Per la libertà di movimento, per i diritti di cittadinanza

Minors – Court can safeguard them in spite of immigration laws

Immigration consolidated act art. 31 recognises Minors Court the right and duty of allowing residence papers to the parents of foreign minors when this is necessary in order to safeguard minors’ growth. This can occur in spite of dispositions concerning migrants’ entry in Italy.

Court is allowed to authorise stays in cases that would lead to the issuing of expulsion orders. Situations that are considered worthy and deserving (minors in great need of assistance) may lead to the fact that Minors Court authorises parents to lawfully live in our territories.
The aim of such authorisation is to grant effective protection to minors.

How can minors be safeguarded if their parents cannot work to support their children? In fact residence papers Court issues them do not allow to labour.

Court in Bologna studied this case and it assessed the unlawfulness of a provision adopted by police headquarters, which issued papers – as ordered by Minors Court – but papers were released on basis of justice and labour was denied them. Parents appealed to Civil Court, they disputed the legitimacy of the provision and they asked Court to verify whether they had the right to work in order to support their child or not. Civil Court in Bologna sentenced that the provision was absurd and that their papers entitled them to labour, of course.

It may seem absurd that a person needs to refer to court in order to be allowed to look for employment. We hope that headquarters now will act in a way that is consistent to law.