and consider how this vulnerability 'forces' women into situations whereby they effectively accept and/or submit to abuse. We also highlight how European Union (EU) citizenship does not automatically protect migrants from such abuse. This is important because, as we argue, the mistreatment experienced by participants in this study can be regarded as cases of forced labour and trafficking, based on International Labour Organization (ILO) indicators[1] and the definition of trafficking provided by the Directive 2011/36/EU. For a long time, these cases have mostly been neglected by incompetent authorities or addressed using only repressive and assistentialist approaches. Thus, this paper also investigates the limits and potentialities of the Italian legal framework on trafficking, and the ways local institutions and organisations confront the rights violations occurring in the agricultural sector. We contend that in order to effectively counter these phenomena, labour rights measures and anti-trafficking interventions have to be combined based on a comprehensive approach aimed not only at assisting victims, but also at tackling the structural factors that create their vulnerability.[1] ILO, 'ILO Indicators of Forced Labour', International Labour Office, 2012, retrieved 11 August 2015, http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_203832.pdf

This paper focuses on labour and sexual exploitation faced by Romanian female workers employed in the agricultural sector in Ragusa, Sicily, Italy. Drawing on fieldwork conducted in 2013 and 2014 with Romanian female farm workers in Ragusa, the paper identifies factors that contribute towards their vulnerability to exploitation. By paying specific attention to the experiences of women who are mothers with dependent children, we look at structural factors that increase their vulnerability and consider how this vulnerability 'forces' women into situations whereby they effectively accept and/or submit to abuse. We also highlight how European Union (EU) citizenship does not automatically protect migrants from such abuse. This is important because, as we argue, the mistreatment experienced by participants in this study can be regarded as cases of forced labour and trafficking, based on International Labour Organization (ILO) indicators[1] and the definition of trafficking provided by the Directive 2011/36/EU. For a long time, these cases have mostly been neglected by incompetent authorities or addressed using only repressive and assistentialist approaches. Thus, this paper also investigates the limits and potentialities of the Italian legal framework on trafficking, and the ways local institutions and organisations confront the rights violations occurring in the agricultural sector. We contend that in order to effectively counter these phenomena, labour rights measures and anti-trafficking interventions have to be combined based on a comprehensive approach aimed not only at assisting victims, but also at tackling the structural factors that create their vulnerability.[1] ILO, 'ILO Indicators of Forced Labour', International Labour Office, 2012, retrieved 11 August 2015, http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_203832.pdf