Quarant'anni (e più) di tutela della salute degli stranieri in Italia (dalla legge n. 833/1978 istitutiva del Servizio sanitario nazionale al d.l. "sicurezza" n. 113/2018)

Both before and after the approval of Law n. 833/1978 (which founded the Italian Healthcare System), the Italian legislation have been broadly protecting the healthcare right of foreigner people. From 1998 until 2017 the regulations protecting foreigners’ healthcare have been part of Immigration Law. Since 2017 they have been enshrined into the new “Lea” (Essential Levels of Assistance): This fact could have positive implications both for the protection of healthcare right itself and for the division of competences between the State and the Regions. Most recently, Decrete Law n. 113/2018, by changing the Italian Immigration Law, introduced the residence permit for medical treatment. The A. observes how it poses several questions mostly about the responsibilities of health professionals. The same Decrete Law n. 113/2018 repealed the residence permit for humanitarian reasons. The A. explores the possibility, coming from the combined interpretation of artt. 32, c. 3 e 19, c. 1.1 of Italian Migration Law, of releasing to foreigners who need medical care the residence permit for torture.