The principle of the presumption of minority for
unaccompanied minors arriving in Italy must continue to be
applied, the Ombudsman for Childhood and Adolescence Carla
Garlatti said on Wednesday.
"It must not be and cannot be touched," said Garlatti during her
presentation to parliament of her office's 2022 report.
"It is unthinkable and unacceptable that in the event of doubt
it should be the minor that has to prove to be such," she added.
Garlatti's comments came after it emerged on Tuesday that
migrants convicted of misrepresenting their true age are to be
expelled under the terms of a new draft security decree set to
come before the cabinet on Wednesday.
The government of right-wing Premier Giorgia Meloni has said
recently it wants to clamp down on unaccompanied migrants and
refugees who falsely claim they are minors in order to benefit
from the special protection regime Italy offers to minors
arriving on its territory without a parent or legal guardian.
The protection is offered under a 2017 law known as the Legge
Zampa after the senator who presented it, which has been held up
as a model across Europe and is based on the presumption of
minority.
"It is difficult and expensive to obtain documents and for
refugees it is impossible," continued Garlatti.
It is important to ensure that unaccompanied migrants and
refugees have their initial interview as soon as possible after
arriving in Italy and that a volunteer guardian is appointed
"immediately", she added.
Volunteer guardians, created under the terms of the Zampa law,
are trained volunteers who provide legal representation and
practical and emotional support to unaccompanied minors during
their integration in Italy, as well as ensuring that their
rights are fully respected.
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