La vittima straniera nel diritto vivente non violento

Over the last decade or so, foreign victims of human trafficking have been on the receiving end of a variety of complex and contradictory rules and regulations at both supranational and national levels, a process that has peaked here in Italy with the reinterpretation of the crime as a case of enslavement. The figure of the foreign victim, the passive object of heinous crimes who is often forced to submit to humiliating practices, including forced prostitution and its exploitation, is nevertheless still difficult to locate in the sociological taxonomy of the images of foreigners, just as the legal status attributed to him or her in the legal framework of the Italian state is uncertain and ambiguous. This paper therefore aims to clarify the reasons why it is so difficult to achieve a focus on the victims of human trafficking in the context of the socio-legal reconstruction of the law of migration, through a critique of the violence that these victims suffer. Lastly, it aims to offer a potential interpretation for reconstructing the social relations of those foreigners (also victims) who manage to break free of the power of organised crime and of the manipulations of states, in terms of a living law whose salient characteristics are non-violent.

Marco A. Quiroz Vitale, La vittima straniera nel diritto vivente non violento in "SOCIOLOGIA DEL DIRITTO " 3/2006, pp 201-223, DOI: