Education International Research
1. National legal framework and education policies The Italian legal framework guarantees the right to education for asylum seekers and refugees and, over the most recent period, educational initiatives have been launched to promote access to education for displaced children and youth.
1.1. The immigration legal framework Under Italian immigration law, minors cannot be expelled16 and have the right to education, regardless of their or their parent’s/responsible adult’s immigration status. Moreover, they are entitled to obtain a “minor” residence permit (permesso di soggiorno per minore età). This may be converted to an “adult” permit17 when they reach the legal age of majority (18 years old). In many respects, Italian immigration regulations offer a protective framework for the most vulnerable children travelling unaccompanied, regardless of whether or not they apply for international protection. They provide for the appointment of a legal guardian and the recognition of unaccompanied children’s fundamental rights such as the right to protection, health, education, adequate living conditions to ensure their wellbeing and social development, etc. Until 2014, unaccompanied minors were subject to the very same rules applying to Italian abandoned children. This meant that single municipalities were responsible for protecting and assisting them and each region was in charge of defining minimum standards for structures hosting them. However, given the unequal distribution nationally and with certain municipalities overburdened, the Italian authorities introduced new hosting arrangements for foreign unaccompanied minors. In some cases, this new reception scheme has caused violations of unaccompanied minors’ fundamental rights (cf. part II concerning the impact on the right to education) and, almost always, led to a deterioration of their integration process18.
16 Unless he/she follows the expelled parent (Legislative Decree 286/98, article 19.2.a). 17 Several types of permits can apply in this case: work, study, prospective employment, or health. 18 For an in-depth analysis of the Italian immigration legal framework concerning unaccompanied minors and its evolution over the recent period, refer to Rozzi, E. (2017) “In primo luogo minori? I diritti violati dei minori stranieri non accompagnati in Italia”, in Il diritto d’asilo. Report 2017. Minori rifugiati vulnerabili e senza voce, a cura di Delfina Licata e Mariacristina Molfetta, Fondazione Migrantes.
B8