The Republican Constitution has stated amongst the key rights of citizens the right to move and establish within the State territory freely, except for temporary limitation due to reasons of public health or public order. The right is clearly stated also as a reaction to the use of confinement to inhospitable villages, especially in the rural areas of Southern Italy, used as a form of repression for political dissidents by the Fascist regime.

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The Republican Constitution has stated amongst the key rights of citizens the right to move and establish within the State territory freely, except for temporary limitation due to reasons of public health or public order. The right is clearly stated also as a reaction to the use of confinement to inhospitable villages, especially in the rural areas of Southern Italy, used as a form of repression for political dissidents by the Fascist regime. Such freedom is recognized only to citizens, but EU citizens from other Member States are considered to have the same right.

Generally, access to the territory of the State grants the possibility to travel within the State itself. However, according to art 7 Title II of law 189/2002, whoever gives accommodation to a foreigner or stateless person, or employs such person or grants use or property of real estate must give communication of such facts to police authorities within 48 hours from the event. This rule, originates from law 773 of 1931 and gives control to police authorities over the exact presence of foreigners and stateless persons within the territory of the State.

One important phenomenon is the issue of de facto segregation either through State or local government policies or through private agents’ action, tolerated by State agents, of specific ethnic or religious groups. In particular segregation in so called “!nomad camps” is an established policy which affects individual and groups belonging to Rom culture or cultures. This can be remarked both for long established groups of “Italian” Roma, such as the Sinti or Rom groups, and for groups of Roma who have recently migrated or have found refuge from Eastern Europe, including Romania and Former Yugoslavia. Roma populations live in large majority in camps predisposed often by local authorities without sufficient access to water, sanitation and other facilities and segregated from the other citizens and non citizens. This pattern impedes social integration, and access to work, school health facilities. Policies of segregation as well as discriminatory behavior by the police forces and acquiescence in episodes of violence against such groups have been openly chastised by CERD in 1999. The UN committee in charge of monitoring the implementation of ICERD has openly called “State policies of Roma segregation” and asked for immediate measures to redress that and other issues relating to Roma families and groups.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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