Italy's highest administrative court has ruled that migrants hosted in the country's repatriation centers (CPRs) have the right to adequate levels of psychological and healthcare assistance, thereby rejecting what was established in an Interior Ministry decree of March 4, 2024.
Italy must provide adequate levels of healthcare assistance to migrants in its repatriation centers (CPR), the Council of State ruled in rejecting a decree containing a section on facilities management issued by the Interior Ministry on March 4, 2024.
The ministry was also ordered to pay the legal expenses of the Italian legal studies on immigration association (ASGI) and Cittadinanzattiva, which had challenged the decree before the Lazio regional administrative court.
Read AlsoMigrant repatriation centers concern Italian governors
Confirms need to safeguard the 'psychologically vulnerable'
The associations had challenged the parts of the interior ministry decree relative to healthcare assistance and medical staff in the CPRs, claiming more was needed to safeguard those with psychiatric vulnerabilities or undergoing pharmacological treatment, "including with reference to the need to limit acts of self-harm and suicide risks."
The Council of State found that the concerns of ASGI and Cittadinanzattiva "were, in reality, based in fact" according to a 2023 document drafted by the national ombudsman for detainees' rights, which noted that the "situation of people with psychiatric vulnerabilities or under pharmacological treatment is problematic."
Read AlsoItaly: Disabled migrants have 'right' to free healthcare, declares court
Reasons for ruling
Then ruling noted that, "in a delicate context like that of the management of CPRs, it is essential that not only the administration has in-depth knowledge of the reality on which the administrative action will have an effect, but also that it makes use of the support of all the administrations that are responsible for elements related to the issue concerned."
The administrative judges thus noted that "there does not seem to be any involvement of the health ministry, while the ombudsman for detainee rights was certainly not consulted".Thus, the Council of State called for "a careful examination of the actual situation in the centers" in order to ensure healthcare assistance "in line with constitutional and supranational" standards.
And, while there is no obligation to hold the centers to the same standards as those in penitentiary facilities, "the latter can be taken as references when there is the need to raise healthcare and psychological standards."