Child Trafficking and National Protection Responses: the cases of Italy and the United Kingdom

Human trafficking constitutes one of the most severe violations of fundamental rights, with children representing the group most vulnerable to this phenomenon. This master’s thesis undertakes a comparative analysis of the protection systems for child victims of trafficking in Italy and the United Kingdom, with the aim of assessing strengths, weaknesses, and potential areas for improvement. The first chapter provides a theoretical and legal reconstruction of the concept of trafficking, beginning with the 2000 Palermo Protocol and subsequent international and regional instruments. Particular attention is devoted to the distinction between trafficking and smuggling, the issue of victims’ secondary criminalisation, and the ambiguities surrounding the notion of “exploitation.” The second chapter focuses on the Italian context, examining the legislative framework, short- and long-term protection programmes, the role of case law, and the contribution of NGOs. Weaknesses emerge in connection with the fragmented implementation of measures and the at times restrictive application of protection tools, as illustrated by certain judicial decisions. The third chapter analyses the British system, developed within a common law framework and structured around the Modern Slavery Act 2015 and the National Referral Mechanism. Despite the existence of formal safeguards, such as Temporary Permission to Stay, their practical application is often limited and inconsistent with the “best interests of the child” principle, resulting in reduced access to residence permits, legal assistance, and long-term support pathways. The fourth, comparative chapter contrasts the two legal systems, highlighting both similarities and divergences. Both models reveal shortcomings in ensuring the effective centrality of the child’s best interests and in providing durable protection. The research demonstrates that the full implementation of international standards requires a shift in perspective: from the mere formalisation of legal frameworks to a genuinely child-centred approach, capable of integrating prevention, protection, and social inclusion.