CCPR/C/119/D/2681/2015
Although according to Italian legislation asylum seekers and refugees are
entitled to the registration with the National Health Service and to medical
assistance in the same way as Italian citizens, the access to this right is seriously
limited by the conditions of social marginalization that this population
experiences in our country, in particular inside informal settlements … The
renewal of the permit to stay, especially for humanitarian reasons, is made
difficult by the police stations, which request municipal residence registration or
domicile, even though no legal norm dictates it. According to police, domicile
must be demonstrated through a renting contract, or at least a letter of hospitality
by the owner or the tenant of the property. Lacking one and the other, and if the
police refuses a letter of fictitious domicile by supporting organizations, migrants
can only resort to “buy” a fake renting contract or another domicile document, or
renew their permit in less restrictive police stations, sometimes in provinces or
regions other than the actual living area: in this way access to general
practitioners and paediatrician in the areas where refugees actually live is
prevented as registration to National Health Service depends on the domicile
listed in the permit to stay.18
5.3
The authors also refer to the Committee’s Views on Warda Osman Jasin et al. v.
Denmark, in which the Committee emphasized the need to give sufficient weight to the real
and personal risk a person might face if removed. The authors indicate that the State party
has failed to obtain specific assurances from Italy vis-à-vis the following: (a) acceptance of
the authors’ return; (b) renewal of the authors’ residence permits; (c) guarantee against
deportation of the authors to Somalia; and (d) conditions adapted to the authors’ family and
children. The authors submit that this requires an individualized assessment of the risk
faced by the person, rather than reliance on general reports and on the assumption that,
having been granted subsidiary protection in the past, he or she would in principle be
entitled to work and receive social benefits. They further claim that the Refugees Appeals
Board failed to make a sufficiently individualized assessment of the risk that the authors
will face in Italy. Moreover, the application of an unreasonably high threshold for
substantial grounds for establishing that a real risk of irreparable harm exists renders the
Board’s decision both unreasonable and arbitrary. Furthermore, the authors claim that they
already experienced intolerable living conditions in Italy while they held a valid residence
permit. The available background information substantiates the existence of intolerable
living conditions for both refugees and asylum seekers and the lack of support from the
Italian authorities, and gives substantial reasons to believe there is a real risk that the
authors will again face such conditions if they are deported to Italy.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a communication, the Committee must,
in accordance with rule 93 of its rules of procedure, decide whether or not it is admissible
under the Optional Protocol.
6.2
The Committee notes, as required by article 5 (2) (a) of the Optional Protocol, that
the same matter is not being examined under any other international procedure of
investigation or settlement.
18
See Médecins Sans Frontières, Out of Sight: Asylum seekers and refugees in Italy: Informal settlement
and social marginalization, March 2016, p. 14.
9