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Can an undocumented migrant receive accommodation in a public housing shelter or in a private shelter that receives public funding?

Accommodation in public housing is not accessible for undocumented migrants. No information provided about a private shelters receiving public funding.

Is it legal for a landlord to rent out an apartment to an undocumented migrant?

Though not expressly forbidden, there are certain regulations that relegate the renting out of a private apartment to an undocumented migrant to the gray market. In particular, whoever hosts a foreign citizen is required to notify the authorities of their presence; this means that no formal contract can be made between a landlord and an undocumented migrant[1].

Do undocumented migrants have access to public health care or is there a special health service only for undocumented migrants?

Article 35 T.U. assures health care to undocumented migrants in the following areas: outpatient and hospital care which is urgent or otherwise essential even if continuous; medical programmes which are preventative or which safeguard individual or collective health; maternity coverage on an equal basis with Italian citizens; coverage of the health care to minors; vaccinations covered by law; diagnosis, treatment and prevention of infective diseases; activities of international prevention.

There also are special health care centres for diagnosis and care of foreigners, mostly undocumented migrants, which also carry out research on particular pathologies associated with the living conditions of their clients.

Do health care professionals have the duty to report an undocumented migrant to the authorities? If yes, why? If no, why not?

Although there is widespread fear amongst undocumented migrants that once they make use of the health care facilities, they will be reported to the authorities and deported, there is no such duty to denounce, since the law assures health care to undocumented migrants. On the contrary, the law obliges the public health care operators not to denounce the identity of irregular migrants[2].

Does national labor law stipulate that an employer is obliged to pay an undocumented migrant for work done, even if the worker does not have a legal residence or work permit?

If an undocumented migrant has an accident at the workplace, can s/he receive coverage from Social Security (via accident insurance) to cover the costs of treatment or care?

Can an undocumented migrant bring a court case against an employer for withheld wages?

Yes. As an example, the CISL-CESIL trade union will first try to mediate between the employee and employer, and also provides legal assistance in cases of exploitation.

Article 38 T.U. states that undocumented minors are subject to compulsory schooling in the same way that Italian citizens are, which means that they have access to schooling up to the age of 16. The public services are also obliged to make provisions to guarantee equality between foreign and Italian children, as well as recognize and value linguistic and cultural differences. Therefore, special Italian courses are made available, as well as “intercultural” activities.

Are schools obliged to report the presence of undocumented children/adolescents to the authorities?

There is no obligation on the part of the teacher, whether in the public or private sector, to denounce an undocumented migrant, whether adult or minor.

Do undocumented adults (over the age of 18) have the right to education and training?

The law exclusively covers the rights of foreigners with a legal residence status. There is no provision expressly prohibiting instruction to undocumented adults. In practice, public as well as private organizations have enrolled adults in basic literacy courses. There also are language classes offered by NGOs.

Do undocumented migrants have a right to welfare benefits from the government?

Is it legal to deport an undocumented migrant without his/her spouse or child/ren?

Are there rules and regulations upholding the right to integrity of undocumented migrants in this country?

Has this country been condemned for not respecting international agreements concerning protection of the personal integrity of undocumented migrants?

In Italy, an undocumented migrant can be detained for up to 60 days. After the tragedy at the Serranio Vulpitta detention center in Trapani in December 1999, where 6 immigrants burned to death, the Coordinamento trapanese per la pace obtained an informal agreement with the authorities to enter the detention center. The organization is thus able to provide legal advice and support to the detainees.

Are undocumented migrants entitled at any time to free legal aid from a jurist or lawyer?

Can undocumented migrants freely assert their rights in court and in the appeals court?

There is a possibility to appeal against a deportation order within five days after receiving it. NGOs in Italy aim to inform undocumented migrants about their rights and support them with juridical advice.

[1] Elisa Favé, Matteo Danese, Social and Economic Conditions of Overseas Citizens without a permessso di soggiorno in Italy; In: PICUM (ed.), Book of Solidarity vol. II; Brussels, 2003.

[2] See PICUM (ed.), Book of Solidarity vol. II, Brussels 2003, p. 54