The ius soli and a right denied without a reason

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In spite of themselves they managed to explain it better than anyone else the Latin meaning of the expression in vogue in recent days.
“Italiani si nasce, non si diventa” (Italians are born, they do not become) says the banner of Forza Nuova located near the seat of the partisans of the Anpi and of the PD in Milan. He wanted to be a form of protest but, in reality, proved to be a magnificent epic fail: as long as there are certain requirements to be respected, who is born in Italy is Italian, is in fact the spirit of “ius soli”, the bill 2092 that is being discussed in the Senate these days, after being approved by the House in 2015.

On the first day of debate at Palazzo Madama it was immediately buried with the League senators who had controversial billboards and occupied the government benches. The Minister of Education Valeria Fedeli is even forced to resort to medical care in a nursing home. In favor of the law there are the Democratic Party and the other leftist forces (Mdp, ie the leaks from the Democrats and the Left Italian), while Forza Italia and the Carroccio will vote against. More ambiguous was the position of the M5S, which announced the abstention, with Di Maio and Grillo who defined the text as “a propaganda tool” and “an invasable crunchy”. Senate numbers for the majority are more dancers, although an unpublished Pd trio, centrists and other left-wing groups could be created, as the leader of Alternativa Popolare and Foreign Minister Angelino Alfano expressed his favorable opinion on the text. The Senate president, Pietro Grasso, wished that the norm could be approved by the summer or in any case within the year.

At present, in Italy, since 1992, citizenship has been acquired with ius sanguinis, the right to blood: who is born in Italy by at least one Italian parent is Italian. If the child born in our country has foreign parents, should expect the legal age to apply for Italian citizenship after living on the Italian territory in a legal and uninterrupted.

The reform does not provide a true ius soli (right of the ground), in force such as the United States but not in the EU, since a so-called ius soli “tempered”: a child born in Italy can apply for Italian citizenship if at least One of the parents has been legally resident in Italy for at least five years. If parents are extra EU citizens, the requirements increase and are: an income not less than the amount of social income; a suitable accommodation according to the parameters provided for by law; a knowledge test on the Italian language.

An alternative to the ius soli tempered is the ius culturae, it becomes essential school: the child born in Italy or arrived within 12 years can apply for citizenship if they attended the Italian school for the least five years, exceeding at least in School (elementary or middle school) and parents must have a regular residence permit.

The Italian paradox is that current legislation recognizes Italian citizenship to the children of immigrants resident abroad, but not to the children of immigrants born in Italy, since so far the right to blood prevails over the law of the land.

From the ius soli, as provided in the text under discussion in the Senate, they would be excluded foreigners: holding a residence of short-term residence; to stay to study or work; in temporary residence for reasons of temporary protection or for humanitarian reasons; awaiting a decision on the international protection application or have already received it; holders of a particular legal status under international conventions.

According to the latest data from the Leone Moressa Foundation, based on Istat surveys, Italian minors residing in Italy are just over a million (1,065,811). According to the Foundation’s studies, 634,000 foreign minor children (parents of children residing in Italy for at least five years) could benefit from tempered ius soli, while with ius culturae they would be 166,000.

To allow those born in Italy from parents who are legally and permanently resident in our country is a proposal of civilization and humanity. It is a choice, not an obligation, in favor of those who grow in our schools, in our streets, in our speakers beside our children and our grandchildren, fully integrated in our traditions, customs and habits. Approving the ius sole (temperate) would also be a signal of strength, of responsibility that does not yield to the fear of the other, the stranger. Or to the belly feelings, as the secretary of the CEI recalled, Msgr. Nunzio Galantino: “All laws are perfect. But an account is analyzing them on the merit to improve them. Another – he goes on – is to see that among the opposers there are those who do not read the text and do politics solely to pursue their own success because they want to do only their own interest”.

Even so, anyone would even say, behind that “first Italians, before the unemployed” hides a narrow and barely concealed racism that puts the bureaucratic status (or sanguinis, in fact) in humanitarian terms, that if you really must be someone before, they should be people, without and without, without banners, without skin color.

As if, ultimately, being Italian (or like any other nationality) was a monolithic system, intangible over the centuries, and not an amorphous massive daughter of repeated invasions of populations, and hence blood, traditions, customs, habits.

A xenophobic consequence of ignorance: in this case there would be no citizenship right to hold.

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