Conciliating national provisions with international regulations. The case of unaccompanied minors in the eu and in Italy
| Autor | Paolo Iafrate - Antonio Ricci |
| Cargo | University of Rome Tor Vergata - Senior Researcher at IDOS |
| Páginas | 149-173 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 5 - Nº 02 - Ano 2016 に Migração, Mobilidade & Direitos Humanos
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
149
DOI: 10.18351/2179-7137/ged.v5n2p149-173
CONCILIATING NATIONAL PROVISIONS WITH
INTERNATIONAL REGULATIONS. THE CASE OF
UNACCOMPANIED MINORS IN THE EU AND IN ITALY
Paolo Iafrate1
Antonio Ricci2
Abstract: In recent years, a growing
number of unaccompanied and separated
children (hereinafter "unaccompanied
minors") entered and passed through the
European Union (EU) looking for a safe
country or in the attempt to secure their
future, an education and a better job,
meeting often to family or community
members already in the EU. To reach a
predetermined destination in Europe has
become increasingly dangerous for many
unaccompanied minors, whose migratory
project is based on decisions made by their
families and on expectations fueled by
partisan information obtained mostly from
informal networks. Analysing the EU
context, it appears evident the existence of
a number of common features, mainly
1 University of Rome Tor Vergata – Contract Professor in Eco nomics and Regulations of Migration PhD in
Legal System of Roman Law and Unification - Muslim Law and Law in Islamic Countries Scientific Committee
CREG - Economic and Legal Research Centre. Email: paolo.iafrate@uniroma2.it
2 Senior Researcher at IDOS (Centre Study of Research) - PhD “History of Europe: cultural roots and
international politics”, Sapienza University of Rome - Editor of researches and studies on migration, lecturer in
occasion of public conferences, teacher at Master, University a nd Training courses. Email:
antonio.ricci@dossierimmigrazione.it
caused by the sharing of common
emergencies and by the structuring of
similar domestic legal regulations. The
northern European countries prefer the
application of measures arising from the
laws on immigration in relation to the
protection of unaccompanied minors,
instead the Mediterranean countries adopt
provisions of protection under
international law, EU law and its legal
system with regard to child protection.
Keywords: unaccompanied minors; Italy;
Convention on Children Rights of
November 20, 1989; Consolidation Act on
Immigration no. 286/1998; Committee for
Foreign Minors.
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 5 - Nº 02 - Ano 2016 に Migração, Mobilidade & Direitos Humanos
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
150
DOI: 10.18351/2179-7137/ged.v5n2p149-173
Introduction
The current period is
characterized by a migration phenomenon
whose predominant trend is constituted by
a shift from the southern countries of the
world, from Eastern Europe to the West.
The causes lie in the interdependence of
the world economic system, characterized
by uneven development of countries and
the exploitation of the West with the
export of its market value and
consumption. To determine the migration
flows are therefore economic, social and
political as the dramatic impoverishment
of many countries and the need to escape
from situations of war, oppressive
regimes, to political and/or religious
persecution. In the choices of the migrant
determinant is the attraction exerted by the
West, with its ability to present itself as a
kingdom of wealth, opportunities,
freedoms3.
In recent years, a growing
number of unaccompanied and separated
children (hereinafter "unaccompanied
minors") entered and passed through the
European Union (EU) looking for a safe
3 www.unhcr.it/wp-
content/uploads/2016/01/3Proteggere_i_Minori_i
n_Transito.pdf.
country or in an attempt to secure their
future, an education and a better job,
meeting often to family or community
members already in the EU. Reach a
predetermined destination in Europe has
become increasingly dangerous for many
unaccompanied minors, whose migratory
project is based on decisions made by their
families and on expectations fueled by
partisan information obtained mostly from
informal networks
The increasing intensification of
migration, which involved Italy and
Europe in recent decades reached its peak
following the revolutions of the Arab
Spring and subsequent civil conflicts that
have destabilized North Africa and the
Middle East, led to highlighted
deficiencies and problematic nature of the
national and international in hospitality
and ability to identify and pursue long-
term strategies appropriate systems, on the
one hand, to cope with this emergency and,
second, to protect migrants.
In recent years it has become
increasingly important a particularly
vulnerable category of migrants: migrant
Para continuar a ler
PEÇA SUA AVALIAÇÃO