Search results for "Immigration law"
showing 10 items of 10 documents
Lampedusa humanitarian emergency in 2011: the case of unaccompanied migrant minors
2012
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…
Centros de internamiento de extranjeros. Principales denuncias y novedades legislativas
2014
Los centros de internamiento de extranjeros fueron creados en España hace casi treinta años con la primera Ley de Extranjería y han constituido desde entonces un controvertido mecanismo de control de la política migratoria objeto de críticas y denuncias por la constante vulneración de derechos de los extranjeros que se han constatado. En marzo de 2014 se aprobó un nuevo Reglamento de funcionamiento y régimen interior de estos centros que pretende clarificar su régimen jurídico. En este estudio realizaremos un repaso de las principales denuncias que existen contra ellos y analizaremos algunos de los aspectos de la nueva regulación que hemos considerado más relevantes.
Los resgos para el dereho en tiempos de pandemia: el ejemplo paradigmàtico de los puertos italianos declarados inseguros
2021
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 affec…
The ideal restructuring of migrant families in the immigration law
2013
The legal configuration of kinship ties in immigration law is governed by a restrictive logic that combines a dependent and nuclear composition with mismatches in the concrete form of managing the distances, the dynamics and the times at origin and destination. The family model in immigration law has an ideal and dominant approach openly excluding other family realities in the social context. Law in an inherent tendency towards the ideal doesn’t allow a legitimate choice between autonomy and individual freedom in order to define or not the family project and own relationships. In this paper I discuss from a critical approach the inconsistencies presented by the current Spanish immigration l…
Yearly quotas and country-reserved shares in Italian immigration policy
2008
Regular immigration to Italy is based on a quota system setting annual ceilings to legal entries. Reserved shares are granted to single countries or categories of countries. Reserved shares have been increased; they are used as an incentive to obtain the cooperation of countries of origin in stemming irregular migration flows. The total quota of regular immigration has gradually increased too. Still, it does not fully respond to the growing demand of foreign workers on the labour market, and quotas seem to be used as crypto-regularisations rather than as an instrument for regulating legal entries.
The dark side of European immigration policy
2011
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…
Family reunification: the case of the Muslim migrant children in Europe
2014
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 …
La riunificazione familiare dello straniero nei trattati sui diritti umani
2010
Family reunification contributes to the integration of aliens in the countries of destination and the development of their personality as well, but it entails the increase in the demand for social facilities. As a consequence States tend to reduce the opportunities for family reunification. The study analyses the activity of the organs of control set up by the international conventions on human rights and aims at identifying the obligations on States’ sovereignty stemming from the rules of these conventions protecting family life or disciplining family reunification. In assessing the lawfulness of States’ rules on family reunification or decisions on individual cases these organs verify whe…
Child Protection in Mediterranean Countries: Italy and Greece
2023
Abstract This chapter explores the child protection systems in Italy and Greece. Both countries have to deal with immigrant children due to the conflict between the rights of minors and immigration laws on control and defense. In Italy, the child protection system is the result of a patchwork of norms and regulations addressing different societal demands and pressures. Family and cash-transfers are fundamental factors in Italy’s child welfare system. Greece, on the other hand, has adopted fragmented measures and policies connected with financial benefits, income support, social security, social care for disabled people, and rehabilitation for children at risk. The chapter also notes how the…
Nuevas perspectivas de análisis para entender la migración cualificada del sur de Europa hacia México
2018
This article focuses on skilled migration flows from Southern Europe into Mexico. From semi-structured interviews with Spanish and Italian immigrants living in four Mexican cities of Mexico, it addresses both reasons for immigration and labour incorporation in Mexican labour markets. Specifically, it explores: i) the role of the economic crisis and the lack of good employment in the countries of origin as a key factor when deciding an international migration; ii) the employment opportunities offered in Mexican labour markets for the highly-skilled immigrants, and iii) the role played by the Mexican state and its current immigration law when channelling this group into the labour market