Paola Cavanna
Università Cattolica del Sacro Cuore, Law Department, Department Member
- Paola holds a Master in Law by Università Cattolica del Sacro Cuore (Italy), where she also obtained her Ph.D. defend... morePaola holds a Master in Law by Università Cattolica del Sacro Cuore (Italy), where she also obtained her Ph.D. defending a thesis on the prevention of labour exploitation, specifically targeting the agri-food sector. She is currently working as Legal/Counter-Trafficking Field Specialist for the IOM in Italy.edit
The intense migration flows peaking in 2015, and the subsequent events, represented a watershed moment for Europe and its neighbours, which have led towards a re-definition of the cohesion challenges and opportunities in the... more
The intense migration flows peaking in 2015, and the subsequent events, represented a watershed moment for Europe and its neighbours, which have led towards a re-definition of the cohesion challenges and opportunities in the Adriatic-Ionian and Danube macro-regions. The whole area is simultaneously experiencing (i) a demographic decline combined with an expanding urbanization towards the capitals; (ii) an ‘internal’ macro-regional movement of people in search of better life conditions; (iii) an ‘external’ mobility involving people who are simply leaving their country of origins for other destinations (mainly Western EU Member States, or overseas). Building further on data collection, territorial typologies and case studies, a number of specific policy recommendations are made for improving migration management in the Adriatic-Ionian and Danube macro-regions, also taking into account territorial needs in the framework of the EUSAIR and EUSDR strategy and the ETC programmes.
Research Interests:
There has been debate over whether and how companies can be held accountable for their adverse impacts on society and those of their subcontractors and/or suppliers in a global context. Building on positive steps around disclosure and due... more
There has been debate over whether and how companies can be held accountable for their adverse impacts on society and those of their subcontractors and/or suppliers in a global context. Building on positive steps around disclosure and due diligence, the paper aims at reviewing and assessing the corporate liability for failure to properly act with due diligence to prevent certain offences under the Italian legal framework, i.e. Legislative Decree No. 231/2001. The article is divided into three sections. After an overview on recent developments in the area of B&HR, the second section will review and assess the Italian mode of liability that blends together ‘criminal’ law procedures with a due diligence defense. Its compatibility with the UNGPs will be explored. In the final section, the article will consider the ability of the Italian system to provide redress for victims of human rights violations occurring in the context of business activities.
Research Interests:
The fight against contemporary forms of slavery is a top priority in the current global agenda. This article reviews and assesses the domestic diversity of labour exploitation regulation. In part 1, the article reviews the concept of... more
The fight against contemporary forms of slavery is a top priority in the current global agenda. This article reviews and assesses the domestic diversity of labour exploitation regulation. In part 1, the article reviews the concept of labour exploitation in international and European law, whilst part 2 provides an overview of three legal frameworks - Italy, Spain and the UK. A comparative analysis considers the extent to which these countries implement international legal obligations both in law and practice. Finally, the article seeks to promote cross-fertilisation of experiences and dialogue among legal practitioners, both domestically and between different countries.
Research Interests:
The paper examines the legal regimes surrounding the criminalization of irregular migration in Italy, focusing on Article 10 bis, Consolidated Immigration Act and its troubled history. Indeed, contrary to the cultural message conveyed by... more
The paper examines the legal regimes surrounding the criminalization of
irregular migration in Italy, focusing on Article 10 bis, Consolidated Immigration Act and its troubled history. Indeed, contrary to the cultural message conveyed by the mass media in the aftermath of Law No. 67/2014, the crime of irregular entry or stay in Italy is still in force. The paper then seeks to assess the impact of such a policy on trafficking victims, in light of Italy’s obligations under international law. It argues that the use of criminal sanctions might result in impunity for exploiters, making
undocumented migrants more vulnerable to human rights abuses. In doing
so, the concept of «vulnerability created or exacerbated by the law»
as developed by Mantouvalou (2015) is employed. Finally, the article
proposes an innovative interpretation of Article 10 bis, Consolidated Immigration Act that aspires to be consistent with the Italian Constitution.
irregular migration in Italy, focusing on Article 10 bis, Consolidated Immigration Act and its troubled history. Indeed, contrary to the cultural message conveyed by the mass media in the aftermath of Law No. 67/2014, the crime of irregular entry or stay in Italy is still in force. The paper then seeks to assess the impact of such a policy on trafficking victims, in light of Italy’s obligations under international law. It argues that the use of criminal sanctions might result in impunity for exploiters, making
undocumented migrants more vulnerable to human rights abuses. In doing
so, the concept of «vulnerability created or exacerbated by the law»
as developed by Mantouvalou (2015) is employed. Finally, the article
proposes an innovative interpretation of Article 10 bis, Consolidated Immigration Act that aspires to be consistent with the Italian Constitution.
Research Interests:
Despite a solid legal framework, labour exploitation seems to be “the way of production” in the Italian agricultural sector, built around the goal of cutting costs and maximising profits through underpayment of wages. The paper aims to... more
Despite a solid legal framework, labour exploitation seems to be “the way of production” in the Italian agricultural sector, built around the goal of cutting costs and maximising profits through underpayment of wages. The paper aims to provide a picture of the phenomenon, overcoming a stereotypical perception of victims while challenging the assumption that criminal law is the panacea.
The article is divided in four sections. After an introduction of the issues at stake, official statistics on recorded crime are presented and their reliability discussed. In the second section Italy is at the centre of the reflection to provide tangible cases within a global perspective, at the intersection of labour market and migration policies. The third section investigates who is a victim of labour exploitation. Subsequently, the concept of corporate crime is introduced. Finally, specific policy recommendations are made for strengthening the currently available redress, leaving criminal law tools as the last resort.
The article is divided in four sections. After an introduction of the issues at stake, official statistics on recorded crime are presented and their reliability discussed. In the second section Italy is at the centre of the reflection to provide tangible cases within a global perspective, at the intersection of labour market and migration policies. The third section investigates who is a victim of labour exploitation. Subsequently, the concept of corporate crime is introduced. Finally, specific policy recommendations are made for strengthening the currently available redress, leaving criminal law tools as the last resort.
Research Interests:
Contemporary migration flows represent the largest movement of people to European countries since the Second World War, raising both challenges and opportunities for local territories. The report focuses on the Balkan route, being one of... more
Contemporary migration flows represent the largest movement of people to European countries since the Second World War, raising both challenges and opportunities for local territories. The report focuses on the Balkan route, being one of the main access points to the EU. The whole area is simultaneously experiencing (i) a demographic decline combined with an expanding urbanization towards the capitals (e.g. Tirana in Albania; Zagreb in Croatia; and Podgorica in Montenegro); (ii) an ‘internal’ macro-regional movement of people in search of better life conditions; (iii) an ‘external’ mobility involving people who are simply leaving their country of origins for other destinations (mainly Western EU Member States, or overseas). The research is aimed at mapping and better understanding these flows through data collection (both quantitative and qualitative indicators), also for the purpose of assessing their impact on urban and territorial cohesion.
Research Interests:
L’application judiciaire des normes juridiques concernant les manifestations de la religion (que ces normes visent à protéger ou à cantonner ces manifestations) pose, parfois, la question de déterminer la religiosité de certaines... more
L’application judiciaire des normes juridiques concernant les manifestations de la religion (que ces normes visent à protéger ou à cantonner ces manifestations) pose, parfois, la question de déterminer la religiosité de certaines manifestations (croyances ou pratiques) rattachées à la religion. C’est cette question que l’on propose d’étudier en nous focalisant sur les croyances et pratiques rattachées à l’Islam et ceci dans une approche comparative. Après avoir étudié des décisions, provenant de différents ordres juridiques, se prononçant sur cette question, il nous est apparu que deux approches peuvent être identifiées. La première – prévalente en Europe et en Amérique du Nord – est l’approche subjective qui considère que c’est le croyant qui, en premier lieu, octroie à certaines pratiques et croyances sa dimension religieuse (I). La seconde – adoptée pleinement par certaines juridictions égyptiennes et, de manière accessoire, par les tribunaux européens et d’Amérique du Nord – est l’approche objective selon laquelle les tribunaux vérifient la religiosité des pratiques et croyances en cause (II). Etant donné que cette dernière approche est plus compliquée dans sa mise en œuvre, quelques-unes de ses questions seront examinées (III).
Research Interests:
This briefing summarizes the existing legal framework on labour exploitation under Italian law.The briefing provides a legal assessment of regulatory measures that specifically target undocumented migrants being subject to labour... more
This briefing summarizes the existing legal framework on labour exploitation under Italian law.The briefing provides a legal assessment of regulatory measures that specifically target undocumented migrants being subject to labour exploitation.
Research Interests:
The European Union promotes sustainable development, free and fair trade and intends to protect human rights. In this context, the paper seeks to make explicit the linkage between right to food and right to work. Parodoxically,... more
The European Union promotes sustainable development, free and fair trade and intends to protect human rights. In this context, the paper seeks to make explicit the linkage between right to food and right to work. Parodoxically, agricultural workers often have the least resources to access safe, nutritious and sufficient food; on the contrary ‘decent work’ is pivotal to ensure long-term sustainable growth, thus to eradicate poverty and hunger. Despite a solid legal framework, evidence of labour exploitation abounds across Europe. The contention is that a better understanding of the phenomenon might suggest a more promising range of tools for action. Coherently, specific policy recommendations are made for strengthening the currently available redress, leaving criminal law tools as the last resort.
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
presentation of the paper 'Minori vittime di reato: tratta e sfruttamento lavorativo'
Research Interests:
presentation of the paper 'Forced labour and other forms of labour exploitation: strong law, weak protections for migrant people'
Research Interests:
presentation of the paper 'Labour exploitation in the agricultural sector in Italy'
Research Interests:
presentation of the paper 'Forced Labour: Strong Law, Weak Protections for Migrant People'
Research Interests:
Land rights and access to food: promoting human dignity for hunger reduction, presentation of the paper 'Where does our food come from? At the intersection of food security, human dignity and right to (decent) work'.
Research Interests:
A broader consensus has emerged on the need for greater accountability in a context of global supply chains. Building on positive steps around transparency and reporting, the research aims at reviewing and assessing recent efforts in... more
A broader consensus has emerged on the need for greater accountability in a context of global supply chains. Building on positive steps around transparency and reporting, the research aims at reviewing and assessing recent efforts in mandatory human rights due diligence both in France and Switzerland. The article will be divided into three sections. First, it will explore the concept of due diligence in the specific field of Business and Human Rights. The second section will analyse recent efforts to transform human rights due diligence from a voluntary standard into a potential matter of regulatory compliance. In the final section, the article will consider the significance of these developments, questioning the feasibility and/or desirability of a binding requirement.
Research Interests:
A broader consensus has emerged on the need for greater accountability in a context of global supply chains, where companies operate transnationally while legal enforcement is still primarily situated at the national level, often... more
A broader consensus has emerged on the need for greater accountability in a context of global supply chains, where companies operate transnationally while legal enforcement is still primarily situated at the national level, often involving developing economies that may lack either the domestic regulatory capacity or the will to effectively monitor and enforce compliance with human rights. Building on recent positive steps around transparency and reporting, attempts to legalize human rights due diligence are currently under development both in France and in Switzerland. Pressure is also mounting on the European Commission to develop EU legislation on corporate due diligence. Will due diligence requirements imposed by law lead to fewer human rights violations? Whereas expectations are high, it is not clear yet whether these legal initiatives will be able to meet expectations.