On 15 March 2024, the Regulation concerning the tasks of the Ministry of Labour and Social Policy in relation to unaccompanied foreign minors (DPR No. 231/2023) entered into force. The Regulation, published in the Official Gazette on 29 February 2024, provides a more detailed framework for the competences of the MLPS in the protection and monitoring of unaccompanied foreign minors present in Italy.
The Regulation consolidates the role of the Ministry in several areas concerning the management of unaccompanied minors. In particular, it regulates the functioning of the Information System for Minors (Sistema Informativo Minori – SIM), through which the Ministry collects and monitors information on the presence and conditions of unaccompanied foreign minors in Italy. It also confirms the Ministry’s role in coordinating with local authorities, judicial authorities and other relevant administrations, as well as in promoting family tracing procedures in countries of origin or third countries.
The Regulation also addresses the procedure for the issuing of an opinion by the Ministry concerning the social and civil integration pathway of minors who reach the age of majority. This opinion is relevant for the conversion or issuance of a residence permit after the transition to adulthood, a phase that has historically represented a critical moment in the protection system, given the risk of interruption of assistance and legal uncertainty faced by many young people after turning eighteen.
Furthermore, the Regulation establishes the Ministry’s competences regarding temporary solidarity reception programmes for foreign minors, defining the procedures for authorising such programmes and maintaining the relevant register of participating minors.
The adoption of the Regulation takes place in a context in which the protection of unaccompanied foreign minors remains one of the most sensitive areas of Italian migration policy. In particular, on the same day of the entry into force of the Regulation, the Committee of Ministers of the Council of Europe adopted a decision urging Italy to adopt measures to implement the judgment of the European Court of Human Rights in Darboe and Camara v. Italy. In that case, the Court found violations related to the placement of an unaccompanied minor in an adult reception facility for several months, following an age assessment procedure that did not provide adequate procedural guarantees.
Against this background, the new Regulation represents an attempt to strengthen administrative coordination and monitoring mechanisms concerning unaccompanied foreign minors. However, its effectiveness will depend on its practical implementation, particularly regarding the timely identification of minors, access to adequate reception conditions, the appointment of guardians and the effective transition to adulthood within a stable integration pathway.