CORRUPTION

Between Criminal Justice and Human Rights
As a result of the high rate of human trafficking that occurs in
and around Italy, the country has taken a particular approach to
combatting human trafficking...
on humanitarian grounds, the so-called “permesso di soggiorno per motivi di protezione sociale” —a
residence permit for reasons of social protection—which was introduced in Article 18 of the Italian
Consolidated Act on Immigration (Legislative Decree No. 286/1998, better known as “Testo Unico
sull’Immigrazione”). A detailed examination of Article 18 demonstrates the potential of the Italian
system of protection for trafficking victims.
Italy’s national approach to combatting trafficking can be contrasted with existing international and
European legal frameworks. One important distinction centers on the demands of international and
European frameworks: Although most European states have adopted measures to fight trafficking,
these same measures (in most cases) demand that trafficked persons cooperate with national
authorities in prosecuting identified traffickers in order to be admitted to a comprehensive protection
and assistance program, wherein trafficked persons have the possibility to obtain a residence permit.
This demand for cooperation is present not only in European measures, but in America’s antitrafficking
measures too, and it limits the actual protection intended to be provided by the very same
measures. For example, the residence permits afforded by these measures are not automatically
permanent; in many cases, such permits are not renewed after the end of a trial against an identified
trafficker or if the outcome of the trial is not favorable. 6
International Affairs Forum
By contrast, Article 18 of the Italian Consolidated Act on Immigration does not stipulate that victims’
protection necessarily depends on their cooperation with national authorities in anti-trafficking
cases. It is not a reward policy. Article 18 7 provides for more protective measures for trafficked
persons, giving them the opportunity to be admitted to a full assistance and protection program
and to obtain a residence permit. An important amendment to Article 18 was introduced in 2006 8 ,
and this amendment extended the provision of Article 18 to not only victims that were identified as
third-country nationals, but also to citizens of the European Union who find themselves in a situation
of “serious and present danger.” The provision of Article 18 deals with one of the several existing
typologies 9 , provided by the Italian legislation on immigration, of issuing a residence permit 10 , in
those particular cases where national authorities or local institutions verify violence and serious
exploitation situations toward foreign people, and there is a real danger for their safety. Article 18 tries
to balance different interests, such as the protection of victims’ rights (according to Article 2 of the
Italian Constitution) on one hand, and the need to prevent and control crimes in keeping with safety
and public order on the other hand. The social protection offered to the “foreigner” (victim of violence
and exploitation) is aimed at social integration. In order to ensure full protection and social integration,
Article 18’s residence permit must be issued as “a residence permit on humanitarian grounds”, thus
protecting victims’ privacy. The provision of Article 18 is rather complex, because it introduces two
different procedures to obtain a residence permit: a judicial path and a social path.
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