Turin's CIE - International University College of Turin

International Law
4. COMMUNICATION WITH THE OUTSIDE WORLD
Articles 9(3) and 9(4) CRC note the positive obligations that State Parties have in relation to
communication between detained parents and their children:
“9(3) States Parties shall respect the right of the child who is separated from one or both
parents to maintain personal relations and direct contact with both parents on a regular
basis, except if it is contrary to the child's best interests.
9(4) Where such separation results from any action initiated by a State Party, such as
the detention, imprisonment, exile, deportation or death (including death arising from
any cause while the person is in the custody of the State) of one or both parents or of the
child, that State Party shall, upon request, provide the parents, the child or, if
appropriate, another member of the family with the essential information concerning
the whereabouts of the absent member(s) of the family unless the provision of the
information would be detrimental to the well-being of the child […].”
Council of Europe
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment’s CPT Standards establish numerous guidelines for immigration detention
centres in Europe in relation to the Article 3 ECHR prohibition on inhumane and degrading
treatment. In terms of communication with the outside world, parts IV(31) and IV(79) state:
Italian Law
“IV(C)(31) […] More generally, immigration detainees should be entitled to maintain
contact with the outside world during their detention, and in particular to have access to a
telephone and to receive visits from relatives and representatives of relevant
organisations.”
“IV(79) Conditions of detention for irregular migrants should reflect the nature of their
deprivation of liberty, with limited restrictions in place and a varied regime of activities.
For example, detained irregular migrants should have every opportunity to remain in
meaningful contact with the outside world (including frequent opportunities to make
telephone calls and receive visits) and should be restricted in their freedom of
movement within the detention facility as little as possible. […]”
Decreto Legislativo 286/1998 39 (Legislative Decree 286/1998), article 14.2 states:
“14.2 The foreigner is detained in the centre, in a way that guarantees the necessary
assistance and full respect of his own dignity. Freedom of correspondence and
telephone communications are guaranteed as well. Beside what is stated under article
39 Decreto Legislativo 25 luglio 1998, n. 286 “Testo unico delle disposizioni concernenti la disciplina
dell'immigrazione e norme sulla condizione dello straniero” (GU n. 191 del 18-8-1998 - Supplemento
Ordinario n. 139) (“Testo Unico Immigrazione”). Legislative Decree 25 July 1998, n. 286 “Unified text on
provisions concerning immigration and norms on the condition of foreign citizens” (GU n. 191 of 18-8-1998 –
Ordinary Supplement n. 139) (“Unified Text on Immigration”).
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