Italy – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 RantCrush Top 5: August 9, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-august-9-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-august-9-2017/#respond Wed, 09 Aug 2017 15:38:52 +0000 https://lawstreetmedia.com/?p=62654

“Climate Change” is NSFW at the USDA.

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"North Coast of Guam" courtesy of 白士 李; License: (CC BY 2.0)

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

North Korea is Threatening a Strike on Guam After Trump’s Warning

North Korean officials say they are considering a missile strike against Guam, a U.S. territory, after President Trump issued a warning against the North that any threat to the U.S. would be met with “fire and fury.” After Trump’s harsh words, experts warned against taking part in rhetorical arguments with Kim Jong Un. North Korea has also claimed that the U.S. is planning a “preventive war” and if that becomes reality, Pyongyang will begin an “all-out war wiping out all the strongholds of enemies, including the U.S. mainland.”

About 163,000 people live on Guam, but it’s also the base of a submarine squadron, an airbase, and a Coast Guard group. U.S. officials have said they would prefer to use diplomatic means to solve any conflicts, but would not hesitate to use force if needed. However, Guam’s governor, Eddie Calvo, dismissed the threat and said the island is prepared for “any eventuality.”

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Mafia Capitale: The Line Between Government Corruption and Organized Crime? https://legacy.lawstreetmedia.com/blogs/world-blogs/mafia-capitale-organized-crime/ https://legacy.lawstreetmedia.com/blogs/world-blogs/mafia-capitale-organized-crime/#respond Sun, 30 Jul 2017 23:51:39 +0000 https://lawstreetmedia.com/?p=62400

This case is worth watching.

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Image courtesy of Bert Kaufmann; License: (CC BY-SA 2.0)

Italian newspapers have been filled with tales from the “Mafia Capitale” trial this month, as Massimo Carminati, a right-wing extremist with a criminal history, was sentenced to 28 years in prison for diverting millions of euros that had been designated for public services into the bank accounts of politicians and businessmen.

Among those accused is the former right-wing mayor of Rome, Gianni Alemanno, who was in office when the majority of the bribery and extortion took place. Although the label “mafia” was quickly applied to Carminati, his accomplice Salvatore Buzzi, and 45 others who faced trial for their involvement in the scandal, their lawyers have been quick to push back against using the word as a catch-all phrase.

Giosuè Naso, one of Carminati’s lawyers, stated that “if everything is mafia, nothing is mafia” and argued that using that label detracts from law enforcement efforts against crime syndicates. In Italy, trials involving the mafia come with a different set of punitive measures as “mafia association” itself can be considered a crime. Judge Rosanna Ianniello ultimately decided Carminati and Buzzi were guilty of corruption, not mafia association, even though the state made an argument that the operation was mafia-like and that certain members of the group had ties to the ‘Ndrangheta, Calabria’s powerful mafia. Gianni Alemanno has also been cleared of mafia association charges but is still awaiting trial for corruption and illegal funding of his political party.

The city of Rome is currently in dire economic straits, having pulled out of its bid for the 2024 Olympics  last year because it simply did not have the funds to continue. The financial woes of the city are directly linked to Carminati and Buzzi, whose bribery and extortion racket pulled public funds from a host of civic projects–including public housing for refugees–and shifted the funds into private coffers. Carminati and Buzzi have been in prison for over two years under Italy’s infamous 41-bis prison regime, designed specifically for mafia detainees, but going forward they will be granted more relaxed conditions in prison for their multi-decade sentences.

The two men and their accomplices may have been cleared of mafia charges but it will take years to track down and redistribute the funds they stole. Although law enforcement forces are confident they have removed the crime ring from city hall, there may still be members who escaped the crackdown and will return to their bribery practices once public scrutiny is relaxed. In the meantime, Rome is struggling, overflowing with garbage, struggling to house its population and maintain its public spaces. After a harsh drought this summer, Rome is now considering rationing drinking water for the 1.5 million residents of the city. The Eternal City desperately needs funding and responsible leaders to make sure public funds are spent effectively and responsibly. Mayor Virginia Raggi holds relatively high popularity with Roman voters and her M5S party has framed itself as the “outsider” party, separate from the corruption of the past–yet as the infrastructure and public services of Rome deteriorate, she may see difficulties.

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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France to Make 11 Vaccines Mandatory for All Children in 2018 https://legacy.lawstreetmedia.com/blogs/world-blogs/vaccines-mandatory-france-2018/ https://legacy.lawstreetmedia.com/blogs/world-blogs/vaccines-mandatory-france-2018/#respond Thu, 06 Jul 2017 19:25:29 +0000 https://lawstreetmedia.com/?p=61912

Only three are currently required.

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The French government announced on Tuesday that parents will be legally obligated to vaccinate their children starting in 2018.

Currently, French law makes vaccines for three diseases mandatory–diphtheria, tetanus, and polio–while the rest, including vaccines for hepatitis and whooping cough, are only recommended. This change will make all 11 vaccines that are universally recommended by health authorities compulsory.

France has fallen victim to a measles outbreak that the World Health Organization has warned will sweep across Europe. There were 79 cases of measles reported in January and February alone, mostly due to an outbreak of 50 cases in the north-eastern Lorraine region, according to the European Centre for Disease Prevention and Control. From 2008 to 2016, more than 24,000 cases of measles were found in France, according to the country’s public health authority. Approximately 1,500 of those cases involved serious complications and 10 people died.

Other European countries have enacted compulsory vaccination measures to combat declining immunization rates. Italy–where cases of measles rose more than five-fold in April relative to the same month last year–recently made 12 vaccines mandatory for children attending school up to age 16 and banned all non-vaccinated children from attending state schools. Beatrice Lorenzin, the Italian health minister, said the legislation was in response to “an emergency generated by fake news.”

The “fake news” that Lorenzin refers to is misinformation about vaccinations. Italy’s populist Five Star Movement was recently blamed for the outbreak of measles cases in the country because of its outspoken opposition to vaccines. Even as recently as 2012, a court in Rimini awarded damages to a family claiming its son had become autistic because of vaccines, though the decision was eventually overturned on appeal. A recent survey even found that more than three in 10 French citizens don’t trust vaccines, and only 52 percent of those vaccinated said the benefits of vaccination outweigh the risks.

Fears surrounding vaccines are typically linked to a discredited study by disgraced former doctor Andrew Wakefield, who claimed to show a link between the inoculation and autism. In the United States, for example, these fears still persist. A 2015 Gallup poll found that 6 percent of Americans believe vaccines cause autism and that the number of people who believe it is “extremely important” to vaccinate their kids has gone down 10 percentage points over the last 14 years.

Recent attempts to put compulsory vaccination into law are the latest developments in what has been a longstanding campaign. In the 20th century, many countries enacted such measures as the first few vaccines became available to the public. In 1905, the Supreme Court ruled in Jacobson v. Massachusetts that states could compel vaccination for the “common good.” At the same time, Brazil attempted to enforce compulsory vaccination laws that allowed government workers to force vaccination on citizens in lower income areas of Rio de Janeiro, which ultimately led to the Vaccine Revolt.

Gabe Fernandez
Gabe is an editorial intern at Law Street. He is a Peruvian-American Senior at the University of Maryland pursuing a double degree in Multiplatform Journalism and Marketing. In his free time, he can be found photographing concerts, running around the city, and supporting Manchester United. Contact Gabe at Staff@LawStreetMedia.com.

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RantCrush Top 5: April 6, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-april-6-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-april-6-2017/#respond Thu, 06 Apr 2017 16:44:18 +0000 https://lawstreetmedia.com/?p=60062

Good afternoon, RantCrush readers!

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Steve Bannon Removed From the National Security Council

One of President Trump’s closest advisers, former Breitbart News chairman Steve Bannon, was removed from his seat on the National Security Council yesterday. The new national security adviser Lt. Gen. H. R. McMaster, who replaced Michael Flynn, reportedly orchestrated the move. According to a White House source, Bannon was so upset that he threatened to resign altogether, but publicly, his spokespeople said that it was all part of the natural evolution of his role. The White House claims that Bannon was put on the council to keep an eye on Flynn, and now that Flynn is gone, Bannon has other priorities.

But critics of Bannon say it was a very bad idea to put him on the NSC in the first place. Now, there are rumors that Trump’s son-in-law, Jared Kushner, played an important role in Bannon’s removal. It’s pretty safe to say that the drama in the White House is far from over.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Fertility Campaigns Fight Population Shifts but Reinforce Anti-Immigrant Sentiments https://legacy.lawstreetmedia.com/blogs/world-blogs/fertility-campaigns-anti-immigrant/ https://legacy.lawstreetmedia.com/blogs/world-blogs/fertility-campaigns-anti-immigrant/#respond Tue, 28 Feb 2017 20:00:49 +0000 https://lawstreetmedia.com/?p=59221

Fertility campaigns value citizens, but ignore immigrants.

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"Older Woman" Courtesy of PublicDomainPictures : License (Public Domain)

On January 27, the Spanish prime minister appointed Edelmira Barreira Diz to be the “Commissioner for the Demographic Challenge.” The “sex tsar,” as the media has dubbed her, will be responsible for addressing Spain’s depressed fertility rate and relieving the socioeconomic implications of an aging population. Spain is one of many European countries that have begun to recommend that their citizens have more children. Italy, Denmark, and Sweden have all launched fertility campaigns as well. While many have championed immigration as a means of easing Europe’s demographic dilemma, few governments can open their borders without facing backlash from an increasingly xenophobic European public. By sidestepping immigration, fertility campaigns represent an implicitly ethnocentric response to Europe’s aging populations.

A decreasing fertility rate is considered an important trait of economic development. European fertility rates have been dropping for decades and, as a consequence, the age of the average European is climbing. Many experts fear Europe’s growth-oriented economies are reaching an impasse. As retirees begin to make up a larger percentage of the overall population, there will be proportionally fewer young people to pick up the slack. The economic challenges these long-term trends potentially pose are beginning to loom large for many European officials.

While there is debate on whether or not the ratio of workers to retirees holds bearing over economic performance, governments throughout Europe are seemingly behaving as though it does. During the Euro-crisis, the continent’s aging population was often mentioned as a factor possibly hindering the recovery. The fact that the European Union and individual European states are working to reduce the average age of their respective populations is indicative of their belief that youth is key to ensuring long-term economic stability.

Immigrants are often pegged as quick and effective supplements to an aging labor force. However, with anti-immigrant sentiments are flaring, any argument in favor of immigration is bound to cause fervent controversy. By encouraging fertility, governments can address concerns about an aging population and avoid acknowledging the merits of immigration.

In doing so, fertility campaigns hark back to a time when fascist European governments demanded their citizens give more children to the state. Like campaigns of the past, modern efforts ignore the question of immigration and instead encourage the cultivation of a new generation of citizens who will one day contribute to continued economic growth. While seemingly tame, fertility campaigns are a resurgent trend that implicitly enforce nationalistic notions of who is valuable and who is not. Far right groups remain particularly concerned with fertility. They see high rates of domestic fertility as a source of national strength and the fertility of immigrants as a threat to the social fabric. Last year, Germany’s right wing party, Alternative for Germany, leaked a manifesto outlining policies that would incentivize German women to have three or more children.

European governments are unwilling or unable to address their perceived aging problem with policies that would upset the vociferous anti-immigrant faction. While these contemporary fertility campaigns are related in comparatively innocuous terms, they work to emphasize the value of citizens and minimize, or entirely ignore, the value of immigrants.

Callum Cleary
Callum is an editorial intern at Law Street. He is from Portland OR by way of the United Kingdom. He is a senior at American University double majoring in International Studies and Philosophy with a focus on social justice in Latin America. Contact Callum at Staff@LawStreetMedia.com.

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RantCrush Top 5: December 5, 2016 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-december-5-2016/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-december-5-2016/#respond Mon, 05 Dec 2016 17:56:32 +0000 http://lawstreetmedia.com/?p=57382

Pizza, phone calls, and pipelines.

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Image courtesy of russellstreet; License:  (CC BY-SA 2.0)

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

No Dakota Pipeline…For Now

There’s been a lot of bad news lately, but yesterday the people won a small victory over big corporations when the U.S. Army Corps announced that it would not grant the easement for the Dakota Pipeline to be built near the Standing Rock reservation. Protesters and Native Americans have blocked the construction of the oil pipeline for months and endured clashes with the police that have left many injured.

The army said in a statement: “Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it’s clear that there’s more work to do.” It will look at alternative routes for where the pipeline can go instead.

President-elect Donald Trump, who is only about a month away from moving into the White House, is a big supporter of the pipeline, so this certainly doesn’t mean the fight is over. But for now, many people are celebrating.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Political and Financial Instability Looms Over Italian Referendum https://legacy.lawstreetmedia.com/blogs/world-blogs/instability-italian-referendum/ https://legacy.lawstreetmedia.com/blogs/world-blogs/instability-italian-referendum/#respond Sun, 04 Dec 2016 15:13:41 +0000 http://lawstreetmedia.com/?p=57337

An Italian referendum could have sweeping consequences for Europe.

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"Matteo Renzi in Russia" courtesy of Kremlin.ru; License:  (CC BY 4.0)

As Italians prepare to vote, observers prepare for what might be another referendum shock. From the election of Donald Trump to Brexit and the initial referendum on the Colombian peace deal, national votes have had some surprising results in 2016. While the upcoming vote in Italy has some similarities to these other contentious votes, its underlying characteristics also set it apart.

On the ballot is a major set of constitutional reforms that would dramatically change how the legislature works, with the hope of increasing the stability and efficiency of the Italian government. While the vote itself would have dramatic consequences for the Italian government, the outcome might have important implications for the rise of populism in the west and financial stability in the Eurozone. Prime Minister Matteo Renzi has already staked his job on the outcome of the vote and ongoing debt issues faced by Italian banks could worsen with little hope of a political fix in the short term.

What is the Referendum?

The reform package involves several major changes to the way the government functions. It would significantly change the nature and size of Italy’s upper chamber–going from 315 senators to 100 lawmakers from a mix of sources. Members of the upper chamber would no longer be elected directly, with 74 councilmen and 21 mayors elected by regional governments and the president appointing the remaining five senators. The chamber would also have significantly less power, as it would lose the ability to conduct votes of no confidence, which dissolve the government and force new elections, and would serve in more of an advisory role for new legislation. The lower chamber, the Chamber of Deputies, would gain much more influence and most new laws could be passed without approval from the other chamber, as is currently required.

While even some critics argue that major reforms are necessary, they take issue with the specific measures that have been proposed. Italy has the second largest parliament in Europe with 950 seats and the current system of “perfect bicameralism” requires both houses to agree on legislation before it is passed. The resulting gridlock has made it particularly difficult for the country to pass new legislation, even when it comes to noncontroversial laws. But those who oppose the referendum contend that these fixes are not the reforms that Italy needs, and may make the government vulnerable to authoritarian or populist takeovers.

The current checks and balances were put in place for a reason, as the post-World War II government was established in part to prevent the rise of another authoritarian figure like Mussolini. But the system remains particularly unstable, as the country has gone through 65 governments in 70 years, with only one serving the full five-year term. Critics may agree that the system is not particularly stable, but they argue that the proposed changes to the Senate go against democratic values and put more power in the hand of local governments that have had issues with corruption.

Immediate Consequences

The outcome of the referendum vote may spread beyond Italy. Some speculate that a “no” vote could lead to a crisis in the euro zone. Although there is a two-week polling blackout before the vote, polls conducted before the deadline show that the “no” vote had a sizable lead, although a considerable percentage of voters remained undecided.

If the referendum fails and Prime Minister Renzi resigns, it will likely lead to the appointment of a caretaker government to implement electoral changes for the 2018 election. The current election system uses different rules for both chambers–the new Italicum system essentially guarantees a governing majority to the largest party, but only applies to the Chamber of Deputies–that could result in two different majorities.

Other fears involve the rise of populism in the absence of Prime Minister Renzi. The anti-establishment Five Star Star movement led by former comedian Beppe Grillo has been gaining in popularity and could continue to gain popular support in the power vacuum. The movement has called for a vote to leave the euro and has been very skeptical of Italy’s EU membership in general.

The Looming Banking Crisis

Similarly, the country has had a looming banking crisis for several years that is now starting to peak. Italy was one of the hardest hit countries during the European downturn, with a seven-year recession hitting many important industries. Poor economic conditions and bank mismanagement led to a situation where one-fifth of all loans in the Italian banking system are considered troubled. While the crisis is potentially solvable, any solution requires dealing with some very difficult political decisions. Recent EU banking reforms prevent countries from bailing out their banks without “bailing-in” bondholders and shareholders to ensure that investors bear some of the losses. These laws present a significant challenge because Italian banks’ bondholders include a mix of institutional investors and retail investors. That means that bailing investors in would involve forcing losses on everyday citizens, which would create a significant political problem.

Some argue that a “no” vote would not necessarily lead to a crisis in the euro zone because the European Central Bank will be able to help in the event of a monetary crisis. However, Renzi’s resignation would make it harder for the Italian government to help its ailing banks. While a “yes” vote would put some momentum behind Renzi and his Democratic Party, the government still has a lot of political challenges ahead of it.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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When in Rome, Don’t Do As Virginia Raggi Does https://legacy.lawstreetmedia.com/blogs/world-blogs/rome-dont-virginia-raggi/ https://legacy.lawstreetmedia.com/blogs/world-blogs/rome-dont-virginia-raggi/#respond Tue, 13 Sep 2016 13:49:37 +0000 http://lawstreetmedia.com/?p=55363

These problems aren't just garbage.

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Image courtesy of [Ben Salthouse via Flickr]

Virginia Raggi, the newly appointed mayor of Rome, is facing pushback after news outlets revealed a minister she appointed, Paola Muraro, was under investigation during the twelve years she spent as a garbage disposal consultant. Trash disposal is an infrastructure necessity for all cities, but only in Italy is trash synonymous with organized crime, corruption, and intimidation.

Trash collection has been an extremely profitable industry for the Italian mafia, and scores of local politicians have been happy to give it control of refuse. In the mid-2000s, the streets of major cities in the South, such as Naples, were filled with thousands of pounds of garbage. Regional dumps were at full capacity and even though government emergency funding was granted, the money disappeared and the appointed commissioners failed to solve the problem. Under the state of emergency protocols, local governments were allowed to quickly hand out contracts without going through the correct legal vetting of contractors used in other cities–and this allowed the Camorra (a particular syndicate) to expand its practice into a billion dollar profit generator. The corruption behind trash collection has not gone unnoticed–reports of the mafia dumping trash in Germany and illegally dumping so much toxic waste that cancer rates in the region began rising have become commonplace, but acknowledging the problem has not translated into solving it. In many countries, trash disposal issues would be written off as a minor mismanagement but in Italy, the history behind trash corruption makes the investigation into Muraro front page news.

At a hearing this week, Virginia Raggi confirmed that she was aware of the investigation into Muraro’s past but had not thought that it was necessary to share this information with the public. The trash scandal is hardly Raggi’s only problem: multiple ministers have resigned from her administration (including Carla Romana Ranieri, a well-known anti-corruption figure), she is grappling with a bid to host the 2024 Olympics, and as Rome’s first female mayor, her every action is judged through the prism of her gender.

Unfortunately for Raggi, the trash scandal has put her Five Star Movement–a populist, anti-establishment Eurosceptic movement–in a difficult spot right before the elections. The incumbent Prime Minister Matteo Renzi has gotten a boost in the popularity thanks to Raggi’s missteps. Before this scandal, the Five Star had overtaken Renzi, whose numerous reforms to political and economic systems have stirred up anger and distrust among voters. As Raggi struggles to right herself just weeks into her tenure as mayor, doubts are being raised regarding the capabilities of the Five Star movement, which was not originally organized to be a formal political party and has never had a precise platform. Despite being a party that promotes itself as environmentally conscious and operating outside of the traditional corrupt networks of the political world, the Five Star movement seems to have delivered more of the same. For the city of Rome, which has struggled to assert itself as capable of being just as productive and functional as a Northern city such as Milan, this scandal is an regression that embarrasses the city not only on the world stage but domestically, confirming some Northern beliefs that Rome is still too backwards to succeed.

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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Italian Lawmaker: Parents Raising Vegan Kids Should Be Jailed https://legacy.lawstreetmedia.com/blogs/world-blogs/vegan-law-italy/ https://legacy.lawstreetmedia.com/blogs/world-blogs/vegan-law-italy/#respond Thu, 11 Aug 2016 17:20:24 +0000 http://lawstreetmedia.com/?p=54793

Parents could face up to four years in jail if the proposed law passes.

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"Fruits" courtesy of [Lisa Pinehill via Flickr]

Parents raising their children on a vegan diet in Italy could possibly face up to four years in jail if a proposed law passes in Parliament later this year.

Elvira Savino from the conservative Forza Italia party proposed the law in order to hold parents legally responsible for feeding their children a “diet devoid of elements essential for healthy and balanced growth,” according to its text.

“I have nothing against vegans or veganism as long as it is a free choice by adults,” Savino told Reuters, “I just find it absurd that some parents are allowed to impose their will on children in an almost fanatical, religious way, often without proper scientific knowledge or medical consultation.”

The bill comes after several children on vegan diets have been hospitalized in the country for malnutrition. In one case, a vegan one-year-old was forced to undergo an emergency operation last month after his low calcium levels aggravated an existing congenital heart condition. The child weighed only slightly more than a 3-month-old baby.

The Italian parliamentarian explained, “If even only one child ends up in a hospital because of this behavior, I feel we have to protect them all.”

Vegan diets have grown in popularity as more and more people choose to eliminate meats, eggs, dairy, and other animal byproducts from their diets for health, environmental, and/or ethical reasons. In fact, veganism isn’t all that different from other current food fads, which follow similar philosophies of cutting out unnatural and unhealthy ingredients from one’s diet. As a result, growing numbers of food manufacturers and restaurants have begun focusing more on what’s not in their food, rather than what’s it it, as more and more parents actively seek out gluten-free, dairy-free, meat-free, and fat-free options.

However, there is debate among nutritionists and pediatricians on whether or not vegan diets pose a negative impact on children’s development. While many believe vegan diets can cause stunted growth and vitamin deficiencies in children, the Academy of Nutrition and Dietetics and American Academy of Pediatrics (AAP) both agree that “well-planned vegetarian and vegan eating patterns are healthy for infants and toddlers.”

If the law passes, jail sentences could include: one year for raising a child on a vegan diet, up to four years if the child develops a permanent health problem, and up to seven years if the child dies as a result.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Italian Court Says Stealing Food Isn’t a Crime If You’re Poor and Hungry https://legacy.lawstreetmedia.com/blogs/world-blogs/italian-court-says-stealing-food-isnt-crime-youre-poor-hungry/ https://legacy.lawstreetmedia.com/blogs/world-blogs/italian-court-says-stealing-food-isnt-crime-youre-poor-hungry/#respond Sat, 07 May 2016 14:00:53 +0000 http://lawstreetmedia.com/?p=52316

A story to give you some hope for humanity.

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Image courtesy of [Ian Scott via Flickr]

In a story that proves there’s at least some humanity left in the world, the Italian Supreme Court overturned the conviction of a homeless man for stealing food this week, saying that since he was hungry, his actions did not constitute criminal activity.

The BBC reports that Roman Ostriakov stole two pieces of cheese and a pack of sausages from a supermarket in Genoa in 2011, and was sentenced to six months in jail and a €100 fine for theft. However, his case was sent for an appeal to reduce his conviction to “alleged theft,” since he was caught before he left the shop.

Instead of just reducing the sentence, Italy’s Supreme Court of Cassation (the country’s highest court) overturned it entirely, saying that “he took possession of that small amount of food in the face of the immediate and essential need for nourishment, acting therefore in a state of need.”

According to the New York Times, a former member of the Court stated that the basis of the court’s decision relied on an Italian legal doctrine that translates to “No one is expected to do the impossible.” Essentially, because his circumstances made it such that he had no other choice, his theft was not a crime. However, as Vox notes, this decision does not set a precedent, so no need to worry about a wave of food thefts as a result of this case.

While this decision doesn’t stand to alter the current laws in any way, it is a great example of a legal system working to uphold human rights and dignity. As a piece in Italian newspaper Corriera Della Sera notes, the growing crisis of poverty in Italy makes Ostriakov an unlikely hero for the underserved. In this reverse “Les Miserables” situation, justice is with the proletariat. The compassion of the Court could go a long way in promoting broader societal attitudes, simply by advocating for something as basic as humanity for the common man.

Mariam Jaffery
Mariam was an Executive Assistant at Law Street Media and a native of Northern Virginia. She has a B.A. in International Affairs with a minor in Business Administration from George Washington University. Contact Mariam at mjaffery@lawstreetmedia.com.

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Chocolate Company’s Growth Puts a Spotlight on Child Labor in West Africa https://legacy.lawstreetmedia.com/issues/business-and-economics/chocolate-companys-growth-puts-spotlight-child-labor-west-africa/ https://legacy.lawstreetmedia.com/issues/business-and-economics/chocolate-companys-growth-puts-spotlight-child-labor-west-africa/#respond Fri, 06 May 2016 16:18:22 +0000 http://lawstreetmedia.com/?p=51752

What are companies like Ferrero doing about child labor on cocoa farms?

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"Ferrero Rocher" courtesy of [Zoha Nve via Flickr]

Ferrero, the chocolate company that manufactures international favorites such as Nutella and Ferrero Rocher, is on track to reach over $10 billion in profits this year, making it the world’s third largest chocolate producer. This growth is especially impressive considering that in 2006, Ferrero’s turnover stood at only 5.6 billion. But in light of this news, there is a problem that Ferrero is still working on addressing: child slavery on cocoa farms.

It’s important to note that Ferrero is not alone in this issue. In 2001, leading companies of the chocolate world made a collective promise to eliminate child labor from their supply chain by 2005 but the year came and went without an end to abusive labor practices. The deadline was pushed back to 2008, then to 2010. Ferrero appears to be the only one of those companies that set a secondary deadline for the project. In 2012, Ferrero pledged to end slavery on the farms where it harvests cocoa by 2020. Other leaders in the industry followed this pledge, but chose to amend their commitment to reducing child labor in Ivory Coast and Ghana by 70 percent by 2020 (rather than eliminating it entirely). Ferrero made a bold commitment in 2012–but is it one that the company can feasibly deliver on? Read on for a look at the company and the controversy over eliminating child labor in the chocolate industry.


What is Ferrero?

History

In 1946, Pietro Ferrero invented a cream of hazelnuts and cocoa. Hazelnuts were a creative addition to confectionery during wartime rationing, which limited the use of chocolate. Together with his brother, he launched a company to sell the product, which was eventually taken over by his son, Michele. Michele re-branded the spread as “Nutella,” opening production and sales offices worldwide in the wake of World War II.

Nutella became integral to Italian life, even sponsoring the national soccer team for three years beginning in 1988. Nutella was central to the “Made in Italy” brand but Ferrero also operated the Ferrero Rocher line of pralines, Kinder chocolate bars, and Pocket Coffee chocolates. By the time of his death, Michele Ferrero had unseated Silvio Berlusconi as the richest man in Italy–he had a net worth of an estimated $23.4 billion. In 1997, Michele’s sons Pietro and Giovanni took over the company and ran the brand successfully, but after Pietro’s death in 2011, sole responsibility fell to Giovanni.

A Media Shy Chocolate Megalith 

The family was, and still is, private to the extreme. Michele Ferrero did not hold press conferences or engage at all with the media, even going so far as to block tours of the company’s factories.  Ferrero has cultivated an almost mystical brand reinforced by the control the Ferrero family holds directly over the recipe, the production, and the marketing of their products. Although the company is headquartered in Italy and operates largely from its base in Alba, it is still reliant on West Africa for cocoa. Nutella, interestingly enough, also relies on sugar from Brazil and palm oil from Malaysia, which means West Africa may not be the only place where brutal labor practices have been a concern.


Child Labor and Slavery in the Chocolate Industry

The world’s largest chocolate producers rely on West Africa–especially the Ivory Coast and Ghana–for cocoa. The combined GDP for both countries is just a fraction of the billions of dollars in sales that international chocolate companies like Nestle pull down annually. Cocoa is generally produced by farmers living in extreme poverty, and child labor is common on the majority of cocoa farms. Children are often sold into slavery by their parents or kidnapped. The average work week can last from 80 to 100 hours and while working on the farms, these children receive no salary or education. The living conditions are brutal, as children are often beaten and rarely well fed.

Tulane University conducted a study in the 2013-2014 growing season that revealed approximately 2.1 million children were involved in objectionable labor practices on cocoa farms in both the Ivory Coast and Ghana. In 2015, three California activists filed a lawsuit against Hershey, Mars, and Nestle for not advertising that their products were made using child labor but the likelihood of that civil action suit coming to fruition is slim. This past September, Nestle commissioned a report from the Fair Labor Association (FLA) which presented the following results:

Researchers visit 260 farms used by the company in Ivory Coast from September to December 2014. The researchers found 56 workers under the age of 18, of which 27 were under 15…Researchers from the FLA, which was commissioned by Nestlé to investigate workers rights on its west African farms in 2013 amid international pressure, found child workers at 7% of the farms visited. Nestlé’s code of conduct prohibits the use of child labour in its supply chain.Though researchers found Nestlé had made substantial efforts to inform farmers about its code of conduct, awareness of the code was low among farmers, with farmers sometimes unable to attend training sessions due to either “lack of interest or time”. The FLA also found that farms lacked any kind of age verification system for workers.

Ferrero has not commissioned a similar report but because almost all of the major chocolate providers rely on the same farms within Ivory Coast and Ghana, concerns from critics allege that conditions are similar on its farms. Ferrero has called out for an end to child slavery and forced labor, but if farmers are ignoring that call to action, like those interviewed for the FLA report, then the company may not be on track to meet its 2020 goal.


 Conclusion

Ferrero has officially displaced Nestle to become the third largest chocolate producer in the world, which means that the company will be centered in the international spotlight like never before. The Ferrero family may have historically been secretive about their business to protect it from corporate espionage but that does not mean they should be allowed to be anything less than transparent when it comes to their labor practices. There are dozens of smaller chocolate companies that have successfully eliminated child and slave labor from cocoa production on their farms, and particular light is being shed on Ferrero (and other leading chocolate companies’) practices. The moment may have come for Ferrero’s leadership to divert attention and resources to reforming the cocoa farms behind their famous chocolate.


Resources

The Local: Italian Chocolate Giant Ferrero to Eclipse €10bn Turnover

Reuters: Michele Ferrero, Owner of Nutella Empire, dies at 89

CNN: Ferrero Sets Date to End Cocoa Slavery

BBC: News; How the World Went Nuts for a Hazelnut Spread

New York Times: Michele Ferrero, Tycoon Who Gave the World Nutella, Dies at 89

Fortune: Was Your Easter Chocolate Made with Child Labor?

Fortune: Inside Big Chocolate 

The Daily Beast: Lawsuit: Your Candy Bar Was Made By Child Slaves

The Guardian: Child Labour on Nestlé Farms: Chocolate Giant’s Problems Continue

The Huffington Post: Chocolate and Child Slavery: Say No to Human Trafficking this Holiday Season

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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The Dangers of Jus Sanguinis: Outdated and Restrictive Immigration Policy in Italy https://legacy.lawstreetmedia.com/blogs/world-blogs/dangers-jus-sanguinis-outdated-restrictive-immigration-policy-italy/ https://legacy.lawstreetmedia.com/blogs/world-blogs/dangers-jus-sanguinis-outdated-restrictive-immigration-policy-italy/#respond Thu, 12 Nov 2015 20:01:56 +0000 http://lawstreetmedia.com/?p=49046

Why we should all care about changes to Italy's immigration policy.

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Last month, the lower house of the Italian parliament approved a bill that will let children born in Italy to immigrant parents receive citizenship if their parents have been residents in the country for at least five years.  If this bill passes in the Italian Senate, it will undo the principle of jus sanguinis (under which citizenship is only granted to those who have Italian ancestors) that has historically prevented children of immigrants from receiving full citizenship.

As the law stands today, children of immigrants, including those born in Italy, are given the permesso di soggiorno–a temporary residency card (the same one that study abroad students and short-term contractors receive) instead of an EU passport. Children cannot even apply for Italian citizenship until they come of age at 18. The application process takes years–waiting in line, submitting the same forms over and over, and living in fear of being arrested for not having the proper documentation. While they wait for their citizenship applications, these members of the “second generation” are not allowed to travel outside of the country. If the child of an immigrant is stopped by the police and they are not carrying the correct documents, they may be deported to their “country of origin”–even if they were born in Italy. Jus sanguinis is creating a generation of disenfranchised, second-class citizens. Filippo Miraglia, vice-president of ARCI, an organization that promotes social integration, explains that:

People born in Italy to foreign parents must now wait until they are 18 years old to request citizenship and they must have lived in Italy throughout their youth, and at least one of the parents must have a long-term permit to stay in Italy, must have a job, must own their home, and have no outstanding legal issues. And even then they can be turned down for subjective reasons based on the person processing the request.

Even in the rare case that these people obtain their documents, they still face widespread discrimination that is rarely addressed in the political sphere. According to a Human Rights Watch report, the Italian government has failed to take any effective action against racist and xenophobic violence over the past several years. There are relatively few political champions working to expand immigration rights for the second generation. Both the Northern League and Forza Italia have been adamant that immigration is negatively impacting Italy and have referred to the influx of immigrants over the past several decades as an “invasion.” Silvio Berlusconi made a series of racist comments during his time in power that reveal how little much of the Italian political elite care about creating a racially integrated society.

The new bill that has passed through the House is promising but without sufficient support in the Senate, it will lose momentum and fade into oblivion without making the slightest impact. Organizations like Rete G2  and ARCI  advocate for the rights of the second generation, but they have no representatives within Parliament to argue their case. Immigrants make up about 7 percent of the Italian population, yet they are largely excluded from political participation, the only arena in which they can fight for their own citizenship and security.

Before we dismiss Italian immigration policy as draconian and outdated, consider that over two dozen other countries use jus sanguinis (sometimes referred to as leges sanguinis) to determine citizenship. American citizens take for granted that nearly all of us receive birthright citizenship, but in an age where approximately 13 percent of the American population is comprised of immigrants, we too have to pause to assess the path to citizenship. This week, after a federal court overturned President Obama’s efforts to protect five million undocumented immigrants from deportation, the President has asked the Supreme Court to hear the case during its current term. The process of getting a green card and a work permit is arduous and requires patient navigation of a complex bureaucracy, but at least our legislative branch has moved to expedite the process and incorporate more immigrants into the legal citizenry. Our citizenship application, though complex and by no means perfect, is a dream compared to the Italian process.

Donald Trump’s threat to build a wall along the Mexican border earlier this year struck many of us as ridiculous, yet the Italian government has already built just such a wall to protect their borders–they have merely done so using an inefficient bureaucracy and institutionalized racism instead of bricks and mortar.

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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Illegal Immigration in Europe: Latest Shipwreck Sheds Light on Trend https://legacy.lawstreetmedia.com/issues/world/illegal-immigration-europe-latest-shipwreck-sheds-light-trend/ https://legacy.lawstreetmedia.com/issues/world/illegal-immigration-europe-latest-shipwreck-sheds-light-trend/#respond Sun, 26 Apr 2015 14:30:18 +0000 http://lawstreetmedia.wpengine.com/?p=38652

Why are so many migrants going to Europe?

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Like the United States, many European nations increasingly face an illegal immigration problem. As the sinking of a boat carrying migrants last week showed, this problem is also very deadly. But what is inspiring these migrants to risk everything and head for Europe? Read on to learn about the immigrants coming into Europe, the groups facilitating that process, and the issues with which Europe needs to contend in light of the influx of illegal immigration.


The Sinking and Legacy

On April 19, 2015, a boat on its way to Italy carrying illegal immigrants from places as far and wide as Eritrea and Bangladesh, capsized off the coast of Libya. The overcrowded boat overturned after ramming a Portuguese cargo ship, the King Jacob. A full count of the deceased is still unknown.

A Recurring Problem

While the recent wreck was a tragedy, it certainly was not the first and likely not the last boat filled with illegal migrants headed for Europe to sink. In fact, such incidents have happened frequently and speak to a much larger trend. In 2014 for example, as many as 218,000 migrants were estimated to have crossed the Mediterranean from Africa to Europe. This year, 35,000 have already been suspected of crossing from Northern Africa into Europe.

Those who have made the crossing must be considered the lucky ones. Attempted crossings lead to a substantial number of deaths at sea. Last year 3,500 people were believed to have perished during the attempted crossing. That number sits at around 1,600 this year, with the most recent sinking taken into account. Unfortunately these numbers are only likely to increase. Prior to this incident, since October 2013, there have been at least four other occurrences in which a boat carrying migrants had sunk while carrying at least 300 people.

Human Trafficking

These trips tend to be organized by human traffickers. The traffickers are predominantly Libyan bandits, militia, and tribesmen. There are two main routes these smugglers take to get their human cargo through Africa and into Europe. The eastern route stretches as far as Somalia, while the western one reaches Senegal. Regardless of the routes’ starting points, migrants are funneled to Libya where they are then launched from either Benghazi or Tripoli in overcrowded and rickety boats toward the coast of Italy.

Unfortunately, traffickers’ tactics have recently began to change, making them even more nefarious and hard to prevent. Many traffickers have begun abandoning their ships en route to Europe–literally leaving the ships without steering of any kind. The smugglers obtain a large cargo ship, then during the trip advise their migrant-manned crews to call for help while they abandon the ship. The reason why the smugglers do this is two fold: First they are paid up front so it does not matter to them whether these migrants actually make it to Europe or not; secondly, by abandoning the boat they reduce their own chances of being arrested and can then smuggle more people and further profit. This practice has extended the smuggling season from spring and summer to all year round, but has made the crossing even more dangerous.

The industry has become especially appealing for traffickers in the last few years as traditional sources of income have disappeared as a result of government upheaval. Additionally, those doing the actual trafficking in many cases are would-be migrants themselves, which makes stopping the practice extremely difficult. The video below briefly explains the harrowing journey from Libya to Europe and all its difficulties.


Why do migrants cross the Mediterranean?

With all these dangers in mind, why do migrants risk crossing the Mediterranean? The answer varies for each individual, yet some reoccurring themes present themselves. Many of these themes are similar to the reasons why people attempt to migrate to the United States. First, many of the migrants are escaping danger back home. This ranges from country to country as well–for example, there has been an increase in migrants from Syria due to the civil war in that country.

Along with danger, another major impetus is economic. Most of the migrants attempting the journey are young men looking for opportunities. The goals of these men naturally vary, but often the promise of success and the ability to send earnings back to their families is a common desire.

While migration to Europe has become popular, it was not always the top destination for migrants. In the past, migrants had also attempted to go to places such as Israel and Saudi Arabia; however, with Israel increasing security and with Saudi Arabia engaged in a military conflict in Yemen, these routes have dried up. Whichever route the migrants take, they risk abuse ranging from robbery to rape and murder. In response to these dangers and the increasing deterioration of Libya, some migrants have tried crossing through Morocco instead, a much more difficult route.


Impact on Europe

When migrants successfully make the journey to Europe, the onus shifts from their handlers to European authorities. Since many migrants arrive in Europe without identification of any kind, it can make it much more difficult to send them back. This, in effect, makes migrants asylum seekers who are then held in refugee camps. Once in these camps, migrants may continue onward in Europe where travel restrictions have been reduced as part of the open-border aspect of the European Union.

Migrants are sometimes also allowed to move throughout Europe due simply to the cost of supporting them. Italy, the destination for many migrants, was spending as much as $12 million dollars a month on its search and rescue efforts in the Mediterranean. Another popular hub, Greece, spent $63 million in 2013 fighting illegal immigration. The problem both these countries, and other southern-European countries, face is that while they are part of the EU, the costs of their efforts have been almost entirely their own burdens to bear. These costs can be especially painful, considering the same countries that serve as these initial destinations for migrants are the ones also currently dealing with recessions. The video below highlights the issues each country in the EU deals with in regards to immigration.

The reason why countries such as Italy and Greece are footing the majority of these bills is due to their immigration laws. According to something referred to as the Dublin Regulation, a migrant must be processed as an asylum seeker upon entering a country. Once the person has been processed in that country, they become the responsibility of that particular nation. The following video shows the strategic routes immigrants take into Europe and reiterates how asylum status is achieved.

The design of this system naturally leads to problems, chief among which are accusations by richer northern-European countries that their southern neighbors are letting migrants pass north in an effort to reduce costs for themselves. In response to these allegations and as a result of bearing what it perceives to be an unfair burden, Italy cancelled its search and rescue mission last year. In its place the EU created the Triton Mission, a program similar to Italy’s, which focuses on rescuing migrants. Moreover, as part of a proposed ten-point plan in response to the most recent ship sinking, the mission is slated to increase in size. Another aspect of that plan is a program that is supposed to be implemented to return refugees to their countries. Nonetheless, even if the EU goes forward with its goal to expand the Triton mission, it will still be smaller than the one Italy disbanded last year.


Conclusion

Despite being described by several sources as modern day slavery, the practice of illegally ferrying immigrants from Africa and elsewhere to Europe is unlikely to stop or even slow down any time soon. This is the result of many things that are not likely to change in the immediate future, such as relatively high standards of living in the EU, crisis in the Middle East and Africa, EU laws regarding migrants, and the lucrative trafficking operations. But if Europe wants to fix its broken immigration system and prevent future tragedies on the scale of last week’s ship sinking it must do more than simply increase patrols.


Resources

ABC News: Libya Migrant Boat Sinking

Wall Street Journal: Rich Smuggling Trade Fuels Deadly Migration Across Mediterranean

BBC News: Mediterranean Migrants: Hundreds Feared Dead After Boat Capsizes

Atlantic: Human Traffickers Are Abandoning Ships Full of Migrants

CNN: Eating Toothpaste, Avoiding Gangs: Why Migrants Head to the Mediterranean

Human Events: Illegal Immigration is Europe Losing Control of Its Borders

Economist: Europe’s Huddled Masses

EUbusiness: Commission Proposes Ten-Point Migrant Crisis Plan

Michael Sliwinski
Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

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New French Law to Ban Models Below Healthy Weight https://legacy.lawstreetmedia.com/news/new-french-law-ban-models-healthy-weight/ https://legacy.lawstreetmedia.com/news/new-french-law-ban-models-healthy-weight/#comments Sun, 05 Apr 2015 14:21:54 +0000 http://lawstreetmedia.wpengine.com/?p=37280

If an agency hires a model below a healthy weight, they may have to pay a price.

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It’s long been a pretty poorly kept secret in the fashion industry that many models are very thin–some dangerously so. For years, there’s been various debates in the industry over whether or not to make rules restricting the weight of models to ensure that the women (and men) showing off the latest high fashion designs are a healthy weight. Now France, one of the bastions of the fashion world, took a pretty strong step in that direction. A new French law prevents super-skinny models from being hired by designers and fashion houses. Industry members who do so may be subject to fines, or possibly even jail time.

The new law would essentially ban models who have a Body Mass Index (BMI) under 18. BMIs are calculated on a sort of sliding scale that takes into account an individual’s height and weight. The BMI then fits into one of a few different categories–including under healthy weight, healthy weight, overweight, and obese. However, doctors would also be consulted to ensure that the BMI test was being administered fairly, and to take into account the unique build and structure of the individual. Under a BMI of 18.5 is usually considered under healthy weight, and can be a marker to determine if someone has an eating disorder, such as anorexia or bulimia. There’s been an increased awareness brought to the problem of anorexia recently, particularly after the death of Isabelle Caro, a French fashion model who passed away most likely due to the disease in 2010.

An important aspect of the law to keep in mind is that it punishes the agencies or houses that hire the models, not the models themselves. This is to keep members of the industry from putting pressure on the models to lose weight, or stay at an unhealthy weight. As Dr. Oliver Véran, one of the legislators behind the bill put it, “a person should not be obliged to starve herself in order to work.”

France isn’t the first country to implement laws about the sizes of its fashion models. Other nations, such as Israel, Spain, and Italy have limited measures in place as well. However France’s seems to be the most sweeping. In France, punishments for employing a model who is below the healthy weight threshold could include a fine of up to 75,000 Euros ($82,000, under the current exchange rate), or up to six months of jail time.

Not everyone is on board with the new legislation however. Some think that the restrictions are too harsh, as well as too sweeping–they don’t allow as much ability to decide on an ad-hoc basis whether or not a model is healthy. That criticism includes the argument that just because a model has a BMI over the given level, does not mean that they are “healthy,” but could still be suffering from a debilitating eating disorder. Isabelle Saint-Felix, who heads up France’s National Union of Modeling Agencies stated:

When you look at the criteria behind anorexia, you can’t look only at the body mass index when other criteria are also involved: psychological, a history of hair loss, dental problems. It’s important that the models are healthy, but it’s a little simplistic to think there won’t be any more anorexics if we get rid of very thin models.

Overall, the recognition of possible dangerous attitudes in the modeling industry seems like a step in the right direction. That being said, there is clearly still more work to be done to ensure the fact that the models from the world’s top designers are healthy role models.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Amanda Knox’s Legal Limbo Almost Over https://legacy.lawstreetmedia.com/news/amanda-knoxs-legal-limbo-almost-over/ https://legacy.lawstreetmedia.com/news/amanda-knoxs-legal-limbo-almost-over/#comments Fri, 27 Mar 2015 16:33:08 +0000 http://lawstreetmedia.wpengine.com/?p=36645

What will the latest verdict be in the Amanda Knox case?

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She was convicted, then acquitted, and then re-convicted. Today, after more than seven years of legal limbo in the Italian justice system, Amanda Knox is expected to hear a verdict from Italy’s highest court to determine if her murder conviction will be upheld. If found guilty for a third time, Knox may find herself in an extradition battle between the U.S. and Italy.

If you are not familiar with the Knox case, or just a little hazy on all of the details, here’s a quick refresher:

In 2009 Knox and her former boyfriend Raffaele Sollecito were convicted of murdering 21-year-old British student Meredith Kercher, who in 2007 was found stabbed to death in the Perugia, Italy villa that she shared with Knox. Knox was sentenced to 26 years, and Sollecito to 25 years. Then in 2011, after having already served four years behind Italian bars, both Knox and Sollecito were found not guilty on appeal and released. Knox returned to Seattle. That acquittal was short lived because in 2014, the Italian Supreme Court overturned the appeal, convicting Knox yet again. This time, Knox was sentenced to 28.5 years in prison, Sollecito received 25 years. Now the Italian Supreme Court will decide if they will uphold Knox and Sollecito’s murder convictions, enter a new appeals round, or issue a ruling that amounts to an acquittal.

Knox, who never returned to Italy after being released, awaits a verdict from Seattle, while Sollecito, who has had his passport seized, has attended court proceedings in Italy.

So what does this all mean for Amanda Knox?

If found guilty, again, the Italian government may attempt to extradite the 27-year-old to Italy in order to serve out the remainder of her sentence. Normally that would be the case because of a 1983 extradition treaty between Washington and Rome, which allows individuals charged or convicted of certain crimes in one country to be detained and sent back to the other. However, it’s doubtful this will ever happen for Knox. In accordance with that treaty, the United States will not extradite a person who has previously been acquitted, which Knox was at one point. The U.S. Constitution also protects Knox from double jeopardy, which forbids an individual from being retried for the same charges they’ve been legitimately acquitted or convicted of.

According to CNN, the statute of limitations is double the sentence, meaning the Italians have 57 years to bring her back to the country. In order for Knox to be sent back to Italy, the American Secretary of State must first sign off. But due to the high profile nature of the case, including Amanda’s large number of supporters, and accusations of Italian police mishandling, this outcome is highly unlikely.

If Knox is found guilty and refuses to go back to Italy she will have an international arrest warrant lingering over her head, essentially making international travel for her an impossibility. Sollecito, on the other hand, has way more to lose, given that he is already in Italy and can be taken into custody immediately following the verdict.

Both Knox and Sollecito have never wavered in insisting their innocence in Kirchner’s murder. A judgment is expected to be handed out sometime Friday. We’ll continue to watch with the rest of the world to see what Amanda’s fate may be, but as of now it’s very uncertain.

 

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Right-Wing Groups in Europe: A Rising Force? https://legacy.lawstreetmedia.com/issues/world/declining-europe-leads-rise-right-wing-groups/ https://legacy.lawstreetmedia.com/issues/world/declining-europe-leads-rise-right-wing-groups/#respond Sun, 25 Jan 2015 17:36:53 +0000 http://lawstreetmedia.wpengine.com/?p=32509

After the economic crisis and the influx of immigration, right-wing groups are on the rise in Europe.

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The violence in Paris several weeks ago united Europe as little else has in recent years. Plagued by economic decline, some of the more prosperous nations have voiced discontent with the state of the European Union. Partly leading this surge is a wave of far-right political movements. These nationalist movements are gaining traction from Berlin to Paris to London as people tire of stagnant economic growth and demands for bail outs.

Additionally in many of these countries, a dramatic demographic change is occurring in which traditional peoples and cultures are finding themselves increasingly co-habitating with people who have different beliefs and practices. Read on to learn about the political shift and rise of right-wing groups in Europe after years of economic concerns and changing demographics in the region.


History of the European Union

The European Union, unsurprisingly, traces its roots to the aftermath of WWII. With the continent in ruins, several representatives from leading nations attempted to finally find some way to unify the region and put an end to the seemingly endless fighting that had just led to the most destructive war the world has ever known.

The process started with the European Coal and Steel Community in 1951, which had six founding members: West Germany, France, Italy, Belgium, Luxembourg, and the Netherlands. These six nations agreed to unite their coal and steel production. The foundation was built up further with the Treaty of Rome in 1957, which created the European Economic Community (EEC). In 1967 the European Parliament was created and in 1979 it had its first direct elections.

The European Union itself was codified in 1993 through the Treaty of Maastricht. In 2002, the Euro replaced the currency of 12 of the 15 members of the organization. The Euro reached its highest value against the dollar in 2008; however, like much of the rest of the developed world, the EU was then rocked by the global economic crisis. Since this time, the EU has been attempting to fight off recession and recover, with the only real bright spot being the addition of its twenty-eighth member country Croatia in 2013. The video below gives a succinct explanation of the EU.


Economic Turmoil

In 2008 the global financial crisis hit the European Union and the results have been devastating both economically and with regard to the unity of the region.

The Rich

The economic crisis has hit both rich and poor countries within the Eurozone alike. While many of the rich countries were not in need of bail outs, they still suffered from high debt. First, they had to bail out those troubled fellow EU members that were unable to pay off their high debts after the crisis hit. They also lost markets to sell goods as the cash-strapped nations to the south could not afford to buy as much of their products.

Furthermore, while some indicators of a healthy economy appear to show rich countries in the EU doing well, these can be misleading. In the case of Germany for example, unemployment sits at a very respectable five percent; however, economic growth is virtually flat. In the third quarter of 2014 the economy only grew 0.1 percent, which followed on the heels of a second quarter in which Germany’s economy actually shrunk by 0.1 percent.

Germany is far from the only and certainly not the worst-off wealthy nation in the Eurozone either. France, the second largest economy in the EU, has an unemployment rate of over ten percent and grew only 0.3 percent during the third quarter of 2013. This miniscule growth, similar to that of Germany, also followed a second quarter contraction. Other cases include Spain, the number four economy, and Italy, the number three economy in the Eurozone, with unemployment rates of about 24 percent and 13 percent respectfully.

The Struggling

While the economic crisis certainly hit both wealthy and poor European nations, as is usually the case, the less robust economies ended up worse off. It begins of course with the bail outs. Ireland, Portugal, Greece, Spain, and Cyprus all had to accept large sums of money from other EU members to avoid default.

Furthermore, as a result of the bail outs, these countries and others struggling with the debt crisis have had to employ austerity measures; however, this strategy limits growth especially because creditors will be hesitant to lend money to struggling economies. This then creates a brutal cycle in which these countries have a difficult time paying off their debts because growth is low and unemployment will remain high. The video below gives a great explanation of the European Union’s economic problems.


Changing Demographics

Coupled with a shaky economic situation are dramatic demographic changes in Europe. This change can be divided into three categories: fertility, age, and ethnicity. First Europe as a whole has a very low fertility rate. Fertility rate is basically the number of children a family can expect to have during its childbearing years. Replacement level, or the level of children being born needed to adequately replace the existing population, is 2.1 children. In 2012 the average fertility rate for countries within the European Union was 1.6 children–well below replacement levels.

Since fewer children are being born, the average populations of these countries are rapidly aging. In Poland for example, the percentage of people above the working age population, 15-64, is expected to increase from 20.9 percent in 2010 to 58 percent in 2050. A large aging population can be a double edged sword, as not only are older people more dependent on public services such as health care and pensions, but they are also less productive in the economy and save less, which affects investing.

Thus a lack of new labor and a society that increasingly needs it has led to mass migration in Europe. This migration can be broken down into two groups. First is the traditional type of immigration, specifically from countries outside the EU to countries inside of it. In 2012, for example, 1.7 million people migrated to the European Union. The other type of migration is within the European Union itself; this figure also was approximately 1.7 million for the year 2012. Both types of migration are headed in one specific direction–west. Western European nations, which not coincidentally have the best economies, are bearing the brunt of the mass movements. The top five destinations in order of descending immigrant arrivals were Germany, the UK, Italy, France, and Spain.

It’s also important to note the origin of the people immigrating. Many are coming from Eastern Europe. A large portion of the incoming people and groups are also Muslim. While it cannot be reiterated enough that the vast majority of Muslim immigrants are in every way able adaptable to European life, there is tension in Europe over this influx. Current events, such as the fact that it has been estimated that currently as many as three thousand European-born Muslims have fought on behalf of ISIS or other extremist groups in the Middle East, haven’t helped this tension.

While fear of these fighters returning home has far outstripped any actual problems, the recent shootings in Paris show what can occur when a marginalized group becomes incredibly radicalized. Unfortunately this image of radicalized Muslims plays perfectly into the hands of politicians and right-wing groups that have come to prominence at the expense of immigrant groups.

Europe has a long history of xenophobia. When it deals with mass immigration, the fear has turned into Islamaphobia.  While western Europeans may not be particularly thrilled with eastern European immigrants, Muslims are being singled out in particular because of their different culture and the historical legacy of conflict between Christian and Muslim areas of Europe and the Middle East. This fear and Islamaphobia also extends to first and second generation Muslims as well, particularly in a time of economic uncertainty.


The Reemergence of the Right Wing

All these issues–economic problems, low fertility rates, and mass immigration–have led to a resurgence in the power and appeal of right-wing parties in Europe. More specifically, what has led to this rise is how economic problems are perceived as being compounded by immigration. For example, in the European Union the youth unemployment rate as a whole is 23 percent; in Greece it has been as high as 60 percent.

In a sadly ironic twist the backlash to this has usually been against immigrants who are perceived as stealing the few precious jobs that are available; however, immigration is necessary in the first place because the birth rates are so low. Additionally, immigrant populations have even higher unemployment rates than native youth.

As a result of these concerns, in recent elections several far-right parties including France’s Front National, Greece’s Golden Dawn, Hungary’s Jobbik, and the United Kingdom’s UKIP all won a surprising number of votes. Each of these parties display different combinations of outward anti-Semitism, anti-immigrant sentiments, and racism, or have been associated with such traits in the past. While this by no means represents a majority, it does indicate a disturbing trend for the European Union.

While it seems clear that far-right political movements are on the rise in Europe, the question turns to what exactly these groups want. Just like other political groups, especially across national lines, their interests vary. Overall, the focus seems to be anti-immigration, specifically based on a fear that immigrants will take away badly needed jobs from native residents. At the forefront of this movement is the Front National in France, which won the most seats in the European Parliament of any far right party.

The Front National can be characterized as one of the most moderate of the far-right parties coming to power.  Its primary focus is on nationalism instead of more overtly far-right ideologies espoused by other groups such as Golden Dawn, Jobbik, and the accused neo-Nazi NPD group in Germany; however, Front National has its roots in exactly the same kinds of dogma that these groups maintain, namely anti-Semitism and racism. This is why the far right party in Britain, the UKIP, has refused to join with them. Thus the main connection these groups all seem to have is strong support for anti-immigration measures, which entails moving away from a united Europe and its open migration policies between nations. The video below provides further explanation of the rise of far-right parties and what they believe.


Current State of the Union

Europe appears to be in serious trouble. Its native population is dwindling because of low fertility rates and an aging population. The people migrating in to fill this void, while on the whole younger, also bring different cultures and mindsets. All this has led to a wave of right-wing parties that are in favor of closing borders, ousting immigrants, and breaking away from the ailing European Union.

Europe’s economy, while growing slightly, is still badly damaged and will likely take years just to return to pre-recession levels. Additionally, fertility rates in Europe show no signs of increasing for the most part, at least in native-born citizens. Without more people to assist the aging population, immigration is also likely to continue. This immigration is also likely to continue from Eastern Europe and nations with different ethnic and cultural backgrounds, which often include large numbers of Muslims.

In the future, however, it seems possible that significant changes could come to the union. First it is possible that the UK leaves the EU. Prime Minister David Cameron has already been cornered into a vote on whether or not to stay in the union. While a vote certainly doesn’t mean anything for certain, the mere fact that it is being forced upon him does. If the UK does leave it could have additional shockwaves on other nations such as France and Germany and may also lower confidence in the EU’s future.

A lot rides on France and Germany. They both have already invested a lot in the European Union and reaped rewards from it, so it might be a stretch for them to leave; however, calls for potential European bank reforms to mimic what they have done nationally shows not only how they view their own importance in Europe, but also is a test of how the other members view them as well.


Conclusion

Far right parties are becoming increasingly popular and powerful in Europe. This has been the result of a number of factors; notably the Eurozone economic crisis, low fertility rates, an aging population, and a large influx in immigrants. Furthermore, every indication shows that these mechanisms are only likely to keep moving down this path and not reverse course. Therefore, while it is too early to give up on the grand experiment of a United States of Europe, serious reforms are needed if the experiment is to work. Reform is also necessary if European leaders hope to quell the rising influence of far-right parties and their supporters.


Resources

Primary

World Bank: Learning About the Unknown: The Economic Impacts of Aging in Europe and Central Asia

European Commission: 2014 Autumn Economic Forecast; Slow Recovery With Very Low Inflation

European Commission: Eurostat; Migration and Migrant Population Statistics

Additional

NPR: A Brief History of the EU

Forbes: Suddenly the EU’s Break-Up Has Moved From a Long Shot to a Probability

The New York Times: Study on Wealth Fuels Euro Crisis Debate in Germany

Statista: Unemployment Rate in Member States of the European Union

Eurostat: Total Fertility Rates

Vienna Institutefor International Economic Studies: Effects of Euro Crisis on Europe’s Periphery

Telegraph: Muslim Europe; The Demographic Time Bomb Transforming Our Continent

CNN: From Antwerp to Aleppo–and Back; Europe’s Nightmare

Guardian: Eurozone Growth Figures; Germany Narrowly Avoids Triple-Dip Recession

New Geography: Will Europe Hit a Demographic Turning Point?

Huffington Post: Sudden Rise of Far-Right Groups in EU Parliament Rings Alarm Bells Across Europe

USA Today: Immigration Backlah is on the Rise in Europe

Michael Sliwinski
Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

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