This contribution offers a reflection on the reception system in Italy, following the law n. 47/ 2017, that ensures the reception of any UAMs and a system of rights to be guaranteed until adulthood. Such as reception in a UAMs center, formulation of an individual project, guardianship, registration in the national health system, right to study, right to a free legal defense, right to be heard, and the possibility of a “prosieguo amministrativo” up to 21 years. The literature highlights the difficulties in implementing the law, given the lack of national tools required by the provision itself, it also highlights the limits of a national approach in the reception system and a lack of coordination between regional and local bodies, resulting in a deficit in ensuring the best interest of the minor himself. Authors underline the difficulties of a transition from the extensive protection accorded to UAMs to the adulthood conditions, experienced by minors almost in a traumatic way. Research shows that some of the minors coming are aware of this difference, arriving in Italy shortly before the age of eighteen and experiencing the relationship with the family of origin in a concealed and guilty way. In the central part, we will focus on the difficulties related to the implementation of a national law that does not foresee (if not for the legal defense) changes in expenditure in the state budget. Some of the provisions are yet to be implemented while others have had significant developments. The relationship between national legislation and regional provisions is in this regard crucial to understand the effective realization of children's rights and their access to the welfare system. As national gaps have been the subject of several, albeit different, regional provisions. Lastly, the analysis will highlight the difficult transition of minors to adulthood, also seen as the loss of safeguards and security towards an uncertain horizon. The different regional and local strategies put in place and the recent national restrictive reforms in reception will be considered. The analysis will take into account the differences of origin, age and path of the children themselves which determine differences in their usage of welfare services and benefits. The research will be carried out with a normative analysis of national and regional provisions, which will take into account laws, decrees, administrative regulations and MoU between institutions and CSOs. The reports of the main institutional and non-governmental bodies will be consulted. The research will also make use of qualitative tools consisting of interviews with operators, experts and representatives of institutional bodies.

“The reception of unaccompanied foreign minors (UASC) in the transition from minor to the majority in the Italian system: regional differences and national provisions” / Lunardini, Marianna. - (2020). ((Intervento presentato al convegno ESPAnet 2020 - Stream 8: Migration, Integration, and the Welfare State tenutosi a Leuven.

“The reception of unaccompanied foreign minors (UASC) in the transition from minor to the majority in the Italian system: regional differences and national provisions”

Lunardini, Marianna
Primo
2020

Abstract

This contribution offers a reflection on the reception system in Italy, following the law n. 47/ 2017, that ensures the reception of any UAMs and a system of rights to be guaranteed until adulthood. Such as reception in a UAMs center, formulation of an individual project, guardianship, registration in the national health system, right to study, right to a free legal defense, right to be heard, and the possibility of a “prosieguo amministrativo” up to 21 years. The literature highlights the difficulties in implementing the law, given the lack of national tools required by the provision itself, it also highlights the limits of a national approach in the reception system and a lack of coordination between regional and local bodies, resulting in a deficit in ensuring the best interest of the minor himself. Authors underline the difficulties of a transition from the extensive protection accorded to UAMs to the adulthood conditions, experienced by minors almost in a traumatic way. Research shows that some of the minors coming are aware of this difference, arriving in Italy shortly before the age of eighteen and experiencing the relationship with the family of origin in a concealed and guilty way. In the central part, we will focus on the difficulties related to the implementation of a national law that does not foresee (if not for the legal defense) changes in expenditure in the state budget. Some of the provisions are yet to be implemented while others have had significant developments. The relationship between national legislation and regional provisions is in this regard crucial to understand the effective realization of children's rights and their access to the welfare system. As national gaps have been the subject of several, albeit different, regional provisions. Lastly, the analysis will highlight the difficult transition of minors to adulthood, also seen as the loss of safeguards and security towards an uncertain horizon. The different regional and local strategies put in place and the recent national restrictive reforms in reception will be considered. The analysis will take into account the differences of origin, age and path of the children themselves which determine differences in their usage of welfare services and benefits. The research will be carried out with a normative analysis of national and regional provisions, which will take into account laws, decrees, administrative regulations and MoU between institutions and CSOs. The reports of the main institutional and non-governmental bodies will be consulted. The research will also make use of qualitative tools consisting of interviews with operators, experts and representatives of institutional bodies.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/1486187
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