“Legal Loopholes and Human Rights: The Impact of Italy's Detention Policies on Migrants in Lampedusa”
- martinagvisionfact
- Sep 20
- 3 min read
Author: Sabrina Mazzei
Legal Gaps and Human Rights Violations
In Lampedusa, many newly arrived migrants are held for days in centers where they can't leave.
Officially, there's no mention of detention, but the reality is that they're held in centers without being allowed to leave.
Arbitrary and Unlawful Detention
The Grand Chamber of the ECHR, in its Khlaifia and Others v. Italy ruling, condemned Italy for holding irregular migrants in Lampedusa.
On ships docked without a specific legal basis, effectively turning these places into detention centers.
Role of Organizations
Organizations such as Actionaid Italia and ASGI use strategic litigation to combat human rights violations.
Minors and Vulnerable Groups: Rights Often Ignored
One of the most serious critical issues concerns the presence of unaccompanied minors, pregnant women, and vulnerable persons.
In theory, Italian law and international standards provide for enhanced protection for them, but in practice, this is not the case.
Act now...how?
Ensure that the length of stay in the centers is truly short;
Ensure that each person receives information in their own language and has access to legal support;
Improve the material conditions of the centers, making them more livable;
Absolutely ban the detention of minors and vulnerable people;
Create independent control mechanisms, with external observers who can constantly monitor the situation.
How and why do we move?
Many people flee from dire realities but have no safe way to enter Europe, risking their lives at sea.
Europe's Role
Europe must do its part; it cannot turn a blind eye.
For years, it's been said that migrant management cannot be the sole responsibility of countries like Italy, Greece, or Spain.
But, in the end, we're still there: those who arrive, come to us, and other member states often simply watch or promise aid that never arrives.
It's as if there were a tacit agreement to pretend the problem doesn't exist, or that it only concerns those at the border. Instead, Europe should be a community, not just an economic one, but also one of values.
And if solidarity applies to banks or economic crises, then it must also apply to people.
The difference lies in how they do it: safely or at the risk of their lives?
Opening legal entry routes - such as permits for humanitarian reasons, corridors managed by NGOs and states, or employment channels - means disempowering traffickers and restoring dignity to people.
And yes, it takes organization, but it's not impossible: there are already examples that work, we just need to want to extend them.
Difficult Conditions and Invisible People
The conditions in which people live inside the center make the situation even more serious.
What could be done?
Improving the situation doesn't require miracles, but political will and more humane choices.
In concrete terms?
Ensure that detention times in centers are truly short; Ensure that each person receives clear information, in their own language, and has access to legal support.
Furthermore, improve the material conditions of centers, making them more livable; Create independent control mechanisms, with external observers who can constantly monitor the situation.
We need new rules and a system that truly works for everyone, especially for those arriving seeking protection.
We need legal avenues to reach them.
Solidarity
Instead, Europe should be a community, not just an economic one, but also one of values.
And if solidarity applies to banks or economic crises, then it must also apply to people.
Organization
And yes, it takes organization, but it's not impossible: there are already examples that work, we just need to want to extend them.
When laws are bent to keep people "out," they cease to truly protect.
And those who pay the highest price are always the most vulnerable.
We must stop viewing migration as a sudden event
The causes are profound: wars that we often ignore, climate change that destroys entire territories, economies that only work for a few.
And, like it or not, we Europeans also play a role in all of this.
Our consumption, our foreign policies, our trade agreements have an impact.
Conclusions
Migration isn't a problem to be "offloaded"; it's a collective responsibility that concerns everyone.
We need different, more courageous, and more humane political choices. We need more dignified centers, fairer rules, independent controls, and genuine legal channels to reach Europe safely. Solutions exist: we just need to want to implement them.
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