This study report has as its subject matter the social rights of immigrants and it is aimed, in particular, at investigating the extent to which the legislator is allowed to govern in a different manner the status of foreign national and the status of citizen, in view of the limited financial resources available. Whilst, in fact, the recognition of rights of first generation is required under several international treaties, pursuant to which the juridical status of third-country national has to be governed in accordance with Article. 10, paragraph 2, of the Italian Constitution, the national legislator seems to have a wider discretion with respect to the social rights, provided however that the relevant decisions comply with the principles of reasonability and protection of the human dignity, as it has been stated also by the European Courts (European Court of Human Rights and Court of Justice of the European Union) and the Italian Constitutional Court (“Corte Costituzionale Italiana”), in light of the discrimination prohibition. Moreover, the analysis of the conditions subject to which third-country nationals are entitled to have access to the national welfare system symbolically highlights the fragmented nature of its legal status in relation to the residence title held as well as the place of residence. Therefore, this study report aims at pointing out those social rights which must be recognized in favor of foreign nationals regardless of their nationality and the same status as foreign citizens legally resident, those social rights which must be recognized both in favor of national citizens and foreigners lawfully residing based on an equality principle, and finally those social rights which allow to be recognized with a differentiation between nationals and thirdcountry citizens, all the foregoing taking into due account that there are social rights which are connected with specific conditions (such as, holder of a permit for EC long-term residents, workers, minors, refugees, nationals of countries with which the European Union has executed co-operation agreements) and social rights depending on the place of residence.

I diritti sociali dello straniero tra frammentazione e non discriminazione.

BIONDI, Francesca
2010

Abstract

This study report has as its subject matter the social rights of immigrants and it is aimed, in particular, at investigating the extent to which the legislator is allowed to govern in a different manner the status of foreign national and the status of citizen, in view of the limited financial resources available. Whilst, in fact, the recognition of rights of first generation is required under several international treaties, pursuant to which the juridical status of third-country national has to be governed in accordance with Article. 10, paragraph 2, of the Italian Constitution, the national legislator seems to have a wider discretion with respect to the social rights, provided however that the relevant decisions comply with the principles of reasonability and protection of the human dignity, as it has been stated also by the European Courts (European Court of Human Rights and Court of Justice of the European Union) and the Italian Constitutional Court (“Corte Costituzionale Italiana”), in light of the discrimination prohibition. Moreover, the analysis of the conditions subject to which third-country nationals are entitled to have access to the national welfare system symbolically highlights the fragmented nature of its legal status in relation to the residence title held as well as the place of residence. Therefore, this study report aims at pointing out those social rights which must be recognized in favor of foreign nationals regardless of their nationality and the same status as foreign citizens legally resident, those social rights which must be recognized both in favor of national citizens and foreigners lawfully residing based on an equality principle, and finally those social rights which allow to be recognized with a differentiation between nationals and thirdcountry citizens, all the foregoing taking into due account that there are social rights which are connected with specific conditions (such as, holder of a permit for EC long-term residents, workers, minors, refugees, nationals of countries with which the European Union has executed co-operation agreements) and social rights depending on the place of residence.
GUAZZAROTTI, Andrea
BIN, Roberto
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