A/HRC/42/44/Add.2
the IOM and Europol, there are also cultural mediators, who can facilitate the
communication.
5.
Furthermore, by recalling section B.8 of the above document, entitled: "Provision of
comprehensive information on the functioning of the international protection procedures as
well as on relocation and assisted voluntary repatriation", it is possible to highlight how these
activities are intended for an informed knowledge of the applicant for international
protection.
6.
Article 18 of the TUI provides for a special residence permit, which can be issued to
victims of trafficking. Pursuant to paragraph 6-bis of Article 18 of the TUI, this provision is
applicable, as compatible, also to citizens of Member States of the European Union who are
in a situation of serious and actual danger.
7.
In this respect, it is to be recalled Legislative Decree No. 24/2014, which, by
translating European Directive 2011/36/EU concerning the prevention and repression of
trafficking in human beings and the protection of victims, integrated the aforementioned
Article 18 of Legislative Decree No. 286/1998. This provides that a single program of
emergence, assistance and social integration is applied to foreigners victims of trafficking,
on the basis of the national action plan against trafficking and the serious exploitation of
human beings2, as established by Decree of the President of the Council of Ministers,
together with the Minister of Interior, the Minister of Labor and Social Policies, and the
Minister of Health3.
8.
Furthermore, on December 3, 2018, it was published in the Official Journal No. 281,
Act No. 132/2018 (in force since 4 December 2018), establishing the conversion into law
with amendments of Law-Decree No. 113/2018 (in force since 5 October 2018). These pieces
of legislation, impacting on international protection and immigration, fall within national
legislation which has been amended, inter alia, by superseding the stay permit for
"humanitarian reasons" and the parallel introduction of special cases of a residence permit
which, in any case, guarantee particular forms of protection against expulsion from the
national territory, in an exceptional situation in which a foreigner is.
9.
At the same time, some types of residence permits, which in any case made direct
reference to humanitarian reasons, took the name of residence permits for special cases:
among these ones, it is to be mentioned also the aforementioned residence permit referred to
in Article 18 (stay permit for social protection reasons), the most important features of which
are reported below.
10.
Article 18 of the TUI concerning the residence permit for social protection purposes,
as mentioned, aims to the protection of victims of trafficking in human beings. This permit
has a duration of six months and can be renewed for a year term or for a longer period as
required for justice reasons, besides being revocable when the requirements that justified its
release no longer exist.
11.
The aforementioned permit also entitles to access to welfare and study services, as
well as the registration in the employment lists and the performance of paid employment,
subject to the minimum age requirements. If, on expiry of the residence permit, the person
concerned appears to have an employment relationship in progress, the permit may be further
extended or renewed for the duration of the this labour relationship. Furthermore, the
residence permit under reference can be converted into a residence permit for study purposes
if the holder is enrolled in a regular course of study.
12.
The residence permit for special protection is also issued to victims of trafficking,
upon proposal of the Public Prosecutor or the Social Services of the local authority, to allow
the victim to exit from violence and to participate in an assistance and integration program.
The release of the residence permit under reference is not subject to the victim's willingness
2
3
The National Plan of Action against Trafficking in Human Beings and Serious Exploitation, 2016 –
2018, was adopted by Council of Ministers on 26 February 2016.
Decree, dated 16 May 2016.
3
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