This document deals, with a view to punitive law regarding the enterprise also, the complex issue concerning the severe forms of exploitation of foreign workers, victims of the modern human trafficking. The study has been prompted by the awareness that this issue is today a huge challenge and even more it will be in the future, because the set of different global circumstances is prospecting now a well-suited environment for the proliferation of such phenomena. The problem is serious and relevant, considering that the fundamental rights of millions of human beings, particularly vulnerable and disadvantaged, are at stake: the protection of the last ones, a fundamental duty, political and moral. The main intention was therefore to provide, from an integrated perspective of system, a complete view of the legal instruments of protection, preventive, deterrent and punitive, conceived by the national legislature in the course of time in accordance also to signals received from the international environment. The work that preceded and accompanied the drawing up the present study was aimed, primarily, at finding a complete definition of the concept of serious labor exploitation, in a contemporary perspective, in order to subsequently give the critical reconnaissance of the criminal offences identified in the framework of a general system of protection and prevention. The treatment is developed along the lines provided by the United Nations under the Convention against Transnational Organized Crime, signed in Palermo in the year 2000. In particular, the division of the chapters reflects the defining bipartition of the concept of human trafficking enshrined in the two Additional Protocols to the Convention, and merged in expressions such as smuggling of migrants and traffiking of human beings In the context of the national legal system, membership of such phenomenological categories has been identified: on the one hand, for what concerns the smuggling of migrants, in the rules provided for the repression of the aiding of illegal immigration and the employment of irregular foreigners; on the other, about the human trafficking, in that concerning slavery, servitude and trade. A separate chapter is then devoted to an analysis of the criminalization of the phenomenon of illicit brokering and labor exploitation, better known as “caporalato” (can be translated as “the gangmaster system”), as a phenomenal category traverse to previous. The result of the research was therefore to highlight, also in a perspective de jure condendo, the merits and defects of a system of protection which appears to be essential and fundamental, also considered the current historical phase.

(2016). Smuggling of migrants, trafficking of human beings e “caporalato”: il sistema nazionale integrato di tutela e contrasto alle gravi forme di sfruttamento lavorativo degli immigrati.. (Tesi di dottorato, Università degli Studi di Milano-Bicocca, 2016).

Smuggling of migrants, trafficking of human beings e “caporalato”: il sistema nazionale integrato di tutela e contrasto alle gravi forme di sfruttamento lavorativo degli immigrati.

FRANCICA, FEDERICA
2016

Abstract

This document deals, with a view to punitive law regarding the enterprise also, the complex issue concerning the severe forms of exploitation of foreign workers, victims of the modern human trafficking. The study has been prompted by the awareness that this issue is today a huge challenge and even more it will be in the future, because the set of different global circumstances is prospecting now a well-suited environment for the proliferation of such phenomena. The problem is serious and relevant, considering that the fundamental rights of millions of human beings, particularly vulnerable and disadvantaged, are at stake: the protection of the last ones, a fundamental duty, political and moral. The main intention was therefore to provide, from an integrated perspective of system, a complete view of the legal instruments of protection, preventive, deterrent and punitive, conceived by the national legislature in the course of time in accordance also to signals received from the international environment. The work that preceded and accompanied the drawing up the present study was aimed, primarily, at finding a complete definition of the concept of serious labor exploitation, in a contemporary perspective, in order to subsequently give the critical reconnaissance of the criminal offences identified in the framework of a general system of protection and prevention. The treatment is developed along the lines provided by the United Nations under the Convention against Transnational Organized Crime, signed in Palermo in the year 2000. In particular, the division of the chapters reflects the defining bipartition of the concept of human trafficking enshrined in the two Additional Protocols to the Convention, and merged in expressions such as smuggling of migrants and traffiking of human beings In the context of the national legal system, membership of such phenomenological categories has been identified: on the one hand, for what concerns the smuggling of migrants, in the rules provided for the repression of the aiding of illegal immigration and the employment of irregular foreigners; on the other, about the human trafficking, in that concerning slavery, servitude and trade. A separate chapter is then devoted to an analysis of the criminalization of the phenomenon of illicit brokering and labor exploitation, better known as “caporalato” (can be translated as “the gangmaster system”), as a phenomenal category traverse to previous. The result of the research was therefore to highlight, also in a perspective de jure condendo, the merits and defects of a system of protection which appears to be essential and fundamental, also considered the current historical phase.
ALDROVANDI, PAOLO
protection, exploitation, immigrants
IUS/17 - DIRITTO PENALE
Italian
23-feb-2016
Scuola di Dottorato in Scienze Giuridiche
SCUOLA DI DOTTORATO IN SCIENZE GIURIDICHE - 71R
27
2013/2014
open
(2016). Smuggling of migrants, trafficking of human beings e “caporalato”: il sistema nazionale integrato di tutela e contrasto alle gravi forme di sfruttamento lavorativo degli immigrati.. (Tesi di dottorato, Università degli Studi di Milano-Bicocca, 2016).
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10281/102280
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