UNO STUDIO SOCIO-GIURIDICO SUL DIRITTO D'ASILO: ITALIA E INGHILTERRA A CONFRONTO NEI RACCONTI DEI RIFUGIATI DEL DARFUR

The main goal of this work is to offer a general overview of the practical implications of the asylum system in UK and in Italy, trough an empirical research regarding the situation faced daily from asylum seekers coming from the conflict in the Sudanese region of Darfur. The purpose of this general overview is to show how often there is a certain difference between the content of the legislative norms in this field and their implementation and practical results. After an historical reconstruction of the international concept of "asylum" and of its legal theorisation, following the philosophical work of Hannah Arendt, I accepted her notion of asylum as “the right to have rights” and I try to contesualize it in the context of the new globalized world. In this new world, the implementation of the right of asylum should be theoretically more easy because of the loss of power of the territorial sovereignty of the Nation-State. The reality is different and the asylum legislation, both International and National, in hits contemporary formulation still creates many problems to the possibility of getting this right recognised. Starting from an analysis of the International and European norms I then examines the Italian and British legislation to show a more and more strict evolution of the policies in the field, which arises a lot of human rights issues. The aim of this investigation is to remark the difficulties that both the two systems create to the asylum’s seekers and the practical implementation of this law itself. This analysis of the legislation has been followed by an empirical research trough some Italian and English Courts decisions, as well as administrative documents regarding the specific situation faced by Darfur’s refugees. The empirical research is then completed with the collection of data directly from Darfur’s refuges, social workers and lawyers trough open answer interviews. The results of the empirical research will confirm the difference between “the law in books and law in actions” theorised before. At the end it is necessary to investigate which are the specific functions of these norms if they do not accomplish their primer functions to guarantee protection to people fleeing from prosecution.