Birth Grant and Rights of Non-EU Citizens: Commentary on Judgment No. 10728 of 2024

Judgment No. 10728 of April 22, 2024, represents an important ruling by the Court of Cassation regarding the birth grant, an economic benefit intended for families with newborn children. This provision has a significant impact, especially for non-EU citizens, concerning the requirements for accessing this aid. The Court has established that the INPS circulars requiring an EU residence permit for the recognition of the grant are to be considered illegitimate.

The Regulatory Context

The birth grant is governed by Article 1, paragraph 353, of Law No. 232 of 2016, which provides economic support for families with a new baby. However, the issue becomes complicated when it comes to non-EU citizens without a residence permit. Until the judgment in question, there were uncertainties regarding the possibility of access to this benefit for women in this condition.

Birth grant pursuant to art. 1, paragraph 353, of Law No. 232 of 2016, in force ratione temporis - Non-EU citizen without an EU long-term resident residence permit - Entitlement - INPS Circulars Nos. 39 and 61 of 2017 requiring such permit - Illegitimacy - Existence. The birth grant referred to in art. 1, paragraph 353, of Law No. 232 of 2016, in force ratione temporis, is due to non-EU citizens even if they lack an EU long-term resident residence permit, as INPS Circulars Nos. 39 and 61 of 2017, which require such permit as a prerequisite for the recognition of the grant, must be considered illegitimate.

Implications of the Judgment

The decision of the Court of Cassation has important practical and social implications. Firstly, it affirms the principle of equal access to social rights, regardless of nationality or residence status. This represents a step forward towards greater inclusion of migrant families in the Italian socio-economic fabric.

• The recognition of the birth grant for non-EU citizens without a residence permit promotes greater dignity for mothers and their children.
• The judgment overturns the restrictive interpretation of the INPS circulars, which limited access to a fundamental right.
• It represents an important precedent for future legal issues concerning the rights of migrants.

Conclusions

In conclusion, Judgment No. 10728 of 2024 not only clarifies the rights of non-EU citizens regarding the birth grant but also marks a victory for the principles of social justice and equality. It is crucial that institutions continue to promote inclusive policies that guarantee all citizens, regardless of their origin, access to fundamental rights. The hope is that this ruling can positively influence legislation and administrative practice, ensuring a fairer future for all families.