Italy’s Council of State, the nation’s highest administrative court, has ruled that migrants in the country’s Repatriation Centers (CPRs) must be guaranteed adequate healthcare and psychological support. The landmark ruling rejects parts of a March 4, 2024 Interior Ministry decree that limited the level of medical assistance provided to migrants awaiting deportation.
The court emphasized that Italy is legally and morally obligated to safeguard the physical and mental well-being of people housed in CPRs. It stated that healthcare assistance should align with constitutional and international human rights standards, particularly for those with psychiatric conditions or undergoing medical treatment.
The ruling followed a legal challenge filed by ASGI (Association for Legal Studies on Immigration) and Cittadinanzattiva, two advocacy groups that argued the ministry’s decree failed to protect vulnerable detainees. The court sided with the associations, noting that their concerns were backed by findings from the National Ombudsman for Detainees’ Rights, which highlighted severe deficiencies in medical care at the centers.
According to the 2023 ombudsman’s report, the condition of detainees with psychiatric vulnerabilities or under pharmacological treatment was described as “problematic,” with insufficient staff and inadequate access to mental health services. The Council of State agreed, saying these shortcomings heightened risks of self-harm and suicide among detained migrants.
The judges also criticized the Interior Ministry for not consulting the Health Ministry or the national ombudsman when drafting the decree. The court stressed that in a “delicate context like that of managing CPRs,” collaboration among responsible government bodies is essential to ensure humane conditions.
While the court acknowledged that CPRs are not prisons and do not have to meet identical healthcare standards as penitentiaries, it said those benchmarks can still serve as useful references when aiming to improve medical and psychological services for migrants.
As part of the judgment, the Interior Ministry was ordered to cover all legal expenses incurred by ASGI and Cittadinanzattiva. The ruling reaffirms that all migrants in Italy, regardless of legal status, are entitled to access healthcare services that uphold their dignity and protect their mental well-being.
This decision could lead to a review of Italy’s broader migrant detention policies, pushing for reforms to ensure that repatriation centers operate within human rights and public health frameworks.