Papers by Paola Cavanna
The European Union promotes sustainable development, free and fair trade and intends to protect h... more The European Union promotes sustainable development, free and fair trade and intends to protect human rights. In this context, the paper seeks to make explicit the linkage between right to food and right to work. Parodoxically, agricultural workers often have the least resources to access safe, nutritious and sufficient food; on the contrary ‘decent work’ is pivotal to ensure long-term sustainable growth, thus to eradicate poverty and hunger. Despite a solid legal framework, evidence of labour exploitation abounds across Europe. The contention is that a better understanding of the phenomenon might suggest a more promising range of tools for action. Coherently, specific policy recommendations are made for strengthening the currently available redress, leaving criminal law tools as the last resort.
Business and Human Rights in Europe, 2018
The text illustrates and tries to systematize the legal position of minors in general and foreign... more The text illustrates and tries to systematize the legal position of minors in general and foreign minors in particular, to then focus on minors who are victims of trafficking and/or exploitation, framing the complex phenomenon in the light of national, European, and international laws. The writer aims above all to highlight the reasons for the particular vulnerability of migrant children and subsequently analyze the responses of the legal system to verify its effectiveness in preventative terms. The programs of assistance and social integration ex art. 18 T.U.I are the focus of this discussion as they expose the bright side of criminal law that deals not only with the general prevention and suppression of crime but also to sanction, albeit ex post, the legal right violated (a person’s dignity), through measures of protection and support to victims.
Labour Migration in Europe Volume II, 2018
The fight against labour exploitation is a top priority in the current global agenda. Italy has r... more The fight against labour exploitation is a top priority in the current global agenda. Italy has recently reset its legal framework to implement European Union and international standards, while for some time it has had an integrated system aimed at both tackling the phenomenon and protecting victims. Yet despite the estimated scale of the phenomenon and the available legal tools, the prosecution of cases of labour exploitation continues to be rare. This chapter focuses on the main reasons why victims are reluctant to report abuse, that is, the real danger of being charged with the offence of “irregular entry or stay” and ultimately expelled if undocumented. Indeed, the fear of having to leave the host country has been identified as the main reason why victims avoid seeking legal protection and remedies, even when they are entitled to them. The same law-enforcement agencies often fail to identify victims of trafficking by merely looking at their irregular status. The essay is divided into three sections. First, it analyses the phenomenon, specifically targeting the Italian agri-food sector. After citing the large number of rules governing all forms of labour exploitation, it will be argued that criminalization of irregular immigration may result in impunity for exploiters, making (undocumented) migrants more vulnerable to human rights abuses. In doing so, the concept of “vulnerability created or exacerbated by the law” as developed by Mantouvalou (The Right to Work. Legal and Philosophical Perspectives. Hart Publishing, Oxford, 2015) will be employed. Finally, specific policy recommendations will be made, leaving criminal law tools as the last resort.
Journal of Modern Slavery, 2018
The fight against contemporary forms of slavery is a top priority in the current global agenda. T... more The fight against contemporary forms of slavery is a top priority in the current global agenda. This article reviews and assesses the domestic diversity of labour exploitation regulation. In part 1, the article reviews the concept of labour exploitation in international and European law, whilst part 2 provides an overview of three legal frameworks - Italy, Spain and the UK. A comparative analysis considers the extent to which these countries implement international legal obligations both in law and practice. Finally, the article seeks to promote cross-fertilisation of experiences and dialogue among legal practitioners, both domestically and between different countries.
Archiwum Kryminologii, 2018
Despite a solid legal framework, labour exploitation seems to be "the way of production"... more Despite a solid legal framework, labour exploitation seems to be "the way of production"in the Italian agricultural sector, built around the goal of cutting costs and maximisingprofits through underpayment of wages. Long working hours and underpayments,physical and psychological violence, the control over the workers' mobility and extrapaymentsfor food and water have led the media to decry the existence of "modernslavery". The paper aims to provide a picture of the phenomenon, overcoming a stereotypicalperception of victims while challenging the assumption that criminal law isthe panacea. Indeed, the contention is that a better understanding of the phenomenonand its complexities might suggest a more promising range of tools for action.The article is divided into three sections. After an introduction of the issues at stakewithin the EU context, official statistics on recorded crime at the global, European andnational levels are presented and their reliability ...
The fight against labour exploitation is a top priority in the current global agenda. Italy has r... more The fight against labour exploitation is a top priority in the current global agenda. Italy has recently reset its legal framework to implement European Union and international standards, while for some time it has had an integrated system aimed at both tackling the phenomenon and protecting victims. Yet despite the estimated scale of the phenomenon and the available legal tools, the prosecution of cases of labour exploitation continues to be rare. This chapter focuses on the main reasons why victims are reluctant to report abuse, that is, the real danger of being charged with the offence of “irregular entry or stay” and ultimately expelled if undocumented. Indeed, the fear of having to leave the host country has been identified as the main reason why victims avoid seeking legal protection and remedies, even when they are entitled to them. The same law-enforcement agencies often fail to identify victims of trafficking by merely looking at their irregular status. The essay is divided...
The paper examines the legal regimes surrounding the criminalization of irregular migration in It... more The paper examines the legal regimes surrounding the criminalization of irregular migration in Italy, focusing on Article 10 bis, Consolidated Immigration Act and its troubled history. Indeed, contrary to the cultural message conveyed by the mass media in the aftermath of Law No. 67/2014, the crime of irregular entry or stay in Italy is still in force. The paper then seeks to assess the impact of such a policy on trafficking victims, in light of Italy’s obligations under international law. It argues that the use of criminal sanctions might result in impunity for exploiters, making undocumented migrants more vulnerable to human rights abuses. In doing so, the concept of «vulnerability created or exacerbated by the law» as developed by Mantouvalou (2015) is employed. Finally, the article proposes an innovative interpretation of Article 10 bis, Consolidated Immigration Act that aspires to be consistent with the Italian Constitution.
Transfer: European Review of Labour and Research
Drawing on both semi-structured interviews and desk-based research, this article contributes to a... more Drawing on both semi-structured interviews and desk-based research, this article contributes to a more nuanced understanding of how asylum-seekers may find themselves trapped in conditions of ‘hyper-precarity’ in Austria, Finland and Italy, and how their vulnerabilities compare to those of other groups of workers. The first section of the article explains the different histories of Austria, Finland and Italy in terms of hosting asylum-seekers, before outlining the recent labour market dynamics of each of these countries. This is followed by a theoretical discussion of the different elements constituting the ‘hyper-precarity trap’ as experienced by asylum-seekers. These elements include discussions of precarity, vulnerability and law. The third section explains how the interviews and desk-based research were conducted and analysed. The fourth and final section of the article presents findings and their implications.
The intense migration flows peaking in 2015, and the subsequent events, represented a watershed m... more The intense migration flows peaking in 2015, and the subsequent events, represented a watershed moment for Europe and its neighbours, which have led towards a re-definition of the cohesion challenges and opportunities in the Adriatic-Ionian and Danube macro-regions. The whole area is simultaneously experiencing (i) a demographic decline combined with an expanding urbanization towards the capitals; (ii) an ‘internal’ macro-regional movement of people in search of better life conditions; (iii) an ‘external’ mobility involving people who are simply leaving their country of origins for other destinations (mainly Western EU Member States, or overseas). Building further on data collection, territorial typologies and case studies, a number of specific policy recommendations are made for improving migration management in the Adriatic-Ionian and Danube macro-regions, also taking into account territorial needs in the framework of the EUSAIR and EUSDR strategy and the ETC programmes.
http://www.glawcal.org.uk/research/business-and-human-rights-in-europe-international-law-challenges, 2019
There has been debate over whether and how companies can be held accountable for their adverse im... more There has been debate over whether and how companies can be held accountable for their adverse impacts on society and those of their subcontractors and/or suppliers in a global context. Building on positive steps around disclosure and due diligence, the paper aims at reviewing and assessing the corporate liability for failure to properly act with due diligence to prevent certain offences under the Italian legal framework, i.e. Legislative Decree No. 231/2001. The article is divided into three sections. After an overview on recent developments in the area of B&HR, the second section will review and assess the Italian mode of liability that blends together ‘criminal’ law procedures with a due diligence defense. Its compatibility with the UNGPs will be explored. In the final section, the article will consider the ability of the Italian system to provide redress for victims of human rights violations occurring in the context of business activities.
Journal of Modern Slavery, 2018
The fight against contemporary forms of slavery is a top priority in the current global agenda. T... more The fight against contemporary forms of slavery is a top priority in the current global agenda. This article reviews and assesses the domestic diversity of labour exploitation regulation. In part 1, the article reviews the concept of labour exploitation in international and European law, whilst part 2 provides an overview of three legal frameworks - Italy, Spain and the UK. A comparative analysis considers the extent to which these countries implement international legal obligations both in law and practice. Finally, the article seeks to promote cross-fertilisation of experiences and dialogue among legal practitioners, both domestically and between different countries.
The paper examines the legal regimes surrounding the criminalization of
irregular migration in It... more The paper examines the legal regimes surrounding the criminalization of
irregular migration in Italy, focusing on Article 10 bis, Consolidated Immigration Act and its troubled history. Indeed, contrary to the cultural message conveyed by the mass media in the aftermath of Law No. 67/2014, the crime of irregular entry or stay in Italy is still in force. The paper then seeks to assess the impact of such a policy on trafficking victims, in light of Italy’s obligations under international law. It argues that the use of criminal sanctions might result in impunity for exploiters, making
undocumented migrants more vulnerable to human rights abuses. In doing
so, the concept of «vulnerability created or exacerbated by the law»
as developed by Mantouvalou (2015) is employed. Finally, the article
proposes an innovative interpretation of Article 10 bis, Consolidated Immigration Act that aspires to be consistent with the Italian Constitution.
Despite a solid legal framework, labour exploitation seems to be “the way of production” in the ... more Despite a solid legal framework, labour exploitation seems to be “the way of production” in the Italian agricultural sector, built around the goal of cutting costs and maximising profits through underpayment of wages. The paper aims to provide a picture of the phenomenon, overcoming a stereotypical perception of victims while challenging the assumption that criminal law is the panacea.
The article is divided in four sections. After an introduction of the issues at stake, official statistics on recorded crime are presented and their reliability discussed. In the second section Italy is at the centre of the reflection to provide tangible cases within a global perspective, at the intersection of labour market and migration policies. The third section investigates who is a victim of labour exploitation. Subsequently, the concept of corporate crime is introduced. Finally, specific policy recommendations are made for strengthening the currently available redress, leaving criminal law tools as the last resort.
Contemporary migration flows represent the largest movement of people to European countries since... more Contemporary migration flows represent the largest movement of people to European countries since the Second World War, raising both challenges and opportunities for local territories. The report focuses on the Balkan route, being one of the main access points to the EU. The whole area is simultaneously experiencing (i) a demographic decline combined with an expanding urbanization towards the capitals (e.g. Tirana in Albania; Zagreb in Croatia; and Podgorica in Montenegro); (ii) an ‘internal’ macro-regional movement of people in search of better life conditions; (iii) an ‘external’ mobility involving people who are simply leaving their country of origins for other destinations (mainly Western EU Member States, or overseas). The research is aimed at mapping and better understanding these flows through data collection (both quantitative and qualitative indicators), also for the purpose of assessing their impact on urban and territorial cohesion.
L’application judiciaire des normes juridiques concernant les manifestations de la religion (que ... more L’application judiciaire des normes juridiques concernant les manifestations de la religion (que ces normes visent à protéger ou à cantonner ces manifestations) pose, parfois, la question de déterminer la religiosité de certaines manifestations (croyances ou pratiques) rattachées à la religion. C’est cette question que l’on propose d’étudier en nous focalisant sur les croyances et pratiques rattachées à l’Islam et ceci dans une approche comparative. Après avoir étudié des décisions, provenant de différents ordres juridiques, se prononçant sur cette question, il nous est apparu que deux approches peuvent être identifiées. La première – prévalente en Europe et en Amérique du Nord – est l’approche subjective qui considère que c’est le croyant qui, en premier lieu, octroie à certaines pratiques et croyances sa dimension religieuse (I). La seconde – adoptée pleinement par certaines juridictions égyptiennes et, de manière accessoire, par les tribunaux européens et d’Amérique du Nord – est l’approche objective selon laquelle les tribunaux vérifient la religiosité des pratiques et croyances en cause (II). Etant donné que cette dernière approche est plus compliquée dans sa mise en œuvre, quelques-unes de ses questions seront examinées (III).
This briefing summarizes the existing legal framework on labour exploitation under Italian law.Th... more This briefing summarizes the existing legal framework on labour exploitation under Italian law.The briefing provides a legal assessment of regulatory measures that specifically target undocumented migrants being subject to labour exploitation.
The European Union promotes sustainable development, free and fair trade and intends to protect h... more The European Union promotes sustainable development, free and fair trade and intends to protect human rights. In this context, the paper seeks to make explicit the linkage between right to food and right to work. Parodoxically, agricultural workers often have the least resources to access safe, nutritious and sufficient food; on the contrary ‘decent work’ is pivotal to ensure long-term sustainable growth, thus to eradicate poverty and hunger. Despite a solid legal framework, evidence of labour exploitation abounds across Europe. The contention is that a better understanding of the phenomenon might suggest a more promising range of tools for action. Coherently, specific policy recommendations are made for strengthening the currently available redress, leaving criminal law tools as the last resort.
Conference Presentations by Paola Cavanna
novembre 2018] Nell'ambito del corso di Teoria e prassi dei diritti umani [Prof. Thomas Casadei] ... more novembre 2018] Nell'ambito del corso di Teoria e prassi dei diritti umani [Prof. Thomas Casadei] e in collaborazione con Centro Documentazione Donna Modena Gruppo di ricerca interuniversitario sulla soggettività politica delle donne Presidio Universitario di Libera Modena "Susanna Cavalli e Pierfrancesco Leoni" "Corpi in transito": riflessioni sulla tratta Martedì 13 novembre 2018 -Aula G (ore 15.45-17.15) Paola Cavanna (IOM -International Organization for Migration) Migrazioni e tratta: il ruolo di istituzioni e organizzazioni internazionali Coordina: Vittorina Maestroni (Centro Documentazione Donna, Modena) L'incontro rientra anche nell'ambito del XXIII ciclo del Seminario permanente di Teoria del diritto e Filosofia pratica Giovedì 15 novembre 2018 -Aula G (ore 11.45-13.15) Cecilia Blengino (Univ. di Torino) Il progetto "Against human trafficking": la clinica legale come spazio di formazione, ricerca e impegno civile Coordina: Serena Vantin (CRID) Giovedì 22 novembre 2018 -Aula G (ore 10.15-11.45) Consuelo Bianchelli (Centro documentazione CRID) La violenza contro le donne vittime di tratta: una ricerca a partire dai Tribunali Coordinano: Rappresentanti del Presidio Universitario di Libera Modena "Susanna Cavalli e Pierfrancesco Leoni" Il ciclo rientra nel calendario nazionale di incontri "Contrastare la violenza sulle donne. Un impegno per l'Università" (http://soggettivitadonne.wixsite.com/spdd) e nel calendario delle attività promosse dal Tavolo comunale delle Associazioni per le Pari Opportunità e la non Discriminazione (Comune di Modena: https://www.comune.modena.it/pari-opportunita/news/maipiuviolenzaweb.pdf) in occasione della "Giornata internazionale per l'eliminazione della violenza contro le donne" [25 novembre 2018].
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Papers by Paola Cavanna
irregular migration in Italy, focusing on Article 10 bis, Consolidated Immigration Act and its troubled history. Indeed, contrary to the cultural message conveyed by the mass media in the aftermath of Law No. 67/2014, the crime of irregular entry or stay in Italy is still in force. The paper then seeks to assess the impact of such a policy on trafficking victims, in light of Italy’s obligations under international law. It argues that the use of criminal sanctions might result in impunity for exploiters, making
undocumented migrants more vulnerable to human rights abuses. In doing
so, the concept of «vulnerability created or exacerbated by the law»
as developed by Mantouvalou (2015) is employed. Finally, the article
proposes an innovative interpretation of Article 10 bis, Consolidated Immigration Act that aspires to be consistent with the Italian Constitution.
The article is divided in four sections. After an introduction of the issues at stake, official statistics on recorded crime are presented and their reliability discussed. In the second section Italy is at the centre of the reflection to provide tangible cases within a global perspective, at the intersection of labour market and migration policies. The third section investigates who is a victim of labour exploitation. Subsequently, the concept of corporate crime is introduced. Finally, specific policy recommendations are made for strengthening the currently available redress, leaving criminal law tools as the last resort.
Conference Presentations by Paola Cavanna
irregular migration in Italy, focusing on Article 10 bis, Consolidated Immigration Act and its troubled history. Indeed, contrary to the cultural message conveyed by the mass media in the aftermath of Law No. 67/2014, the crime of irregular entry or stay in Italy is still in force. The paper then seeks to assess the impact of such a policy on trafficking victims, in light of Italy’s obligations under international law. It argues that the use of criminal sanctions might result in impunity for exploiters, making
undocumented migrants more vulnerable to human rights abuses. In doing
so, the concept of «vulnerability created or exacerbated by the law»
as developed by Mantouvalou (2015) is employed. Finally, the article
proposes an innovative interpretation of Article 10 bis, Consolidated Immigration Act that aspires to be consistent with the Italian Constitution.
The article is divided in four sections. After an introduction of the issues at stake, official statistics on recorded crime are presented and their reliability discussed. In the second section Italy is at the centre of the reflection to provide tangible cases within a global perspective, at the intersection of labour market and migration policies. The third section investigates who is a victim of labour exploitation. Subsequently, the concept of corporate crime is introduced. Finally, specific policy recommendations are made for strengthening the currently available redress, leaving criminal law tools as the last resort.