Search results for "detention"
showing 10 items of 33 documents
Introduction: The Criminalization of Migration and European (Dis)Integration
2016
This Special Issue of European Journal of Migration and Law is devoted to analysing some relevant facets of the conflict, which we see at the heart of the current European approach to migration, between criminalization of migrants and migrants’ rights. But it is also devoted to outlining some strategies and practices through which the conflict might be avoided, or at least overridden. The papers focus on different facets of this overarching subject by adopting a European (EU and ECHR) perspective, as well as the perspective of specific MSs. Three domestic systems, in particular, are taken into consideration—the UK, France and Italy—and compared with the relevant European standards concernin…
Immigration Detention and Rule of Law in Italy
2013
Immigration detention challenges the principles of Rule of Law. Illustrating Italian law, case-law and legal practice on Administrative Detention, this research paper contributes to the discussion on common European guiding principles, called 'safeguarding principles' in the context of a funded research project led by researchers of the British Institute of International and Comparative Law
Lessons learnt from TB screening in closed immigration centres in Italy
2016
Background Between June 2012 and December 2013 Médecins Sans Frontières launched a pilot project with the aim of testing a strategy for improving timely diagnosis of active pulmonary TB among migrants hosted in four centres of identification and expulsion (CIE) in Italy. Methods This is a descriptive study. For active TB case finding we used an active symptom screening approach among migrants at admission in four CIE's. Here we describe the feasibility and the yield of this programme. Results Overall, 3588 migrants were screened, among whom 87 (2.4%) had a positive questionnaire. Out of 30 migrants referred for further investigations, three were diagnosed as having TB, or 0.1% out of 3588 i…
"A Detenção administrativa dos Estrangeiros irregulares na Itália e na União Europeia e o Direito humano fundamental à Liberdade privada e à ampla De…
2014
Na Itália, como em outros Estados da União Europeia, vem ocorrendo recentemente nos últimos anos o fenômeno da "detenção administrativa" dos cidadãos estrangeiros irregulares, bem como dos requerentes de asilo, a maioria proveniente da África, do Oriente Médio e da Península Balcânica. Esses imigrantes, pelo simples fato de terem ingressado irregularmente no território europeu, apesar da imigração ilegal não constituir delito, são privados da liberdade pessoal ou de circulação e permanência, sendo detidos pelas autoridades de segurança pública, às vezes sem a validação da autoridade jurisdicional, durante um período de tempo também muito prolongado, em determinados locais, formais ou inform…
Language Mediation and Aspects of Accommodation in the Use of ELF
2014
There are numerous varieties of English spoken in Italy today, each repre-sented by one or more of the various migrant communities living in the country. These manifestations of World englishes reflect a wide range of lexical, syntactical, phonetic, pragmatic, interpersonal and cultural features. This paper argues that an interpreter or language mediator trained in standard English may not necessarily be able to comprehend or make him/herself understood adequately in other varieties of English. Thus, the recruitment of mediators/interpreters requires a certain amount of caution in terms of language choice. In order to investigate intelligibility, comprehensibility and accommodation in the c…
Compensating acquitted pre-trial detainees
2015
Abstract Western legal systems are far from having provided the same solution to the problem of whether acquitted pre-trial detainees should be compensated for the harm suffered as a result of detention on remand. Various arguments have been formulated in order to justify or criticize this compensation, but the possible incentive effects of this compensation on criminal behavior has not yet been considered. This paper analyzes these effects, focusing on the case where detention was lawfully and diligently carried out by State agents, and not having been caused by negligence on the part of the detainee. The paper shows that such compensation can either deter crime or encourage it, depending …
Witnessing the experience of European bordering : watching the documentary Under den samme himmel in an immigration detention centre
2019
This article draws on theories of bordering and mediated witnessing to examine a documentary film that mediates migrants’ experiences of bordering in Europe. My analysis of Under den samme himmel/Days of Hope shows how the film captures the multiplicity of bordering practices, from geographical to socio-cultural borderings. The analysis is informed by watching and discussing the film in an immigrant detention facility in Finland with people who experienced and eye-witnessed experiences similar to those depicted in the film. This creates a sense of co-presence of the experiential landscapes in the border zones, and the film invites viewers to consider borders not as lines in the landscape, b…
Crescere in IPM. Il trattamento dei giovani adulti autori di reato
2017
Il trattamento dei giovani adulti all’interno delle strutture penitenziarie minorili, in seguito all’emanazione del D.L. 92/14 convertito in legge nel mese di agosto dello stesso anno, impone una riflessione e un’analisi sulle opportune modalita trattamentali non solo per i soggetti minorenni ma anche per giovani adulti tra i 18 e i 25 anni. Confrontarsi, infatti, con l’esigenza di rispondere in modo adeguato ai bisogni di una nuova tipologia di utenza e il principale compito dell’educatore penitenziario che necessita di programmi di formazione per acquisire competenze specifiche e costruire idonei percorsi trattamentali. Questi, se dotati di senso e rispondenti alle necessita di crescita d…
Factors in Assessing Recidivism Risk in Young Offenders
2020
The research aims to identify if the accumulation of protective and/or risk factors might predict the risk of recidivism in juvenile delinquents and determine the relative weight of both types of factors in the predictions themselves. The risk of criminal recidivism was assessed with the Structured Assessment of Violence Risk in Youth&mdash
Resisting Immigration Detention
2016
The aim of this article is to provide a normative analysis of the ways in which immigrants resist immigration detention. After having outlined (in Section 2) some general features that make immigration detention a rather abnormal condition for human beings to be kept in, I distinguish three main forms of resistance to it: institutionalized, non-institutionalized, and anti-institutional. I first spell out, in Section 3, some individual characteristics of these forms of resistance. Then (in Sections 4 and 5), using Italy as my test case, I suggest, for each of these forms, an interpretation of their normative meaning (that is, their meaning according to both the relevant legal rules and their…