0000000001330571
AUTHOR
Rita Duca
Lampedusa humanitarian emergency in 2011: the case of unaccompanied migrant minors
The purporse of this paper is to highlight the situation of the unaccompanied foreign minors in the Italian legal system, paying special attention to the Lampedusa humanitarian emergency in 2011. The paper examines the legal measures regulating the status of unaccompanied foreign minors in the Italian legal system, in order to understand if they are efficient in giving protection and offering integration to these minors. The papers offers insights into the most vulnerable category of illegal immigrants Purpose - The purpose of this paper is to highlight the situation on the unaccompanied foreign minors in the Italian legal system, paying special attention to the Lampedusa humanitarian emerg…
The dark side of European immigration policy
More than ten years after the Treaty of Amsterdam came into force and after the programmes of Tampere and Aia, the Stockholm Programme , adopted last December 2009 for the period 2010-2014, has settled for the third time the area of "justice, freedom and security" with which EU presents itself. In relation to the Immigration policy the Stockholm Programme seals the term of security. Now Europe considers its area as a territory that withdraws into itself, through a security logic that caused the disappearance of the traces of the "freedom area". In fact, as it was affirmed in Tampere, this area can't be considered as a mere prerogative of the European citizens. In the name of security, prote…
Alimony in divorce in the Italian Legal System
The art. 5, Act 898/1970, as amended by the art.10, Act 74/1987, ruled the financial support for divorcing couples. The acknowledgement of the right to the alimony in divorce has great influence on the whole economic organization as consequence of the dissolution of marriage. The paper aims to clarify some parts of the rule that are particularly difficult to interpret, through the analysis of the different opinions of the doctrine and Courts making a comparison with the principal models of the European legal System. The first point regards the consequences to the choice of the Italian legislator to ascribe, in the new act, to the alimony in divorce a nature for living support only for maint…
Family reunification: the case of the Muslim migrant children in Europe
Adopting a child is not a legal concept recognized in Islamic law, which, while giving great importance to orphans and children’s rights, has introduced the legal institution of the Kafala. This institution can be defined as a commitment by the kafil to ensure maintenance, education and protection of a minor makfoul until his legal majority, in the same way as would a father to his son, but without creating any family relationship. For these reasons the Kafala cannot be compared to an international adoption, which, contrariwise, entails the creation of a parent-child relationship. On one side the Kafala is a legal concept recognized by International Law, in particular by the United Nations …
Multiculturalismo: un’indagine comparatistica
The increase of migratory fluxes coming from Asia and Africa has resulted in the consolidation of new ethnic minorities in Europe in the last four decades. European countries have become polyethnic states where their own norms and values coexist with the ones of minor communities. Nevertheless, the accommodation of cultural differences may be incompatible with the traditional values of Western societies, especially in the area of family law. Particularly, this thesis focuses on the three foundations of the Islamic Family Law which have encountered severe difficulties of application in Europe, especially in the Italian, French and British Legal Systems. This essay examines how the kafala, or…
Mafia and immigration: analysis of the “illegal street workers” in southern Italy
Purpose – The purpose of this paper is to investigate on the new forms of the “illegal street workers” involving immigrants in southern Italy. This new concept may include, at least, two kinds of illegal employment of immigrants which is, probably, managed by local criminal organizations; in particular, it may refer to the so-called “posteggiatore abusivo” and “lavavetri”. Design/methodology/approach – This is a new area of research. The methodology used has been based on a collection of interviews with these migrants. Probably, this methodology should be refined, but in this first phase of research, it was helpful in order to understand the existence of a criminal network that controls an…
Family reunification: the case of the Muslim migrant children in Europe
Adopting a child is not a legal concept recognized in Islamic law, who however giving a great importance to orphans and children's rights, has introduced the legal institute of the "Kafala". This institute can be defined as a commitment by the "kafil" to ensure maintenance, education and protection of a minor "makfoul" until his legal majority, in the same way as would a father to his son, but without creating any family relationship. For these reasons the “Kafala” can not be compared to an international adoption, which, contrariwise, entails the creation of a parent-child relationship. If, in one side the Kafala is a legal concept recognized by International Law, in particular by the Unite…