Paola Cavanna
Paola holds a Master in Law by Università Cattolica del Sacro Cuore (Italy), where she also obtained her Ph.D. defending a thesis on the prevention of labour exploitation, specifically targeting the agri-food sector. After two years' experience in the field as IOM Legal/Counter-Trafficking Specialist in the North of Italy, I am currently seconded at the Ministry of Labour and Social Policies carrying out the capacity building activities envisaged by the projects SU.PR.EME and ALT Caporalato! aimed at combatting migrants’ labour exploitation and marginalization.
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irregular migration in Italy, focusing on Article 10 bis, Consolidated Immigration Act and its troubled history. Indeed, contrary to the cultural message conveyed by the mass media in the aftermath of Law No. 67/2014, the crime of irregular entry or stay in Italy is still in force. The paper then seeks to assess the impact of such a policy on trafficking victims, in light of Italy’s obligations under international law. It argues that the use of criminal sanctions might result in impunity for exploiters, making
undocumented migrants more vulnerable to human rights abuses. In doing
so, the concept of «vulnerability created or exacerbated by the law»
as developed by Mantouvalou (2015) is employed. Finally, the article
proposes an innovative interpretation of Article 10 bis, Consolidated Immigration Act that aspires to be consistent with the Italian Constitution.
The article is divided in four sections. After an introduction of the issues at stake, official statistics on recorded crime are presented and their reliability discussed. In the second section Italy is at the centre of the reflection to provide tangible cases within a global perspective, at the intersection of labour market and migration policies. The third section investigates who is a victim of labour exploitation. Subsequently, the concept of corporate crime is introduced. Finally, specific policy recommendations are made for strengthening the currently available redress, leaving criminal law tools as the last resort.
irregular migration in Italy, focusing on Article 10 bis, Consolidated Immigration Act and its troubled history. Indeed, contrary to the cultural message conveyed by the mass media in the aftermath of Law No. 67/2014, the crime of irregular entry or stay in Italy is still in force. The paper then seeks to assess the impact of such a policy on trafficking victims, in light of Italy’s obligations under international law. It argues that the use of criminal sanctions might result in impunity for exploiters, making
undocumented migrants more vulnerable to human rights abuses. In doing
so, the concept of «vulnerability created or exacerbated by the law»
as developed by Mantouvalou (2015) is employed. Finally, the article
proposes an innovative interpretation of Article 10 bis, Consolidated Immigration Act that aspires to be consistent with the Italian Constitution.
The article is divided in four sections. After an introduction of the issues at stake, official statistics on recorded crime are presented and their reliability discussed. In the second section Italy is at the centre of the reflection to provide tangible cases within a global perspective, at the intersection of labour market and migration policies. The third section investigates who is a victim of labour exploitation. Subsequently, the concept of corporate crime is introduced. Finally, specific policy recommendations are made for strengthening the currently available redress, leaving criminal law tools as the last resort.