Order of the Court of Bologna, I Civil Section, 27 October 2015

The Court of Bologna ordered to grant a residence permit for humanitarian purposes to a Congolese national, who was resident in Mali and had escaped from that country in the fear of be subjected to acts of violence or discrimination by reason of his loving relationship with a woman of Christian religion. Residence permits of this kind are provided for in Article 5.6 of legislative decree No. 286/1998, and may be granted if there are “serious reasons of humanitarian character, or deriving from Italy’s obligation under the Constitution or International law”. For the Court, these “serious reasons” must be interpreted in broad manner and, thus, encompassing also cases in which some risks exist that the inalienable rights of a foreigner, protected under Article 3 of the ECHR and Article 2 of Constitution, will be violated in case of repatriation.