Extreme hardship, care ethics, and humanitarian protection: Lessons from Libya and Italy

Abstract

This paper focuses on the extreme hardship suffered by migrants crossing through Libya to reach Italy and Europe. The paper documents and defines the notion of extreme hardship and argues in favour of an ethics of care that provides for protection for those migrants who may not be asylum seekers for what concerns their initial motivation for migrating but who need humanitarian protection because of the harm suffered while en route. Starting with a normative exploration of how an ethics of care can and should inform the policy of countries of arrival, this paper analyses the specific case of Italy and the emerging case law and legal practice in relation to the humanitarian stay permits. Based on the analysis of relevant scholarly literature, policy and legal texts and interviews with expert informants (lawyers and judges) and taking stock of an innovative practice that emerged in Italy in the period 2015–2020, the paper also discusses similar provisions in other European countries and argues for the possibility to develop and codify a humanitarian permit, at national or also European level.