Suchergebnisse

While both the topics of domestic work (DW) and trafficking human beings (THB) have received increased attention in scholarship, there is very limited research on the nexus of these two issues in Italy, i.e. on cases of THB in the DW sector. This paper investigates the forms of severe exploitation and THB in DW in Italy and examines the factors affecting the demand-side in this sector. Moreover, it analyses the gaps in current legal and political responses. The paper highlights that domestic workers frequently experience several forms of exploitation and maltreatment, which go from the violation of the fundamental protection provided by the contract to severe abuse and trafficking. The hidden nature of DW renders the identification of cases of THB extremely difficult. The paper reveals that while economic motivations are the main factor influencing the demand for cheap and exploitable workers in DW, other aspects, such as political, legal, social and cultural factors, also play a crucial role in affecting the demand-side. Moreover, this study points out that Italian legal and political responses to THB and severe exploitation have proven inadequate in preventing these phenomena and in protecting the rights of the victims. By highlighting the need to adopt a comprehensive approach to THB, the paper proposes a set of recommendations in regard to political and legal responses, also addressing the demand-side. ; This project has received funding from the European Union's Seventh Framework Programme for Research, Technological Development and Demonstration under Grant Agreement No. 612869.

In Italia, il settore agricolo e quello del lavoro domestico sono caratterizzati da un alto impiego di manodopera straniera, spesso sottoposta a gravi forme di sfruttamento. Questo rapporto, oltre a illustrare i fattori che contribuiscono a rendere vulnerabili le lavoratrici e i lavoratori migranti, esamina la normativa nazionale in materia di tratta e sfruttamento mettendo in luce l'inadeguata formulazione di alcune norme nonché la loro disomogenea applicazione. Il rapporto inoltre evidenzia i limiti delle attuali politiche riguardanti lo sfruttamento lavorativo e la tratta, denunciando la scarsa attenzione del governo al fenomeno e in particolare alla tutela delle vittime. Il rapporto si conclude proponendo alcune strategie d'intervento, sia sul piano normativo che politico, prendendo specificamente in considerazione il settore agricolo e quello del lavoro domestico. ; La ricerca presentata in questo rapporto è stata svolta nell'ambito del progetto di ricerca TRAFFICKO - Trafficking for Labour Exploitation. Assessing Anti-Trafficking Interventions in Italy, co-finanziata dalle Open Society Foundations.

In Italy, as in many European countries, agriculture and domestic work are sectors characterised by high levels of irregular work without contract and with no respect of minimum pay, humane living conditions or access to basic services. Generalised informality however sometimes leads to cases of sever exploitation and outright human trafficking. This report focuses on the conditions that can lead from irregular work to abuse and trafficking in agriculture and domestic work – we question the cultural and economic aspects that make such situations possible. We also review the relevant legislation punishing exploiters and protecting victims with a view of identifying existing gaps and make suggestions for improvement. Indeed while the Italian legal framework is particularly progressive as regards the assistance and protection of victims of trafficking and severe exploitation, related legal practices and implementation of policies on the ground suffer from several shortcomings. For instance, the implementation of Article 18 of Legislative Decree No. 286/1998, which provides victims of exploitation and trafficking with special protection and assistance as well as with a residence permit for humanitarian reasons, has been arbitrary and inconsistent throughout the country, especially in cases of labour exploitation. In addition, Italy has inadequately transposed into national law Directive 2011/36/EU on trafficking and lacks a comprehensive law on labour exploitation. In recent years anti-trafficking interventions have not been a priority and programmes for assistance of victims of trafficking and severe exploitation have been under-funded. There is no effective system of data collection on the victims participating in these programmes; the national plan against trafficking has been adopted only recently (February 2016) after a severe delay of more than one year with respect to the established deadline; there is a lack of structured campaigns against trafficking and serious exploitation. This report stresses the need for an integrated and comprehensive approach to trafficking and labour exploitation in agriculture and domestic work and makes specific recommendations for each of the two sectors.

The agri-food system across Europe relies heavily on migrant labour. Border lockdowns during the Covid-19 pandemic immobilised thousands of foreign farmworkers, giving rise to fears of labour shortages and food production losses in EU countries. Farmers' organisations sought institutional interventions to address this labour demand. Although migrant workers have become a fundamental component of core sectors in recent decades, it is only in the current health emergency that they were recognised as 'essential' workers. The chapter analyses the working conditions of migrant farmworkers alongside national debates and institutional interventions in Italy and Spain during the pandemic. It provides a critical comparative analysis of legal and policy interventions to address migrants' situations of vulnerability. Both countries depend on important contingents of EU and non-EU migrant farmworkers, especially in fruit and vegetable production; moreover, they present common aspects in supply chain dynamics and labour market policies, but also specific differences in labour, migration and social policies. Both adopted measures to face the condition of irregularity of migrant workers in order to respond to labour demand in the agri-food sector and to provide these workers with safe working and living conditions during the pandemic. However, these interventions reveal shortcomings that significantly limit their impact and outcomes, calling into question to what extent migrant workers are really considered as 'essential' in a long-term perspective and, therefore, to what extent the current pandemic constitutes an opportunity for a new push to enforce labour and migrant rights.

This article examines the conditions of vulnerability of migrant women who enter and reside in the EU for family reasons or for international protection. The premise from which the analysis starts is that legislation and policies in the field of migration can significantly affect the living and working, and rights of migrant women. The paper offers a critical understanding of the notions of vulnerability and discrimination, evaluating whether these concepts can be rethought and used critically in legal studies on migration. All this in order to better understand the causes and effects of the factors producing the vulnerability of migrant women. From this perspective, the second part of the article examines relevant case law of the European Court of Human Rights and of Italian Courts, analysing whether and in what terms the courts take into account the specific situations of vulnerability of migrant women, ensuring respect for their right to family life and family unity.

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

Un aspetto centrale nelle storie di sfruttamento lavorativo, in particolare delle donne migranti, è la situazione di vulnerabilità delle persone coinvolte. La nozione di vulnerabilità ha conosciuto negli ultimi anni una grande fortuna e si è enormemente diffusa nel linguaggio politico e giuridico. La sua accezione più promettente ha una carattere "situazionale", ovvero fa riferimento al complesso di circostanze di contesto che, anche a partire dalle caratteristiche individuali, rendono una persona vulnerabile allo sfruttamento. Nel presente studio esaminiamo se e in che modo la normativa e la giurisprudenza italiana e sovranazionale riguardante lo sfruttamento lavorativo, tengano conto di questa dimensione situazionale della vulnerabilità. Il saggio si conclude guardando a questa nozione in relazione all'ambito dei diritti umani e mettendo in luce la sua importanza in una prospettiva di genere. ; A central aspect in the cases of labour exploitation, in particular of migrant women, is the vulnerable situation of the people involved. The notion of vulnerability is contentious and it has been debated in various disciplines. The most interesting meaning of this concept relates to its contextual/situational dimensions, which sheds light on the interplay of personal and structural factors (legal, economic, political, social elements) rendering some people vulnerable to forms of abuse and exploitation. This paper examines whether and how Italian and supranational legislation and case law on labour exploitation take into account this situational dimension of vulnerability. In doing so, we look at the notion of vulnerability in relation to the field of human rights, and highlight its importance from a gender perspective

EXECUTIVE SUMMARY This research report has been published as part of the EU Horizon 2020 research project (www.vulner.eu). The VULNER research project is an international research initiative, the objective of which is to reach a more profound understanding of the experiences of vulnerabilities of migrants applying for asylum and other humanitarian protection statuses, and how they could best be addressed. It therefore makes use of a twofold analysis, which contrasts the study of existing protection mechanisms for vulnerable migrants (such as minors and victims of human trafficking) with the experiences of migrants on the ground. This research report presents some of the intermediate research results of the VULNER project based on the first phase of the project. This phase consisted of mapping out the vulnerability assessment mechanisms developed by state authorities in Italy, including how they are implemented on the ground through the practices of the public servants in charge. The following research questions are addressed: What do the relevant domestic legislation, case law, policy documents, and administrative guidelines reveal about how 'vulnerabilities' are being assessed and addressed in the countries under study? Do the relevant state and/or aid agencies have a legal duty to assess migrants' vulnerabilities, and if yes, using which procedures, when and how? Following which legal and bureaucratic criteria? How do decision makers (street-level bureaucrats) understand and perceive the 'vulnerabilities' of the migrants they meet on a daily basis? How do they address these 'vulnerabilities' through their everyday practices? What is their stance on existing legal requirements towards 'vulnerable' migrants? What loopholes do they identify? Sources and data collected The research for this report was carried out between February and October 2020 and relied on the analysis of the relevant legal and policy framework and case law in the field of migration and asylum, as well as in-depth interviews with key ...

EXECUTIVE SUMMARY This research report has been published as part of the EU Horizon 2020 research project 'Vulnerabilities Under the Global Protection Regime: How Does the Law Assess, Address, Shape and Produce the Vulnerabilities of the Protection Seekers?' (VULNER GA n. 870845). Our project arose from the finding that the requirement to address migrants' multiple and various vulnerabilities is flooding the policy discourse on asylum and migration at the EU and global levels. This is illustrated by the UN Global Compact for Migration and its objective 7 to 'reduce vulnerabilities' in migration; and by the current focus at EU level on the establishment of vulnerability assessment mechanisms as part of asylum and border procedures, as well as in resettlement programs. Yet, if not based on scientific data and analyses that provide a clear and non-stereotyped understanding of the vulnerabilities that are lived and experienced by migrants, such a policy objective runs the risk of failing to address vulnerabilities, exacerbating existing ones, and even producing new ones. The overall objective of the VULNER project is to produce such scientific knowledge in ways that will assist states in identifying suitable strategies to assess the 'vulnerabilities' of migrants, to address their specific needs and to prevent stereotyped understandings of their lived experiences. The VULNER project also seeks to develop a broader, more thorough and more critical reflection on the increasing use of 'vulnerability' as a legal and policy standard that guides the development and the implementation of migration policies, including how it relates to border control considerations inherent in such policies. This research report presents some of the intermediate research results of the VULNER project, based on the first phase of the project, which consisted of mapping out the vulnerability assessment mechanisms developed by state authorities in Italy, including how they are implemented on the ground through the practices of the public ...

This publication is available under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. ; The study seeks to analyse the broader framework in which the rights of migrants and workers are violated, going beyond the focus on the abuse endured by migrant workers in southern Italy—which has been reported on exhaustively over the last decade by the media and civil society organisations— and the rather narrow actions by the EU and member states to counter the exploitation. The aim is to investigate the multiple pressures on the agriculture system from the restructuring of agri-food chains and the factors pushing farmers to recruit migrant workers irregularly, profiting from their vulnerable condition.