The protection of fundamental rights of asylum seekers in Italy: from Extraordinary Reception Centres (CAS) to judicial responses in Gaza humanitarian crisis.

Nowadays the protection of asylum seekers’ fundamental rights is becoming a pressing concern in the current society. The Extraordinary Reception Centres (Centri di Accoglienza Straordinaria - CAS), initially introduced as a temporary emergency measure, have gradually become a permanent yet unstable feature of Italy’s reception system. Their fragmented structure and inconsistent management expose the tension between the constitutional and international guarantees of rights and the often-precarious realities of life within these facilities, which leads to inconsistencies in the protection of basic human rights. Through an analysis of national, European, and international legal frameworks, the research investigates the degree to which Italy ensures the respect of essential rights such as healthcare, education, legal assistance, freedom of movement, and social inclusion. Particular attention is paid to the practical implementation of these rights within CAS, drawing on reports from NGOs such as MEDU (Medici per i Diritti Umani), AIDA (Asylum Information Database) and the actual CAS facilities that are active in the Italian territory, as well as Italian constitutional and administrative principles. The final part of the thesis explores the role of the judiciary in reinforcing human rights protection, focusing on recent case law from the Tribunal of Rome. The ordinances concerning families affected by the Gaza crisis (2023-2025) demonstrate how Italian courts can play a decisive role in safeguarding humanitarian principles, even in transnational contexts. These judicial decisions reflect a rights-based approach that transcends national boundaries, reaffirming the constitutional and international obligations of the Italian State toward vulnerable individuals. Through their reasoning, the judiciary reaffirms the idea that access to safety and family unity are not privileges granted by policy, but legal entitlements rooted in the universality of human rights. The study concludes that while the legal framework for the protection of asylum seekers’ rights in Italy is robust, its practical enforcement remains uneven. The intervention of the judiciary emerges as a crucial corrective mechanism to ensure that fundamental rights are not only formally recognized but also effectively implemented, even in times of humanitarian emergency.