Tesi etd-05042021-105935
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Tipo di tesi
Master di Primo Livello
Autore
QUARTARARO, SARA
URN
etd-05042021-105935
Titolo
Human Dignity in European Migration Policies: From European Union Law to the Reception System in Italy
Struttura
Istituto di Diritto, Politica e Sviluppo
Corso di studi
Corsi Alta Formazione - MASTER IN HUMAN RIGHTS AND CONFLICT MANAGEMENT
Commissione
relatore ANTONIAZZI, CHIARA TEA
Membro SOMMARIO, EMANUELE GIUSEPPE
Membro SOMMARIO, EMANUELE GIUSEPPE
Parole chiave
- human dignity
- migration
- reception system
Data inizio appello
14/05/2021;
Disponibilità
completa
Riassunto analitico
This dissertation critically analyses the migration and refugee law to highlight its link with the principle of human dignity protected by international, European and national legislations. Through desk-based research of a wide variety of sources, the study verifies whether EU law is a sufficient tool to protect human dignity and thus if Italy, implementing European norms, fully recognized the safeguard of this principle to migrants in the second phase of the reception system.
The research begins with an analysis of the principle of human dignity, traditionally considered mostly from a religious and philosophical point of view, as a legal concept. Today, human dignity is world-wide a cornerstone of many juridical instruments; however, in 1948 the Universal Declaration of Human Rights was the first document to codify the principle and to bring it into the human rights protection debate. Moreover, restricting the study to the European region, the conceptualization of the principle has taken shape not only thanks to Community law but also through national provisions as well as judgments of the European supranational Courts. These judicial decisions represent the connection between the purely theoretical dimension of the concept and its practical implementation in the human rights protection system.
Therefore, the study deepens the European legal framework on migration and asylum to investigate the inadequacy of its protection system mostly focused on the current EU priority, namely defend borders and identify third national citizens, instead of preserve and protect migrant’s human rights.
The dissertation uses the case study of Italy due to its strategic geographical position that makes this country a central actor within the migration phenomenon; but also for its progressist jurisprudence that has already interpreted, in some judgements, the principle of human dignity in a way to extend the guarantees recognized to asylum seekers and refugees.
The second phase of the Italian reception system was analysed giving great value to the material reception services. The emergency approach used to build the system has now become systematic and this determines many difficulties for civil society organizations, involved in the activity of reception, in providing a real integration process to the beneficiaries. The sad result is the marginalization of migrants, during and after their reception path, because the main goal to rebuild their independence and self-sufficiency has not been reached. Consequently, the unresolved social, as well as economic and psychological, weakness of migrants leads to a violation of their human dignity.
The research begins with an analysis of the principle of human dignity, traditionally considered mostly from a religious and philosophical point of view, as a legal concept. Today, human dignity is world-wide a cornerstone of many juridical instruments; however, in 1948 the Universal Declaration of Human Rights was the first document to codify the principle and to bring it into the human rights protection debate. Moreover, restricting the study to the European region, the conceptualization of the principle has taken shape not only thanks to Community law but also through national provisions as well as judgments of the European supranational Courts. These judicial decisions represent the connection between the purely theoretical dimension of the concept and its practical implementation in the human rights protection system.
Therefore, the study deepens the European legal framework on migration and asylum to investigate the inadequacy of its protection system mostly focused on the current EU priority, namely defend borders and identify third national citizens, instead of preserve and protect migrant’s human rights.
The dissertation uses the case study of Italy due to its strategic geographical position that makes this country a central actor within the migration phenomenon; but also for its progressist jurisprudence that has already interpreted, in some judgements, the principle of human dignity in a way to extend the guarantees recognized to asylum seekers and refugees.
The second phase of the Italian reception system was analysed giving great value to the material reception services. The emergency approach used to build the system has now become systematic and this determines many difficulties for civil society organizations, involved in the activity of reception, in providing a real integration process to the beneficiaries. The sad result is the marginalization of migrants, during and after their reception path, because the main goal to rebuild their independence and self-sufficiency has not been reached. Consequently, the unresolved social, as well as economic and psychological, weakness of migrants leads to a violation of their human dignity.
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