The Principle of the Best Interests of the Child in the Italian System of Protection of Unaccompanied Migrant Children

The Chapter examines how the principle of the best interest of the child (BlC) informs the Italian system of protection of Unaccompanied and Separated Migrant Children, as provided for by Law No. 47/2017 (“Provisions on Protective Measures for Unaccompanied Foreign Minors”), and its implementation. It identifies and assesses the implications of the BlC principle in the following areas: admission to the territory and prohibition of expulsion/refoulement; identification and family tracing of unaccompanied foreign minors; assisted and voluntary return; reception conditions; residence permits; access to health care and education; guardianship; means to identify the best long-term solution for the unaccompanied foreign minor. Some criticalities and the main challenges in the implementation of the system of protection will be highlighted, also in the light of International/European Human Rights law and EU law.