ENOC Regional Meeting Athens, November 13-14, 2017

Transcription

1 ENOC Regional Meeting Athens, November 13-14, 2017

2 Unaccompanied minors IN ITALY September 30, 2015 September 30, 2016 September 30, 2017 Data: Ministry of Labour and Social Policies Directorate General for Immigration Division II

3 Unaccompanied minors GENDER 100,00% 90,00% 80,00% 70,00% 60,00% 50,00% 40,00% 30,00% 95,40% 95,10% 92,90% 20,00% 10,00% 4,60% 4,90% 7,10% 0,00% 30th April th April th April 2017 Male Female Data: Ministry of Labour and Social Policies Directorate General for Immigration Division II

4 Unaccompanied minors GENDER on 30th September ,9% 93,1% Male Female Data: Ministry of Labour and Social Policies Directorate General for Immigration Division II

5 60,00% Age 50,00% 40,00% 30,00% 59,60% 20,00% 10,00% 0,00% 23,80% 9,50% 6,50% 0,60% to 14 0 to 6 Data: Ministry of Labour and Social Policies Directorate General for Immigration Division II (30 September 2017)

6 Gambia Egypt Guinea Albania Nigeria Ivory Coast Morocco 1% Others (more than 20 nationalities) Kosovo Ghana Pakistan2% Afghanistan Somalia2% 2% 4% Bangladesh 5% Gambia 13% 7% Nationality Egypt 10% Eritrea Mali Senegal 5% Guinea 10% Senegal Bangladesh Somalia Pakistan Afghanistan Ghana Kosovo Morocco Others (more than 20 nationalities) Mali 6% Eritrea 7% Ivory Coast 8% Nigeria 8% Albania 9% Data: Ministry of Labour and Social Policies Directorate General for Immigration Division II (30 September 2017)

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8 LAW No. 47 of 7 th April 2017 on protection measures for unaccompanied minors entered into force on 6 May 2017

9 Highlights of the law 1. Non-refoulement 2. Identification of unaccompanied minors 3. Family investigations and foster care 4. Specific rights 5. Protection of minors victims of trafficking 6. Voluntary guardianship

10 Definition of unaccompanied foreign minor (art.2) Any minor without Italian or European citizenship who, for any reason, is on the Italian territory or is subject to Italian jurisdiction, and has no assistance or representation from his/her parents or from any other adults legally responsible under the Italian law in force.

11 1. Non-refoulement (article 3) Unaccompanied minors can NEVER be sent back at the border.

12 Social and health inspections aimed at assessing the minor's age can be ordered by the Prosecutor of the Republic at the Juvenile Court only where serious doubts on his/her age persist. Law No. 47 of 7th April Identification of unaccompanied minors (article 5) An interview with the minor must be organized to know his/her personal and family history and any other useful element for his/her protection. The presence of a cultural mediator must be guaranteed during the interview.

13 3. Family investigations (article 6) and foster care (article 7) Several governmental agencies join in conducting family investigations to determine whether the minor has appropriate family members who can take care of him/her. Where family members are detected, this solution must be preferred to the minors accommodation in reception centres. In the same way, foster care should always be preferred to the accommodation in a reception facility.

14 4. Specific rights Right to HEALTH (art. 14) Right to EDUCATION (art. 14)

15 4. Specific rights Right to BE HEARD (art. 15) Right to LEGAL ASSISTANCE (art. 16)

16 5. Protection of minors victims of trafficking (article 17) PARTICULAR PROTECTION SPECIFIC ASSISTANCE PROGRAMME ADEQUATE RECEPTION PSYCHO-SOCIAL ASSISTANCE HEALTH ASSISTANCE LEGAL ASSISTANCE LONG TERM SOLUTIONS

17 6. Voluntary guardianship (article 11)

18 It includes private citizens, selected and adequately trained Set up at the Juvenile Court ARTICLE 11 List of VOLUNTEER GUARDIANS Shall be created within 90 days following the entry into force of the law Memoranda of understanding Between Regional and Autonomous Provinces Ombudspersons for children and adolescents and Presidents of the Juvenile Courts

19 Selection and training procedures have to be carried out by the OMBUDSPERSONS of the Regions and Autonomous Provinces of Trento and Bolzano. The Italian Independent Authority for Children and Adolescents shall carry out training and selection procedures, where the Regional Ombudsperson has not been appointed (Aosta Valley, Tuscany and Abruzzo). Training courses are organized by the Italian independent Authority for children and adolescents to provide proper competences to the future guardians in these regions.

20 The system of voluntary guardianship introduced by the Law No. 47/2017 A private citizen who legally represents the child and who guides him/her in every choice and proceedings. On a voluntary basis and for free. No need of special skills, but a willing aptitude, some time and a good training.

21 The system of voluntary guardianship introduced by the Law No. 47/2017 Requirements: Italian citizenship/eu citizenship/non- EU citizenship with a regular residence permit At least 25 years old Civil and politic rights Behaviour with the greatest dignity AND No criminal conviction, no pending criminal proceedings or proceedings for the application of security or prevention measures No revocation or suspension of parental responsibility No withdrawal of entitlement to guardianship No conflict of interests with the minor

22 First training course The first training course realized by the Italian independent Authority for children and adolescents In Florence Great satisfaction Need to create a network that could support the future volunteer guardians in their day-to-day tasks The importance of everyone s contribution to guarantee children s rights

23 First training course STRUCTURE 4 consecutive days: from 20 th October 2017 to 23 rd October participants A total of 27 hours At the Istituto degli Innocenti of Florence Speakers: Ai.Bi. Amici dei bambini, United Nations High Commissioner for Refugees (UNHCR), Associazione per gli Studi Giuridici sull Immigrazione (ASGI), Autorità garante per l infanzia e l adolescenza, Caritas, Consiglio italiano per i rifugiati (CIR), Consiglio Nazionale Ordine Assistenti Sociali (CNOAS), Defence for Children, EASO, Fundamental Rights Agency (FRA), Istituto nazionale per la promozione della salute delle popolazioni migranti ed il contrasto delle malattie della povertà (INMP), International Organisation for Migration (IOM), On the Road Onlus, Salesiani per il Sociale, Save the Children, SOS Villaggi dei Bambini Onlus, Terre des Hommes, UNICEF.

24 First training course TOPICS International and national framework of children s rights The central Mediterranean migration route Data analysis about unaccompanied foreign minors in Europe and in Italy National reception system for unaccompanied foreign minors Focus groups Voluntary guardianship in Italy and its main actors Unaccompanied foreign minors rights Cultural mediation

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