I minori stranieri non accompagnati fra tutela delle vulnerabilità e gestione emergenziale del fenomeno

This article proposes an analysis of d.l. 5 ottobre 2023, n. 133, which is one of the most recent legislative measures in the field of unaccompanied foreign minors. Starting from the legal and philosophical assumptions linked to the state of vulnerability of these persons, we will focus essentially on three aspects: the reception of the minor in adult centres; the verification of the minor’s age; the conversion of the residence permit obtained as a minor upon reaching the age of majority. The aim of the paper is to highlight some critical aspects of the discipline, especially between the normal discipline provided for in the matter and the new exception recently introduced. In particular, we will question the risks that the exceptional and urgent grounds – underlying the new regulation – entail in relation to the status of unaccompanied foreign minors, who risk undermining the multilevel protection that the supranational and international systems grant them, precisely because of their particular vulnerability.