Legislations for Protecting Victims

ITALY

Italy is the only European country to consider trafficking in human beings as a modern form of slavery.

The main legal texts used to fight against slavery and trafficking are the following:

• article 600 of the criminal code, which aims to reduce the occurrence of slavery;
• the 1958 Merlin law, which addresses the problem of enforced prostitution;
• articles 609 and 630 of the criminal code, which address the issue of an individual's enforced confinement (an act defined as a supplementary offence).

Articles 600 to 602 of the criminal code condemn the reduction into slavery of any human being (article 600), the trafficking and trade in human beings (article 601), as well as the giving, selling, and purchasing of slaves (article 602). However, these provisions are incomplete due to a lack of clarity and precision, and they do not actually define slavery and trafficking. As far as their implementation is concerned, only article 600 has yet been brought into use. Furthermore, the implementation of this article proves seriously problematic: it is impossible actually to prove the fact that someone is or has been held in a position of submission.

As a result of this situation, on September 14^th, 2000, the Justice Commission of the Italian parliament drafted a more comprehensive bill, known as the Testo unificato [no. 5350] proposing both amendments to article 600 and the addition of a new article (602bis) to the criminal code.

The bill's revised version of article 600 defines slavery as the condition of any person upon whom a right of property or any other right might be exerted, even if the exertion of such a right should occur in a de facto manner. It also includes a definition of human servitude as the condition of a person who is held in submission and forced to commit sexual or any other types of acts.

The bill's proposed additional article (602bis) defines a new offence, i.e. trafficking in human beings.

" Whoever, by means of violence, threats or deception, forces or encourages a person to enter or stay or leave the national territory, or transfers within the national territory for the purposes of economic or sexual exploitation or servitude shall be punished by rigorous terms of imprisonment of eight to twenty years".

Trafficking for the purposes of prostitution is prohibited by what is known as the Merlin law, passed in 1958. However, this law is no longer very effective due to changes in the way prostitution is practised, and a bill proposing to update it was presented on May 28^th, 1999, following the initiative of politicians.

The bill makes provisions for repressive as well as preventive measures against trafficking, and it sets out ways of assisting young women wishing to escape from prostitution. Punishment in the form of fines is also prescribed against 'customers' of prostitutes, in order to make them aware of the fact that many of the young women do not engage in prostitution voluntarily, but are actually victims of a form of slavery.

The measures used to protect and assist trafficking victims are set out in a law (Testo Unico_ Decreto Legislativo 286) passed on July 25, 1998, concerned with immigration and the status of foreigners.

The protection and rehabilitation of victims are considered to be the most central issues, and they are not made to depend upon the victim's co-operation with legal bodies.

Article 18 of the Testo unico makes provisions for a special residence permit for foreigners judged to be victims of ãviolent acts and serious forms of exploitationä. The conditions of this law's implementation are laid down by a presidential decree (no. 394), which clarifies the procedure for the granting of these permits, and thus for the legalising of the foreigners' administrative situation.

A special application for a residence permit can be submitted by the following bodies:

•        the state prosecutor, if the foreigner has made a statement within the context of a criminal procedure;
•        the social services offices of local governments or any associations recognised by the Department of Social Affairs affiliated with the Council of Ministers.

In the latter case, it is the responsibility of the chief of police to determine whether the victim's attempts to escape from the criminal group(s) have placed him or her in danger.

The actual granting of a residence permit is subject to the applicant's participation in the assistance and integration programmes offered either by the social services offices of local governments or by officially recognised associations. Victims enrolled in these programmes enjoy numerous advantages: access to medical assistance and training courses, registration with employment offices, and the possibility to work legally.

The residence permit is valid initially for six months and is renewable if the legal proceedings should so require. It can also be renewed if the victim obtains a valid work contract, or it can be converted into a student visa if the victim enrols in a school or university.

The presidential decree (no. 394) which lays out the conditions of the law's implementation also set up a special Commission in order to apply the necessary measures for protecting victims. This commission is made up of representatives of the ministries of justice, of equal opportunity, of home affairs, and of social solidarity. The commission has the function of selecting those assistance and protection programmes which will receive financing, and it also controls these programmes' activities.

In 2000, the Italian government allotted 8 million euro for the implementation of article 18. A total of 49 projects were financed, spread out over 14 regions in Italy. These projects provide for diverse activities: street work; the running of social offices; network creation; financial assistance for students; and programmes designed to help victims integrate into society and find jobs. Towards the end of 2000, a free national help-line (800 290 290) was created in order to respond to calls for help and requests for information.