L’approccio hotspot e i diritti umani: le condanne dell’Italia nella sentenza della corte europea dei diritti dell’uomo J.A. e altri c. Italia e nelle successive A.E. e altri c. Italia, A.B. c. Italia, A.S. c. Italia, W.A. e altri c. Italia, M.A. c. Italia

Cherchi, Roberto

2024-01-01

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Abstract

The hotspot approach has produced administrative practices that are potentially harmful to fundamental rights under the European Convention on Human Rights. In the past, in Khlaifia and others v. Italy [GC], the European Court of Human Rights had found de facto detention in hotspots to be detrimental to the right to liberty under Article 5 ECHR, but not to the prohibition of inhuman or degrading treatment under Article 3 ECHR (partly because of the exceptional situation faced at the time by Italy) and the prohibition of collective expulsions under Article 4, prot. 4 to the ECHR. In J.A. and others v. Italy and in the other judgments examined, the Strasbourg Court went further, finding the violation of Article 5 ECHR, of Article 3 ECHR and of Article 4, prot. 4 to the ECHR. In A.E. and others v. Italy, the Court found the conditions under which the transfer of migrants on the national territory took place to be in violation of Article 3 ECHR; in M.A. v. Italy, the violation of Article 3 ECHR was due to the fact that a vulnerable and unaccompanied minor had been hosted for a long time in a reception center where adults were present.