On October 6, Italy implemented a new legislative change designed to address the treatment of unaccompanied minors who are seeking asylum.
In a statement issued on the same date, the European Commission said that this new decree brings two significant changes in the reception and integration of minors. First, it shifts from the standard procedure for accommodating unaccompanied minors within the reception and integration (SAI) system.
Second, the decree has implemented new age determination protocols as well, applicable to continuous and frequent arrivals of unaccompanied minors. In these circumstances, age verification will be carried out using a medical procedure, namely a “radiological examination”, administered by the police authorities.
According to the authority, when there is a continuous flow of unaccompanied minors and local municipalities cannot ensure their reception, the responsibility falls on the local offices of the Italian Ministry of the Interior.
If these structures are temporarily unavailable, the prefect may order the temporary placement of the minor – if they appear to be over the age of 16 – in a special section not specifically reserved for minors for a maximum period of 90 days.
In this regard, the Commission said that unaccompanied minors who appear to be older than 16 could be assigned to adult reception centres, a practice that has previously drawn criticism from the European Court of Human Rights.
As the same explains, this approach is in contrast with the Italian provisions defined by the ‘Zampa law’, as it is based on the assessment of age carried out through a multidisciplinary process involving trained professionals and the presence of a cultural mediator.
Since 2017, unaccompanied minors have been granted protection under a special regime mainly based on the presumption of their minority. This practice resulted in children under 18 being subject to special regulations and housed separately from adults. Under the new decree, there are provisions for deporting immigrants who make false claims about their age.
Moreover, Meloni’s ruling coalition came to power last year with a pledge to tighten immigration policies. However, Italy recorded a significant influx of migrants, with over one million immigrants since 2013.
Data from the NGO Save the Children also show that over 28,000 migrants have tragically lost their lives trying to reach Italy via the Mediterranean, including around 1,143 minors.
This year alone, more than 100 minors, accounting for four per cent of the total, have either gone missing or died while attempting the dangerous Mediterranean crossing.
Moroever, since 2014, around 112,000 unaccompanied minors have successfully reached Italy by sea. Further data have revealed that since the beginning of this year, more than 11,600 minors have made the perilous journey across the Mediterranean and arrived in Italy unaccompanied.
