It seems that measures in favor of a social inclusion program for “those already here” who are legal residents and a predominantly security approach focused on opposing illegal immigration can proceed on two parallel paths neither communicating nor interfering with each other. What will be the consequences of proceeding in such a manner? This paper aims to provide possible answers by analyzing the provisions of the EU Pact on Migration and Asylum and Action Plan on Integration and Inclusion for both accompanied and unaccompanied minors. To this end, we will look at the laws of the European Court of Justice and the European Court of Human Rights and how they evolved in relation to the detention of minors, reception conditions and so-called “Dublin transfers,” and highlight the impact of restricting rights and measures judged to be contrary to the best interest of the child, on the minor’s development and their social inclusion process in the country of arrival (if there is to be one). Lastly, from the Italian legal system point of view, we propose a reading of the Italian integration plan of 2017 for holders of an international protection status, the fostering of social integration introduced by Italian Decree-Law no. 130 of October 21, 2020, converted with amendments into Italian Law 173/2020, and the failure to recognize the principle of social inclusion in the so-called “Salvini Decree”.

The right to education of unaccompanied minors and the persistence of an education gap their transition to adulthood

Quadranti, Isolde
2021

Abstract

It seems that measures in favor of a social inclusion program for “those already here” who are legal residents and a predominantly security approach focused on opposing illegal immigration can proceed on two parallel paths neither communicating nor interfering with each other. What will be the consequences of proceeding in such a manner? This paper aims to provide possible answers by analyzing the provisions of the EU Pact on Migration and Asylum and Action Plan on Integration and Inclusion for both accompanied and unaccompanied minors. To this end, we will look at the laws of the European Court of Justice and the European Court of Human Rights and how they evolved in relation to the detention of minors, reception conditions and so-called “Dublin transfers,” and highlight the impact of restricting rights and measures judged to be contrary to the best interest of the child, on the minor’s development and their social inclusion process in the country of arrival (if there is to be one). Lastly, from the Italian legal system point of view, we propose a reading of the Italian integration plan of 2017 for holders of an international protection status, the fostering of social integration introduced by Italian Decree-Law no. 130 of October 21, 2020, converted with amendments into Italian Law 173/2020, and the failure to recognize the principle of social inclusion in the so-called “Salvini Decree”.
978-3-030-75594-2
unaccompanied minors
minori stranieri non accompagnati
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11562/1060980
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