In times of economic crisis and increasingly open hostility towards the ‘foreigner’ (at least on the part of some sections of society and politics), we witness, among other things, numerous attempts by the national legislator, but also by regional ones – each in the exercise of their legislative powers – aimed at limiting migrants’ access to social rights. For example, sometimes this access is conditional on the possession of certain requirements, including, among the most problematic, that of long-term residence in the national and/or regional territory. The paper recalls the most recent constitutional jurisprudence on the point and focuses, in particular – for the closest connection with the “migrant minors” – on the analysis of sentence n. 107/2018, relating to the regulation of access to nursery schools: with it the Constitutional Court was able to reiterate that the territorial rooting cannot be assumed as a general and decisive requirement when it comes to responding to the individual’s primary needs, without violating the principles of reasonableness and equality, principles that cannot be abdicated even in the name of limited economic resources. In reality, the connection of the nursery service with the right to education, which, as is known, must be guaranteed to all regardless of the regularity of the stay, bases a reasonable doubt about the possibility that even the ‘simple’ residence, even before long-term residence, can be considered a valid criterion for accessing this service. From this point of view, even those legislative provisions that condition access to school canteens to the requirement of residence are questionable: in fact, this is a service which, since it is aimed at making effective the right to education and training, cannot, like this last one, be conditioned by the regularity of the stay and, therefore, by the residence. The paper, finally, focuses on the further attempt to limit the social rights of foreigners made through the c.d. “Security decree”: the introduction of rules aimed at hindering the registration – necessary for the issue of the residence certificate – of a particular, albeit limited, category of immigrants (asylum seekers), had the declared objective of prevent them from having access to a whole series of social benefits, but this attempt has been blocked at the moment by numerous judges of merit invested with disputes arising from the application of this legislation.

Social rights of migrant minors between the division of powers and the principle of equality. The access to nursery schools

NACCI MARIA GRAZIA
2019

Abstract

In times of economic crisis and increasingly open hostility towards the ‘foreigner’ (at least on the part of some sections of society and politics), we witness, among other things, numerous attempts by the national legislator, but also by regional ones – each in the exercise of their legislative powers – aimed at limiting migrants’ access to social rights. For example, sometimes this access is conditional on the possession of certain requirements, including, among the most problematic, that of long-term residence in the national and/or regional territory. The paper recalls the most recent constitutional jurisprudence on the point and focuses, in particular – for the closest connection with the “migrant minors” – on the analysis of sentence n. 107/2018, relating to the regulation of access to nursery schools: with it the Constitutional Court was able to reiterate that the territorial rooting cannot be assumed as a general and decisive requirement when it comes to responding to the individual’s primary needs, without violating the principles of reasonableness and equality, principles that cannot be abdicated even in the name of limited economic resources. In reality, the connection of the nursery service with the right to education, which, as is known, must be guaranteed to all regardless of the regularity of the stay, bases a reasonable doubt about the possibility that even the ‘simple’ residence, even before long-term residence, can be considered a valid criterion for accessing this service. From this point of view, even those legislative provisions that condition access to school canteens to the requirement of residence are questionable: in fact, this is a service which, since it is aimed at making effective the right to education and training, cannot, like this last one, be conditioned by the regularity of the stay and, therefore, by the residence. The paper, finally, focuses on the further attempt to limit the social rights of foreigners made through the c.d. “Security decree”: the introduction of rules aimed at hindering the registration – necessary for the issue of the residence certificate – of a particular, albeit limited, category of immigrants (asylum seekers), had the declared objective of prevent them from having access to a whole series of social benefits, but this attempt has been blocked at the moment by numerous judges of merit invested with disputes arising from the application of this legislation.
File in questo prodotto:
File Dimensione Formato  
Nacci-Social rights.pdf

accesso aperto

Tipologia: Documento in Versione Editoriale
Licenza: Creative commons
Dimensione 1.27 MB
Formato Adobe PDF
1.27 MB Adobe PDF Visualizza/Apri

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11586/242324
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact