Search results for "Migration Law"
showing 10 items of 16 documents
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…
Live-in migrant care worker arrangements in Germany and the Netherlands. Motivations and justifications in family decision-making
2019
Private households in ageing societies increasingly employ live-in migrant carers (LIMCs) to care for relatives in need of 24/7 care and supervision. Whilst LIMC arrangements are a common practice in Germany, they are only recently emerging in the Netherlands. Taking this development as a starting point, this study uses the countries’ different long-term care (LTC) regimes as the analytical framework to explore and compare the motivations and justifications of German and Dutch family carers who opt for an LIMC arrangment. Findings show that Dutch and German LTC regimes impact differently the decision-making processes of families, as well as on patterns of justification, through a combinatio…
Introduction. The Global Old-Age Care Industry. Tapping into Care Labor Across and Within National Borders
2021
A few weeks after the first COVID-19 infections were diagnosed in Germany, NGOs and experts in the field of old-age care warned of acute bottlenecks in the provision of care for older Germans. They feared that care workers from Eastern Europe who were travelling back to their home countries might not be able to return to Germany due to the closure of borders. As a result, up to 200,000 migrant care workers could be missing after Easter. The weekly German magazine Der Spiegel quoted one NGO’s spokesperson saying: “We already had a shortage of care workers, the crisis has been here for a long time.” Another NGO’s spokesperson was particularly concerned about older people in need of care who w…
Così in mare come in terra: cosa resta del diritto d’asilo e dell’orizzonte dei diritti umani
2021
Dopo avere illustrato brevemente i principi che sostanziano il diritto d'asilo, e la loro centralità all'interno del sistema dei diritti umani, il saggio analizza le politiche migratorie contemporanee per come agiscono ai confini dell'Unione europea, in special modo nel Mare Mediterraneo, e, in Italia, dopo l'ingresso sul territorio dei e delle richiedenti asilo. Queste politiche si dimostrano incompatibili con il rispetto dei principi dell'asilo, ed anzi strutturalmente improntate alla loro violazione, mettendo a rischio la tutela e l'esercizio delle libertà e dei diritti non solo per le persone migranti.
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.
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…
Family Carers’ Expectations and Strategies in Shaping Live-in Migrant Carer Arrangements: A Comparison Between Germany and the Netherlands
2021
Item does not contain fulltext This chapter analyzes different old-age care regimes with regard to the expectations family carers have vis-á-vis live-in migrant carer arrangements and the strategies they develop to shape them. It compares data from interviews with family carers in Germany and the Netherlands. While Germany’s old-age care regime places a high responsibility and financial burden on the family, the Netherlands provides a broad range of publicly funded health and social care services. The analysis reveals both differences and similarities between family carers in both countries. It shows that family carers in Germany rather favor family-like arrangements, whereas family carers …
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…
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…
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…