Immigrazione e diritti umani. Asilante e rifugiato

Abstract

Immigration refers to an issue that occupies a central importance and arouses con_tinuing interest on the national scene, as highlighted "from the Constitutional Court, that has recently emphasized the phenomenon of massive migration flows of the present time, which poses serious social and humanitarian problems and security". The present line of the Italian government, including integration and deportation, privileges, by far, the second aspect, indeed anticipating it using the impedimenta! device of the refusal, which totally prevents the entry of foreigners into the territory; on the other hand, it introduces the crime of illegal entry and residence within the state, which criminalizes a conduct that has always been considered irrelevant. This choice digs, however, a deep divide between citizens and non-EU. The question, regarding the recent rejections that date back to the current government line and, in particular, to the Interior Minister Maroni, can therefore be formulated: are rejections legitimate when they are appropriate (if not direct) to obstruct the exercise of the right of asylum and the recognition of refugee status? Impedimenta! rejections may be considered unlawful if the analysis identifies, for devices of contrast, precise national and supranational rules and regulations of barrier. In this regard, the famous Geneva Convention contains specific provisions. Asylum belongs to the class of rights.