Human rights and immigration – right to asylum and refugee status

In matters of immigration, specifically in the right of asylum, the Italian Constitution provides that the foreigner, who is prevented in his country from the effective exercise of the democratic freedoms guaranteed by the Italian Constitution, has the right to asylum in the territory of the Republic, according to the conditions established by law. The right to asylum, however, should not be confused with the refugee status for which it is not sufficient that fundamental freedoms are generally violated in the country of origin, but the individual applicant must have suffered, or have a well-founded fear of being subjected to, specific acts. of persecution. The Italian internal rules, in concert with the legislation of the European Union such as the Dublin Convention and the Charter of Fundamental Rights of the European Union, and in concert with the international agreements of which the Geneva Convention allow the right to asylum to be granted or the recognition of refugee status, to individuals who reside outside the territory of the European Union to be able to enter and settle for specific periods and as long as the conditions legitimizing the request persist, within the territory of the Union itself. Depending on the individual cases legitimizing one of the two legal situations mentioned, it is clear that the current war in Ukraine as a nation not falling within the European Union first of all gives Ukrainian citizens the right to be recognized as refugees and secondly to the right to asylum. . Indeed, Italy has recently published a Legislative Decree. which recognizes, as a priority, temporary protection status for Ukrainian citizens until the end of 2022, with associated recognition of access to the Italian National Health Service for such immigrants. Furthermore, authorization has been temporarily recognized for all healthcare professionals of Ukrainian citizenship to be able to practice their profession in the territory of the Italian State.

 

 

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