Clisel - Deliverable D4.1 Definitional Framework on climate-change security and multiculturalism for policy-makers to set the stage for ...
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Ref. Ares(2016)6212113 - 31/10/2016
clisel
Deliverable D4.1
Definitional Framework on climate-
change security and multiculturalism for
policy-makers to set the stage for
activities of the pilot case-studyD4.1 – Definitional framework on climate-change security and multiculturalism
Project Acronym CLISEL
Climate Security with Local Authorities (CLISEL)
Project Full Name From insecurity takers to security makers: mobilizing local authorities to secure the EU
against the impacts of climate change in Third Countries
Grant Agreement No. 700385
H2020-DRS-2015 / DRS-22-2015
Programme Ethical/Societal Dimension topic 3: Impact of climate change in third countries on
Europe's security
Instrument Coordination & Support Action (CSA)
Start date of project 01.05.2016
Duration 36 months
Deliverable No. D4.1
Draft a definitional framework on climate-change security and multiculturalism for policy
Document name
makers to set the stage for activities of the pilot case-study
Work Package WP4
Associated Task Preparation for Workshop 2 and for the pilot case study
Dissemination Level On-line Public Access
Contractual Submission Date 31 October 2016
Actual Submission Date 31 October 2016
Main author Ilenia Ruggiu
Institution University of Cagliari
E-mail iruggiu@unica.it
The Definitional Framework contains the main definitions of concepts in the field of
multiculturalism, security, migrants’ rights and status with a particular focus on Italian
Abstract
legislation and on the definitional needs of Sardinian policy makers, namely City
Councils.
Keywords Multiculturalism, identity, culture, security, migrants’ rights, migrants’ status
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 1
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
Authors
Name Institution Contact
Ilenia Ruggiu UNICA iruggiu@unica.it
Roberto Cherchi UNICA rcherchi@unica.it
Chiara Rotondi UNICA crotondi@unica.it
Susan Kaplan (editing) UBERN Susan.Kaplan@wti.org
The final version of this Deliverable was approved by the Consortium Partners before its upload on SYGMA
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 2
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
D.4.1 - DEFINITIONAL FRAMEWORK ON CLIMATE-CHANGE SECURITY AND
MULTICULTURALISM FOR POLICY MAKERS TO SET THE STAGE FOR ACTIVITIES OF
THE PILOT CASE-STUDY
TABLE OF CONTENTS
INTRODUCTION........................................................................................................................................5
KEY CONCEPTS (in alphabetical order) ...............................................................................................6
1. Asylum-seekers’ rights....................................................................................................................6
2. Citizenship. .......................................................................................................................................7
3. Colonialism. ......................................................................................................................................8
4. Cultural anthropology. .....................................................................................................................8
5. Culturally motivated crimes. ...........................................................................................................9
6. Cultural rights. ..................................................................................................................................9
7. Culture. ............................................................................................................................................ 10
8. Green colonialism. ......................................................................................................................... 11
9. Identity. ............................................................................................................................................ 11
10. Interculturalism. ........................................................................................................................... 12
11. Migrant’s civil rights. ................................................................................................................... 13
12. Migrants’ entry conditions. ......................................................................................................... 14
13. Migrants’ political rights. ............................................................................................................ 14
14. Migrants’ social rights. ................................................................................................................ 15
15. Migrants’ stay conditions............................................................................................................ 17
16. Minorities....................................................................................................................................... 17
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 3
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
17. Multiculturalism. ........................................................................................................................... 18
18. Patriarchy. ..................................................................................................................................... 19
19. Principle of non-Refoulement. .................................................................................................... 20
20. Removal......................................................................................................................................... 20
21. Security. ........................................................................................................................................ 21
22. Undocumented migrants’ rights. ............................................................................................... 22
23. Urban security. ............................................................................................................................. 23
24. Villagization. ................................................................................................................................. 23
ANNEX. REFERENCES ...................................................................................................................... 25
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 4
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
INTRODUCTION
This definitional framework provides a glossary of the main concepts with a view to enabling policy-
makers to understand the links between security, migration and multiculturalism. The definitional
framework establishes a common interdisciplinary basis of concepts and knowledge that will help
policy makers to define the elements useful in the preparation of Clisel’s pilot case-study based on
Sardinia. The definitions are a preparatory tool both for the elaboration of a security map, essential to
developing the pilot case-study, and for Workshop 2 on Multiculturalism, migration and local
communities in the age of climate change aimed at Sardinian mayors and which will be held in Cagliari
on 7 March 2017. The definitional framework is also a dissemination tool for the key concepts of the
project and the bibliographic and scientific data collected by the research team.
The methodology used for drawing up the definitional framework can be described as follows: an
interdisciplinary approach was used in choosing the concepts to be described (legal, cultural, social,
political); and a legal positivist approach was adopted with respect to the strictly legal concepts
necessary to provide policy makers with a clear overview of the applicable legal framework (e.g.
definitions of migrants’ rights).
The overall objective of this definitional framework is to make accessible, in a precise, rigorous, but at
the same time understandable way, some of the key-words related to the CLISEL project.
This definitional framework is strongly interconnected with the definitional frameworks elaborated in
the other WPs of the project: in fact, once all the definitional frameworks are completed they will be
collated in a handbook published in the Clisel website, translated to Italian for Sardinian City Councils,
which will provide a handy tool to help Mayors and European policy makers to face the challenges of
climate change, security and migration.
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 5
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
KEY CONCEPTS (in alphabetical order)
1. Asylum-seekers’ rights.
The right to asylum is provided by Article 18 of the Charter of Fundamental Rights of the European
Union (EU) of 2007 and by Article 10, paragraph 3 of the Italian Constitution. The EU has adopted
European regulations and directives - the latter transposed by the domestic legislation - aimed at
creating a common regulatory framework. European legislation distinguishes two different types of
international protection status: the “status of refugee”, established by the Geneva Convention of 1951,
and that of the “beneficiary of subsidiary protection” (introduced by the First Directive on Qualification,
2004/83/EC). The authority to examine an application for international protection, in the absence of
children or reunion of family members, lies with the first country entered by the migrant (Article 21 of
Regulation 604/2016). The new “Procedures” Directive (2013/32/EU) laid down a maximum period of
21 months for examining the application, but the States may delay implementation of the provision
until 20 July 2018. In the event that the request is accepted, the beneficiary of international protection
can apply (five years after the submission of the application for international protection) for an EU
residence permit for long-term residents, provided he/she meets the necessary requirements. The
rights of asylum seekers are varied and include: 1) the right to obtain information on benefits and
obligations related to reception, within fifteen days from the submission of the application (Article 5 of
the European Directive 2013/33 and Article 3 Legislative Decree No. 142/2015); 2) the right to receive
a document certifying their status or authorising their stay pending the application, within three days of
submission of the latter (Article 6 EU Directive 2013/33 and Article 4 Legislative Decree No.
142/2015); 3) the right to freedom of movement within the territory of the host State or in the area
assigned to them by said State (Article 8 EU Directive 2013/33 and Article 5 Legislative Decree No.
142/2015); 4) the right not to be detained based on the sole reason that an application for international
protection was made (Article 8 EU Directive 2013/33 and Articles 6 and 7 Legislative Decree No.
142/2015); 5) the right to respect for family unity (Article 12 EU Directive 2013/33 and Article 7
paragraph 1 Legislative Decree No. 142/2015); 6) the right to education for minors (Article 14 EU
Directive 2013/33 and Article 21 Legislative Decree No. 142/2015); 7) the right to access the labour
market no later than nine months from the date of submission of the application for international
protection (Article 15 EU Directive 2013/33 and Article 22 Legislative Decree No 142/2015); 8) the
right to material reception conditions (Articles 17 and 18 EU Directive 2013/33 and Articles 8–15
Legislative Decree No. 142/2015); the right to healthcare (Article 19 EU Directive 2013/33 and Article
21 Legislative Decree No. 142/2015).
References:
M. Benvenuti, Dieci anni di giurisprudenza costituzionale in materia di immigrazione e di diritto di asilo e
condizione giuridica dei cittadini di Stati non appartenenti all’Unione europea, in Questione giustizia, fasc. III,
2014
M. Acierno – P. Morozzo della Rocca, Le procedure di protezione internazionale, in P. Morozzo della Rocca (a
cura di), Immigrazione, asilo, cittadinanza, Maggioli, Santarcangelo di Romagna, 2015
S. Peers, V. Moreno-Lax, M. Garlick, E. Guild, EU Immigration and Asylum Law (Text and Commentary), Brill,
2015
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 6
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
F. Cherubini, Asylum law in the European Union, Routledge, 2015
P. Bonetti, I diritti dei non cittadini nelle politiche dell’immigrazione e dell’asilo dell’unione europea, in C.
Panzera, A. Rauti, C. Salazar, A. Spadaro (a cura di), Metamorfosi della cittadinanza e diritti degli stranieri. Atti
del Convegno internazionale di studi. Reggio Calabria, 26-27 marzo 2015, Editoriale scientifica, Napoli, 2016
2. Citizenship.
Refers to a set of rights and duties of citizens. Some rights, according to the Italian Constitution and to
the laws in force, belong to citizens alone, for instance, political rights: the right to vote, the right to
petition to the Chambers of the Parliament, the right to request a referendum, and the right of popular
legislative initiative. Another noteworthy right is the right of establishment: citizens have the freedom of
movement and residence within the territory of their Member State, the right to exit - the same without
an exit visa - and to enter it again, and they cannot be expelled from their national territory.
Conversely, entry and stay of foreigners are contingent on compliance with the legislation on entry and
stay. The acquisition of citizenship in Italy is governed by Law No. 91/1992. The pivotal point is the
“right of blood” (ius sanguinis): Italian citizenship is based on whether a person has one or both
parents who are Italian citizens (Article 1, Law No. 91/1992). Alternatively, Italian citizenship can be
acquired through marriage to an Italian citizen, after the person concerned has resided for two years in
the territory of the Republic (three years if resident abroad) (Article 5, Law No. 91/1992). Cases of
birthright citizenship, or “right of the soil” (ius soli) are marginal, that is, citizenship is recognised to
anyone who is born in the territory of Italy, but only if that person has lawfully and without interruption
resided in the national territory until the age of eighteen, provided that the same makes a formal
application for citizenship within a year of coming of age (Article 4, paragraph 2, Law No. 91/1992). As
an alternative to the above-mentioned cases (and to other residual cases provided by law), the
foreigner can apply for citizenship after ten years of having lawfully resided in Italy: in this case
nationality is granted by decree of the President of the Republic, after having heard the State Council,
on proposal of the Minister of the Interior; this decision is highly discretionary.
References:
A. Schillaci, La riforma della legge sulla cittadinanza, in F. Angelini, M. Benvenuti, A. Schillaci (a cura di), Le
nuove frontiere del diritto dell’immigrazione: integrazione, diritti, sicurezza, Jovene, Napoli, 2011
M. P. Vink (editor), Migration and citizenship attribution: politics and policies in western Europe, Routledge,
London and New York, 2012
S. Mantu, Contingent citizenship. The law and practice of citizenship deprivation in international, european and
national perpspectives, Brill, 2015
B. Barel, Cittadinanza, in P. Morozzo della Rocca (a cura di), Immigrazione, asilo, cittadinanza, Maggioli,
Santarcangelo di Romagna, 2015
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 7
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
3. Colonialism.
Is a form of organisation of the political power of a State that expands its territory and sovereignty over
peoples who do not share the same cultural and national features. Colonialism started in 1500 A.D.
under the empire of Charles V of Spain and reached its peak with the British Empire in the 1900s. It
finally ended after the Second World War following the rebellions of the colonised peoples and the
consequent recognition of the right of self-determination of peoples (Article 1 of the International
Covenant on Civil and Political Rights of 1966), which formally established the unlawfulness of the
colonial States. Currently, neo-colonialism is defined as any form of unofficial control by a Country
over the political choices of another one, ranging from the imposition of political leaders to meddling in
the economic-financial sphere.
References:
A. M. Gentili, Colonialismo, in N. Bobbio, N. Matteucci, G. Pasquino, Il Dizionario della politica, Utet, Torino,
2004
A. Loomba, Colonialism/Postcolonialism, Routledge, London and New York, 2005
4. Cultural anthropology.
Is a social science founded in the late nineteenth century focused on the study of human beings in
their socially inherited behaviour. At first, it was a means by which the colonial empires tried to learn
more about the colonised peoples, but soon anthropology freed itself from this original intent. Indeed,
anthropologist went on to undermine the very idea of “race”, contending that homo sapiens is
characterised by biological uniqueness and that diversity only stems from the different cultural patterns
of social organisation (Benedict, 1934). Founded by scholars such as Edward Tylor, Franz Boas, Ruth
Benedict, and Claude Levi Strauss, the guiding principle of anthropology is relativism and its study
method is ethnographic field work: the anthropologist immerses herself or himself in the cultural group
under study. Anthropology has looked into both “universal” cultural elements (e.g. the universal
structures of Levi Strauss’s kinship and of Marcel Mauss’s gift), and individual cultural units,
considered as immeasurably different. In the context of contemporary migrations, anthropology is
crucial to understanding how cultural transformations affect climate change (e.g. loss of agricultural
knowledge) and the best way to organise multicultural coexistence.
References:
R. Benedict, Modelli di cultura, trad. it. Patterns of culture, Houghton Mifflin Company, Boston and New York
(1934), Laterza, Roma-Bari, 2007
A. Barnard, Storia del pensiero antropologico, trad. it. History and Theory in Anthropology, Cambridge,
Cambridge University Press (2000), il Mulino, Bologna, 2002
W. Davis, Vanishing Cultures, in www.nationalgeographic.com, June 28, 2002
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 8
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
5. Culturally motivated crimes.
Are offences committed by any member of a minority culture, which are punishable as criminal acts
within the legal system of the dominant culture. This very conduct is, however, accepted as normal
and, in certain cases, an actual duty within the offender’s cultural group. Examples of culturally
motivated crimes include: female genital mutilation, honour killings, ritual scarification of the face, and
the use of traditional drugs. In Italy, judges usually take into account cultural factors and can decide
not to punish such crimes by applying exemptions or applying a minor sanction on the offender by
virtue of mitigating circumstances. For example, a Sikh carrying a kirpan, the Sikh ritual knife, is not
liable for the crime of unauthorised carrying of a weapon because carrying the kirpan falls within the
exercise of a Sikh’s religious freedom (Italy, Court of Cremona, judgment No. 15 of 19 February 2009).
Nonetheless, exemptions from criminal liability or mitigating circumstances do not apply if the cultural
practice undermines fundamental rights such as the right to life, physical integrity, the dignity of
women or the paramount interest of minors. In this regard it should be noted that Law No. 7/2006
introduced the crime of female genital mutilation into the Italian legal system (Article 583 bis of the
Criminal Code).
References:
F. Basile, Immigrazione e reati culturalmente motivati. Il diritto penale nelle società multiculturali, Cedam,
Padova, 2010
C. De Maglie, I reati culturalmente motivati. Ideologie e modelli penali, Edizioni ETS, Pisa, (2010), 55.
M.C. Foblets, A. Dundes Renteln, (eds.) Multicultural jurisprudence. Comparative perspectives on the cultural
defense, Hart Publishing, Oxford and Portland Oregon, 2009
A. Dundes Renteln, The cultural defense, Oxford University Press, Oxford, (2004)
J. Van Broeck, Cultural defence and culturally motivated crimes (cultural offences), European Journal of Crime,
Criminal Law and Criminal Justice, 5 (2001)
6. Cultural rights.
Are legally enforceable rights recognised by the legislation, aimed at protecting aspects of the culture
of a single individual or a group. Cultural rights are recognised by Article 27 of the International
Covenant on Civil and Political Rights of 1966 which, for the first time in history, drew a line between
the concept of culture in the anthropological sense and that of language and religion. Since 1966, 50
of the existing 194 Constitutions – mainly South American and African Constitutions - have recognised
cultural rights in some form or other. Cultural rights (such as “form of life, customs, traditions, forms of
social organization, the wearing of Indian dress by men and women, their languages, and dialects”
Article 66 Guatemala Constitution; the right of the Sami “to maintain and develop their own language
and culture (and)… to use the Sami language before the authorities” Article 17 Finland Constitution)
can be defined as: individual or collective rights, depending on whether they are recognised with
respect to individuals or a group as a whole; universal rights or rights of specific minorities, depending
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 9
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
on whether they are recognised with respect to anyone who has a different culture or only to given
groups; and as fundamental or second-level rights depending on whether or not they prevail over
other rights. The Italian Constitution does not protect the category of cultural rights, but since Italy
joined the above-mentioned Covenant of 1966, it has the international obligation to respect them.
References:
A. Margalit, M. Halbertal, Liberalism and the right to culture, Social research, 61(3) (1994), 491–510.
A. Jakubowski (editor), Cultural Rights as Collective Rights. An International Law Perspective, Brill, 2016
I. Ruggiu, Il Giudice Antropologo. Costituzione e tecniche di composizione dei conflitti multiculturali, Franco
Angeli, Milano, 2012
7. Culture.
Comprises “all the distinctive spiritual, material, intellectual and emotional features which characterise
a society or social group and…, in addition to the arts and literature, encompasses ways of life, of
social coexistence, sets of values, traditions and beliefs” (Unesco Universal Declaration on Cultural
Diversity of 2001). The concept of culture was forged in the domain of anthropology (Tylor, 1871) and
has the following characteristics: it is a coherent interconnected system, inclusive of all aspects of life,
which human beings inherit from the social group they belong to and which is transmitted through/over
generations, but that may also undergo changes, interruptions, recoveries, or evolutions. A “line” is
drawn between intangible culture, which includes language, religion, vision of the world, legal system,
lifestyle, and morals and material culture, which refers to utensils, crafts and religious objects.
References:
C. Geertz, Interpretazione di culture, trad. it., The interpretation of cultures (1973), il Mulino, Bologna, (1998)
E.B. Tylor, Il concetto di cultura. I fondamenti teorici della scienza antropologica, trad. it. Primitive culture (1871),
Einaudi, Torino, (1975)
A.L. Kroeber, C. Kluckholn, Culture. A critical review of concepts and definitions, Vintage Books, New York,
(1952)
Relevant on-line documents:
http://unesdoc.unesco.org/images/0012/001271/127162e.pdf
8. Green colonialism.
Is the set of mitigation measures adopted in the context of environmental policies, also linked to
climate change, which affect the political and economic control of land, water and other natural
resources of a third country. Green colonialism consists, for example, in the reforestation of vast areas
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 10
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
that are reclaimed from agriculture and in the transformation into natural parks of territories inhabited
by populations of hunter/gatherers, who are thus expelled from their native area and become
“conservation displaced persons”. Said actions are regarded as colonialist when there are underlying
power relations to the advantage of the West, which, despite being the actor mostly responsible for
climate change, imposes mitigation measures upon the rest of the world, thus conditioning the control
of territories and economic resources.
References:
V. Kwashirai, Green Colonialism in Zimbabwe. 1890-1980, Cambria press, 2009
M. Heuwieser, Green Colonialism in Honduras: Land Grabbing in the Name of Climate Protection and the
Defense of the Commons, Promedia, 2015
9. Identity.
Etymologically, the word identity comes from the Latin word idem, “the same”, and shares the same
root with words such as identify, identification, identity card, identical. The definition of the concept is
twofold: “individual” and “collective” identity. Personal identity expresses the core Self that makes each
of us unique, and the continuity of personality; the condition of being the same person throughout the
various phases of existence. In this specific meaning the term was forged by the psychologist Erik
Erikson, in 1968. Collective identity expresses the capacity to recognise oneself in a group, a
community, with which the individual shares some characteristics. These characteristics of the group,
in turn, contribute to building one’s own personal identity, and can be constitutive of the self. In this
context we talk of: cultural, gender, class, religious, political, or national identity. The idea of collective
identity became increasingly important after 1980, when the purely individualistic model of liberalism
was contested by the communitarian theory. Communitarians such as Sandel, Tylor, Walzer, and
MacIntyre consider the Self to be deeply shaped by the community it belongs to. If there is a lack of
recognition, mis-recognition or an attempt to destroy that community, the personal identity is
automatically damaged too. Identity politics stemming from this philosophical background tend to give
equal recognition to all kinds of identity.
References:
A. Eisenberg, Reasons of identity. A normative guide to the political and legal assessment of identity claims,
Oxford University Press, Oxford, 2009
A. Eisenberg, W. Kymlicka, Identity politics in the public realm. Bringing institutions back in, UBC Press, Toronto-
Vancouver, 2011
A. Gutmann, Identity in democracy, Princeton University Press, Princeton and Oxford, 2003
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 11
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
R. Hudson, F. Rèno (a cura di), Politics of identity. Migrants and minorities in multicultural States, Palgrave, New
York, 2000
A.M. Rombinson, Multiculturalism and the foundations of meaningful life. Reconciling autonomy, identity and
community, UBC Press, Toronto-Vancouver, 2007
A. Sen, Identità e violenza, trad. it. Identity and violence (2006), Laterza, Roma-Bari, 2006
C. Taylor, Le radici dell’io. La costruzione dell’identità moderna, trad. it., Sources of the Self. The Making of
Modern Identity (1989), Feltrinelli, Milano, 1993
A. MacIntyre, Dopo la virtù: saggio di teoria morale, trad. it. After Virtue. A study in moral theory (1981),
Feltrinelli, Milano, 1988; M. Sandel, Il liberalismo e i limiti della giustizia, trad. it. Liberalism and the limits of
justice, (1982), Feltrinelli, Milano, 1994
M. Walzer, Sfere di giustizia, trad. it, Spheres of justice: a defense of pluralism and equality, (1983), Feltrinelli,
Milano, 1987
10. Interculturalism.
Is a recent evolution of the concept of multiculturalism, based on the idea that cultures should not
simply coexist, as if juxtaposed in society, each in its own protected cultural sphere, but should
constantly interact, thus leading to mutual transformation. According to this intercultural vision,
multiculturalism has the drawback that it can potentially lead to segregation, isolation and to a mutual
lack of communication between cultures, which produces social fragmentation and contributes to the
failure of multicultural societies. For instance, on the one hand under multicultural policies all the
different cultural and religious groups are entitled to different schools with special school programmes
to strengthen the identity of the group; on the other hand, intercultural policies seek to create a
common school with programmes pluralistically reflecting cultural diversity, but also aiming to propose
cultural opening, compromise and mutual transformation of the groups concerned.
References:
M. Ricca, Dike meticcia. Rotte di diritto interculturale, Rubettino, Soveria Mannelli, 2008
11. Migrant’s civil rights.
Civil rights are “negative” rights (such as the liberty of person) and collective rights (such as freedom
of assembly and association) established by Constitutions and by international charters of rights.
Therefore, this category does not include social rights, the enjoyment of which involves, albeit
indirectly, the engagement in activities somewhat attributable to the public authorities, and political
rights, which in principle Constitutions reserve to citizens. Human rights (and, therefore, rights of both
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 12
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
citizens and foreigners) comprise the following: the right to life (Article 1 of European Convention on
Human Rights (ECHR); Article 2 of Charter of Fundamental Rights of the European Union; Article 27
last paragraph of the Italian Constitution); the right to liberty of person (Article 5 ECHR; Article 6
Charter of Rights; Article 13 of the Constitution), the right not to suffer inhuman or degrading treatment
(Articles 3 and 4 ECHR; Articles 13 and 27 of the Constitution); the right to freedom of residence
(Article 8 ECHR; Article 7 Charter of Rights; Article 14 of the Constitution), the right to freedom and
secrecy of correspondence and communication (Article 8 ECHR; Article 7 Charter of Rights; Article 15
of the Constitution); the right to freedom of thought, expression and information (Articles 9 and 10
ECHR; Article 10 and 11 Charter of rights; Article 21 of the Constitution); freedom of conscience and
religion (Article 9 ECHR ; Article 10 Charter of Rights; Articles 19 and 20 of the Constitution); the right
to marriage (Article 12 ECHR, Art. 9 Charter of Rights, Article 29 of the Constitution); the right to
private and family life (Articles 14 and 15 Constitution; Article 8 ECHR; Article 7 Charter of rights); the
right to defence (Article 6, paragraphs 3 and 5 ECHR, Articles 47 and 48 of the Charter of Rights;
Article 24 of the Constitution); the right to form trade unions (Article 11 ECHR; Article 12 Charter of
Rights, Article 39 Constitution); professional freedom and freedom to conduct business (Article 15 and
16 Charter of rights; Article 41 of the Constitution.). The Italian Constitution expressly reserves three
civil rights to citizens only: the right to the freedom of movement and residence within the national
territory (Article 16 Constitution), the right of assembly (Article 17 Constitution), the right of association
(Article 18 Constitution). The ECHR and the Convention on the Participation of Foreigners in Public
Life at Local Level, nonetheless, recognise the freedom of assembly and association to foreigners
present in the State (Article 11 ECHR; Article 12 Charter of rights). In view of the foregoing, the
freedom of assembly and the freedom of association are to be considered rights of both the citizen
and the foreigner. Finally, doubtless foreigners do not have a right of entry and residence, but legally
residing foreigners have the right to freedom of movement within the national territory (Article 12
International Covenant on Civil and Political Rights and Article 2 of the fourth additional Protocol to the
ECHR). Ultimately, the foreigner only has the right to asylum, according to the provisions of the
Geneva Convention on Refugees and to European and domestic legislation (Article 18 Charter of
Rights, Article 10, paragraph 3 of the Constitution).
References:
P. Bonetti, La giurisprudenza costituzionale sui diritti fondamentali degli stranieri e sulle discriminazioni (Sasso
Marconi 23 settembre 2011), www.asgi.it (2011)
I. Bloemraad and D. M. Provine, Immigrants and civil rights in cross-national perspective: Lessons from North
America, Comparative migration studies (2015)
L. Ciaurro, I diritti fondamentali dello straniero, Federalismi.it (2008)
E. Guild and V. Mitsilegas, Immigration and Asylum Law and Policy in Europe, Brill, (2014)
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 13
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
12. Migrants’ entry conditions.
Migrants’ entry and stay conditions are established by law. Pursuant to the Italian Consolidated Law
on immigration (TUI, Legislative Decree No. 286/1998), the entry and stay on national territory are
possible only if the following requirements are met: a) the foreigner has a valid passport or equivalent
document and an entry visa, except where exempted; b) the foreigner has suitable documentation to
confirm the purpose and conditions of stay; c) the foreigner has sufficient means of subsistence for the
duration of stay and, except for permits for work purposes, also for his/her return to the country of
origin; d) the foreigner must not be considered a threat to public order or national security; e) the
foreigner must not have been convicted, even if not by final judgment, for some serious crimes (or
(must not have been) convicted, but in this case by final judgment, for certain offences related to the
protection of copyright) (Article 4 Legislative Decree No. 286/1998). If any of the above-mentioned
conditions of entry fail to persist throughout the stay, as a rule, the residence permit is revoked and the
foreigner removed from the State (Article 5, Legislative Decree No. 286/1998: for exceptions to this
rule see “Removal” below).
References:
G. Bascherini, Immigrazione e diritti fondamentali. L’esperienza italiana tra storia costituzionale e prospettive
europee, Jovene, Napoli, 2007
G. Savio, Il diritto amministrativo dell’ingresso e del soggiorno, in P. Morozzo della Rocca (a cura di),
Immigrazione, asilo, cittadinanza, Maggioli, Santarcangelo di Romagna, 2015
A. McMahon, The Role of the State in Migration Control: The Legitimacy Gap and Moves Towards a Regional
Model, Brill, 2016
13. Migrants’ political rights.
In principle, Constitutions reserve political rights to citizens. The Italian Constitution states that
sovereignty belongs to the people (Article 1, paragraph 2 of the Constitution) and specifically
recognises political rights to citizens only, namely: the right to vote (Article 48 Constitution); the access
to public offices and elected posts (Article 51 of the Constitution); the right to present petitions to the
Chambers (Article 50 Constitution); the right of popular legislative initiative (Article 71, paragraph 2 of
the Constitution); the right to request a referendum (Articles 75 and 138 of the Constitution); and the
right to form political parties (Article 49 Constitution). It is questionable whether ordinary legislation,
going beyond the Constitutional provisions – can recognise political rights – in particular, the right to
vote - to foreigners who lawfully and permanently reside in the national territory. Article 16 ECHR does
not prevent the limitation of foreigners’ political rights (but it does not impose any political rights or
limitations). According to EU legislation, citizens of Member States who reside in another country have
the right to vote and to stand as candidates in municipal elections and in European Parliament
elections. The Convention on the Participation of Foreigners in Public Life at Local Level of the
Council of Europe, in force since 1997, provides for the recognition of the right to vote in local
elections also in favour of third-country nationals (the so-called “non-EU” foreigners), provided that
they have been lawfully resident in the territory of an EU Member State for at least five years. Italy,
however, has not ratified Section C of said Convention establishing the recognition of this right.
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 14
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
Currently, no EU Member State recognises the right of political vote to foreigners lawfully and
permanently resident, whether they are citizens of an EU Member State or third-country nationals,
except Portugal to Brazilian citizens and Ireland to British citizens, subject to reciprocity.
References:
E. Grosso, La titolarità del diritto di voto: partecipazione e appartenenza alla comunità politica nel diritto
costituzionale europeo, Giappichelli, Torino, 2001
R. Bauböck (edited by), Migration and Citizenship. Legal Status, Rights and Political Participation, Amsterdam
University press, Amsterdam, 2007
P. Bonetti, Diritti fondamentali degli stranieri in Italia, in G. Battistella (a cura di), Migrazioni. Dizionario socio-
pastorale, Edizioni San Paolo, Cinisello Balsamo, 2010
M. Luciani, La partecipazione politica e i migranti, in L. Ronchetti (a cura di), La Repubblica e le migrazioni,
Giuffrè, Milano, 2014
H. van Eijken, EU Citizenship & the Constitutionalisation of the European Union, Europa law publishing, 2015
14. Migrants’ social rights.
Social rights are rights that require action (as opposed to inaction) by public authorities. This requires
the use of public resources necessary to ensure the enjoyment of said rights. In principle these rights
apply to both citizens and foreigners. In particular, the following social rights should be noted: the right
to health (Article 35 Charter of Rights; Article 32 of the Constitution); the right to education (Article 2 of
the Additional Protocol to ECHR; Article 14 Charter of Rights; Article 34 Constitution); the right to
vocational training (Article 14 Charter of rights; Article 35 Constitution); the right to housing (Article 34,
paragraph 3, of the Charter of rights; Articles 2 and 14 Constitution); the right to work (Article 15
Charter of rights; Article 4 of the Constitution); the right to a fair remuneration (Article 36 of the
Constitution); the right to assistance for the worker in the case of injury, illness, invalidity, old age and
involuntary unemployment (Article 34 Charter of rights; Article 38 of the Constitution). Italian
legislation, however, provides for different categories of foreigners. At the top of the pyramid are the
foreigners with a residence permit valid for at least one year (issued, as a rule, for purposes of study
or training, employment, self-employment or family reunification: Article 5, paragraphs 3, 3 bis and 3
quater, Legislative Decree No. 286/1998). These foreigners are granted the full enjoyment of social
rights, and in particular full access to school and university services, healthcare and social services,
on an equal footing with citizens (Articles 34, 35, 38, 39 and 41 Legislative Decree No. 286/1998); the
only exception concerns access to housing, for which a residence permit for employment or self-
employment lasting at least two years is required (Article 40 Legislative Decree No. 286/1998). All
lawfully resident foreigners who can present their residence permit can gain access to public services
and to any license, authorisation, registration and any other measure sought (Article 6, paragraph 2
Legislative Decree No. 286/1998). At the next level of the pyramid are the foreigners with a short-term
residence permit. Even though the latter do not have unconditional access to all social services, they
can take out a special health insurance policy with an Italian or foreign insurance institute, valid on the
national territory, or they can register (albeit not for free) with the national health service (Articles 34
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 15
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
Legislative Decree No. 286/1998). Furthermore, by showing their residence permit they can gain
access to public services and to any administrative measure of interest (Article 6, paragraph 2
Legislative Decree No. 286/1998). At the lowest level of the pyramid are irregular immigrants, i.e.
foreigners who are present in Italy but do not hold any regular permit or document. They cannot gain
access to public services or to any administrative measure of interest, except for those relating to
sports and recreational activities of a temporary nature, those related to access to healthcare and
those pertaining to compulsory schooling (Article 6, paragraph 2 Legislative Decree No. 286/1998).
However, there are significant differences concerning access to these benefits. All foreign children,
whether or not their stay in the national territory is regular, have the right of access to compulsory
schooling, on an equal footing with citizens (Article 35 Legislative Decree No. 286/1998). Conversely,
as regards access to healthcare services, irregular foreigners are entitled to urgent or essential
medical services only, even if on a continuing basis (Article 35 Legislative Decree No. 286/1998).
References:
R. Cholewinski, Irregular migrants: access to minimum social rights, Council of Europe publishing, (2006)
B. Pezzini, Una questione che interroga l’eguaglianza: i diritti sociali del non-cittadino, in Associazione dei
costituzionalisti, Annuario 2009. Lo statuto costituzionale del non cittadino. Atti del XXIV Convegno annuale.
Cagliari, 16-17 ottobre 2009, Jovene, Napoli (2010)
A. Ciervo, I diritti sociali degli stranieri: un difficile equilibrio tra principio di non discriminazione e pari dignità
sociale, in F. Angelini, M. Benvenuti, A. Schillaci, Le nuove frontiere del diritto dell’immigrazione: integrazione,
diritti, sicurezza, Jovene, Napoli (2011)
C. Costello, M. Freedland Qc (Hon) Fba, Migrants at work. Immigration and vulnerability in immigration law,
Oxford University press, Oxford (2014)
15. Migrants’ stay conditions.
Migrants entering the national territory with regular entry documents and a visa (except where an
exemption is provided for), can stay in Italy if they have a valid permit issued by the appropriate
authorities and in particular: a) a residence permit, the duration of which varies depending on the
reason for which it was issued (Article 5, paragraphs 3 and 3-bis Legislative Decree No. 286/1998); b)
an EU residence permit for long-term residents (Article 9, Legislative Decree No. 286/1998); c) an
application for issuance or renewal of a residence permit, until the adoption by the administration of
the measure requested; d) an EU Blue Card, a special residence permit granted to highly skilled
foreign workers who are authorised to work (Articles 27-quater and 9-ter Legislative. Decree No.
286/1998). The duration of permits varies and can range from a minimum of ninety days (e.g. for visits
or business trips) to a maximum of two years (for self-employment, employment and family reasons).
The EU residence permit for long-term residents is permanent and its issuance requires at least five
years of lawful residence. With respect to the activities that can be carried out, in principle, said permit
is granted for the activities foreseen in the visa, but residence permits for employment, self-
employment and for family reasons can also be used for the other activities allowed to the foreigner.
References:
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 16
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.D4.1 – Definitional framework on climate-change security and multiculturalism
J. Doomernik, M. Jandl (editors), Modes of Migration Regulation and Control in Europe, Amsterdam University
press, Amsterdam, 2008
D. Acosta Arcarazo, The Long-Term Residence Status as a Subsidiary Form of EU Citizenship: An analysis of
directive 2003/109, Martinus Nijhoff publishers, 2011
R. Cherchi, Lo straniero e la Costituzione. Ingresso soggiorno e allontanamento, Jovene, Napoli, 2012
G. Savio, Il diritto amministrativo dell’ingresso e del soggiorno, in P. Morozzo della Rocca (a cura di),
Immigrazione, asilo, cittadinanza, Maggioli, Santarcangelo di Romagna, 2015
16. Minorities.
Are “a group numerically inferior to the rest of the population of a State, in a non-dominant position,
whose members - being nationals of the State - possess ethnic, religious or linguistic characteristics
differing from those of the rest of the population and show, if only implicitly, a sense of solidarity,
directed towards preserving their culture, traditions, religion or language” (Capotorti, 1977). Today this
definition has expanded this meaning and minorities can be classified as national minorities (e.g. the
minorities from Sardinia, Friuli, the Aboriginal peoples of Canada, Australia and the U.S.A.) and non-
national ones: this refers to migrants with different cultures or religious beliefs (e.g. the Muslim or
Bangladeshi minorities in Italy). There are several cultural minorities in Europe: the Sami population –
the only indigenous people in Europe, the Roma people – a minority that is present in all of the 27 EU
Member States, a variety of regional minorities (e.g. Basques, Catalans and Sardinians). These
minorities are protected within the 47 Member States of the Council of Europe under the Framework
Convention for the Protection of National Minorities of 1995 and, with regard to language issues,
under the European Charter for Regional or Minority Languages of 1992. None of the above-
mentioned documents refers to migrants. The concept of minority is also often used as a synonym for
vulnerable groups or groups in a position of social inferiority (e.g. people with disabilities or women).
References:
F. Capotorti “Etude des droits des personnes appartenant aux minorités ethniques, religieuses et linguistiques”
in Rapporto speciale della Commissione delle Nazioni Unite per la lotta contro la discriminazione e la protezione
delle minoranze intitolato (par. 568) 1977
F. Palermo, J. Woelk, Diritto costituzionale comparato dei gruppi e delle minoranze, Cedam, Padova, 2011
On-line relevant documents:
http://www.ohchr.org/EN/Issues/Minorities/Pages/internationallaw.aspx
United Nations Minorities Declaration 1992
This Project has received funding from the European Union’s Horizon2020 research and innovation programme H2020-DRS-2015, under
grant agreement No. 700385 Project CLISEL, Climate Security with Local Authorities, and by the Swiss State Secretariat for Education, 17
Research and Innovation (SERI) under contract number 16.0038.
This document reflects only the authors’ view and the Agency is not responsible for any use that may be made of the information it contains.
The opinions espressed and arguments employed herein do not necessary reflect the official view of the Swiss Government.You can also read
