Deputy Minister Bubbico on the Legal Status of Children born in Italy from Parents who Benefit from International Protection


On 16 April 2015, the Deputy Minister for Home Affairs, Mr Filippo Bubbico intervened before the Senate of the Republic answering a parliamentary question concerning the legal status of children of people who benefit from international protection. At the outset, the Deputy Minister was asked to clarify whether it was true that, by means of a simple information circular, the Ministry of Home Affairs had intended to extend the acquisition of national citizenship on the basis of the ius soli principle to minors born in Italy from parents who benefit from international protection, similarly to what the law explicitly provides for minors born in Italy from stateless parents. Mr Bubbico said:

In fact, the problem tackled by this administration is not the one mentioned in the parliamentary question, but is rather to avoid unreasonable discrimination in the treatment of minor children of a foreigner benefitting from international protection. According to the previous interpretation, as explicitly provided by law, the international protection afforded to a foreign citizen was automatically extended to their minor children who were in Italy at the time when the request was made, but not to the minor children who arrived in Italy at a later stage. The National Commission for the Right to Asylum intervened to revise this interpretation on the basis of some recent amendments in the law which further strengthened the principle of protection of family unity – upholding the interests of children being a matter of priority. In particular, this organ clarified, by means of an interpretative circular of 17 July [2014], that minors born in or arrived to Italy after the recognition of international protection for their parents also benefit from international protection until they reach majority […].

The full statement in Italian of Mr Bubbico can be read here.

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