Legislation IT
Articles 600 (Slavery), 601 (Trafficking in persons), 602 (Purchase or sale of slaves) of the Italian Penal Code: recalling article 3 of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, signed in Palermo in December 2000, the above-mentioned articles were amended by Law 228/2003 “Measures against human trafficking” in order to comply with the international legal provisions.
https://ec.europa.eu/anti-trafficking/member-states/italy-2-institutional-and-legal-framework_en (EN)
Article 18 of the Consolidated Act on Immigration (Legislative Decree 286/98 “Provisions concerning the regulation of immigration and rules on the condition of the foreigner”): it provides a long-term protection going beyond the connection of social protection of the victims and their collaboration with the Judicial Authority, in the case that an illegal immigrant is in a documented condition of violence or heavy exploitation and there is actual danger for his/her personal safety because s/he has backed out of constrains exerted by an illegal organisation, or owing to declarations made during judicial enquiries, support shall be provided by giving the victims the possibility to back out of constraints, to obtain the recognition of a residency status and to participate in an assistance and social integration programme.
The residency permit “for social protection reasons” lasts for six months and can be extended up to one year; it allows working and accessing the training system and can be transformed into a work or study permit.
https://www.camera.it/parlam/leggi/deleghe/98286dl.htm (IT) ; https://www.refworld.org/docid/54a2c23a4.html (EN)
Decree of the President of the Republic No 394/1999: the fields of application of article 18 (Legislative Decree 286/98) were clarified by the present Decree Legislative identifying the judicial path and the social path. In the first case, the foreigner can report directly to the police his/her status of constraint or heavy exploitation and the issuing of the residency permit is requested by the Public Prosecutor dealing with the case arising from the complaint of the foreigner. The second path starts under the initiative of a registered association, which submits a request to the Police Central Office, pointing out the presence of the conditions required by the law.
https://www.gazzettaufficiale.it/eli/id/1999/11/03/099G0265/sg (IT).
Article 13 of Law 228/2003 (“Measures against trafficking in persons”): it provides an assistance programme aimed at ensuring protection, housing and immediate support to trafficked persons on a transitional base. The programme under article 13 lasts three months and can be extended for another three months and upon completion.
https://www.gazzettaufficiale.it/eli/id/2003/08/23/003G0248/sg (IT)
