A/HRC/43/44/Add.6
ADDENDUM 2
CHANGES INTRODUCED BY THE LAW-DECREE N.
113/2018 (MINISTRY OF INTERIOR)
The following note has the aim to submit the remarks of the Department for civil liberties
and immigration-Ministry of Interior on the Report of the Special Rapporteur on the right to
food. The observations concern the modifications on the reception of asylum seekers
introduced by law-decree 113/2018, mentioned in several paragraphs of the Report.
As far as the right to asylum is concerned, it should be noted that the changes introduced by
law-decree 113/2018 have not modified the general system of protections for those who flee
persecution for reasons of race, religion, nationality, political opinion; for those who run the
risk of death sentences or torture in their country of origin; for those risking their lives
because of armed conflicts in their country of origin.
At the same time, those who are in conditions of particular humanitarian need continue to be
protected. In this respect, the new legislation ensures forms of protection for humanitarian
needs, complementary to international protection.
To this end, article 1 of the aforementioned law-decree has typified the forms of humanitarian
protection, providing for “exceptional cases of temporary protection of the foreigner, in
presence of humanitarian needs not allowing repatriation”, attributable to the following
cases:
Medical treatment;
Social protection;
Victims of domestic violence;
Situations of exceptional calamity;
Deeds of particular civil value;
Cases for which the international protection is rejected and the non-refoulement
principle must be applied.
Concerning the reception, asylum seekers - including families with minors - are hosted in
first reception centres, as referred to in articles 9 and 11 of Legislative Decree 142/2015. In
these centres, essential material conditions and services are ensured, such as board and
lodging, pocket-money supply as well as health, legal and social assistance, information and
linguistic-mediation services. 60 days after submitting the asylum application, Asylum
seekers are also enabled to work.
The holders of international protection (refugee status or subsidiary protection) are entitled
to the reception in the “protection system for holders of international protection and
unaccompanied foreign minors (SIPROIMI). Within this system, the beneficiaries are
supplied with specific services for social and work integration.
The reception in the SIPROIMI (when other specifically dedicated protection systems are not
available) is also open to the holders of the new temporary residence permits of humanitarian
nature issued for:
“special cases” (for social protection, such as victims of trafficking of human beings,
victims of domestic violence and serious labour exploitation, referred to in articles
18, 18 bis and 22, paragraph 12-quarter of Legislative Decree 286/1998);
medical treatment (article 19, paragraph 2, letter d-bis of Legislative Decree
286/1998);
deeds of particular civil value (article 42-bis of Legislative Decree 286/1998).
Finally, it is important to remark that law-decree 113/2018 also states that the holders of a
humanitarian residence permit issued on the basis of the previous discipline, may remain in
the reception system until the expiry of the project in which they have been inserted and, if a
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