Special Feature Reports
The Global Legal Review team brings you in-depth analysis of women’s rights abuses from leading researchers in their respective fields.
Receiving Country Report: Italy
ABSTRACT: The significant arrival of migrants in Italy started from the events related to the Arab Spring in 2011. This development poses new challenges to the Italian Immigration Law, in particular, the definition of the legal status of asylum seekers and to the interpretation of the procedure for examining asylum applications. The juridical status of migrants entitled to the right of international protection can be considered a fluctuating phenomenon and is marked by the tension between the need to protect human rights on one hand, and the preservation of State sovereignty on the other. The principle of sovereignty of the European Union (EU) member countries gives an exclusive function of each sovereign state to control and protect its borders through the regulation of migration flows, with the aim of defending the so-called “national integrity”. However, the European discipline has set the protection of fundamental human rights, including the rights of asylum seekers coming from non- EU countries, among the objectives of the Union. This new process of “communitarisation” is becoming the basis of the current European and local immigration discipline, with a strengthening of administrative cooperation that starts from the general EU plan to the particular of local administrations.
This report aims to briefly describe and analyse the current Italian legislation on International Protection for asylum seekers and refugees, with a focus on women and unaccompanied minors, who account for more than 20 percent of the 130,000 asylum requests made in 2017.
ABSTRACT: In 2017, the number of Nigerian women who arrived in Italy from Libya almost doubled. According to the International Organisation for Migration (IOM), 80 per cent of the 11,009 Nigerian women who registered in Italy that year were the victims of trafficking. In 2015 this figure stood at 5,600 women and in 2014, 1,450. The IOM estimates 71 per cent of all migrants embarking on the journey to the Mediterranean become victims of trafficking. Pivotally, there are increasing numbers of unaccompanied minors making these perilous journeys and who end up on the streets. This situation raises the alarm that vast numbers of children are at risk of forced prostitution. According to the UN Office on Drugs and Crime (UNODC), Nigerian traffickers are exploiting the migration crisis in Europe to bring young girls to Libya and then across the Mediterranean to Italy. This paper focuses on the plight of Nigerian women and girls who are trafficked to Italy for sexual exploitation and forced into prostitution. My research details how they are recruited and the vulnerabilities traffickers prey on, as well as outlining the abuse the exploiters inflict while journeying to Italy.
The paper concludes with the procedures in place to protect and assist women and girls to escape the cycle of abuse and exploitation experienced upon arrival in their destination country.
The Women’s Rights Movement and the Resistance against GBV in India
ABSTRACT: This report aims to give an overview on the women’s rights movement in India, starting from the 20th century and the issue of intimate partner violence and gender-based violence. It aims to point out weaknesses in the current legal system such as the lack of recognition of marital rape as a crime and examines prevailing societal structures and factors which increase the risk of violence occurring in the first place. It aims to stress an inclusive and comprehensive approach to the problem of gender-based violence and point out possible areas for action.
A Closer Look at El Salvador’s Discrimination Laws: Women’s Sexual and Reproductive Rights
ABSTRACT: The following analysis will seek to highlight the ongoing issues that hinder Salvadoran women’s opportunities to obtain sexual and reproductive rights, services and resources in El Salvador. It will emphasise the legal gaps that neglect women’s rights to choose or access particular services, with special attention to abortion, birth control and family planning methods. Through developed legislation, updated penal code and with respect to international obligations, El Salvador has the potential to fulfil its duties to protect its women’s sexual and reproductive rights through appropriate change.