The Constitutionalist Simoncini, ‘avant -garde paper on the disabled’

“Then, the reading of article 38 of our Constitution may be surprised in which it is written that ‘incapable and lines have the right to education and professional start -up’. The Italian encyclopedia Treccani has come to the field on time to affirm, in the item ‘disabilities’ edited by the talented Elena Vivaldi, that this expression is consistent with the mentality of the era in which the Constitution was written – observes the Constitutionalist Simoncini – But today it is no longer in accordance with the spirit and purposes of international conventions.

“The assumption is undoubtedly shareable: words are indicators of equality – explains Professor Simoncini – can stigmatize the differences as pathologies or remind us of the richness of our own humanity that manifests itself in many forms, all equally human. However, I would not like this even just a request to obtain a paradoxical effect – warns the illustrious jurist – in fact, it could happen that our constitution is concentrated on our constitution. ‘Minorati’ and not of ‘disabilities’, forgotten the extraordinary fact: that is, that it speaks of it. and which emerges as a distinctive character in that paragraph. There it is said, in fact, that the person ‘incapacitated or minors’ – and today we would say it in a certainly different way – is entitled to education and learn a job! Therefore, not only to an economic providence because it will never be able to carry out a job, but it is recognized that it fully participates in those social formations in which it expresses its personality, as stated in article 2 for everyone, regardless of the skills. He is a citizen, not an assisted; And for this reason it has the right to develop all its potential through the two fundamental relationships that allow human development: school and work “.

In addition to the general legislation on assistance and social security, precisely from that paragraph of art. 38, recalls Professor Andrea Simoncini – in recent years the policies on the insertion and support for school of boys and girls with disabilities have been derived – it is actual this right ‘, he has repeatedly reiterated the Constitutional Court in recent years; As well as the policies for the mandatory job placement of those that – with the same linguistic stigma that we want to fight today – have been called ‘protected categories’; But which was still aimed at a revolutionary step forward compared to the welfare logic and ‘pietistic’ with which the disability was faced until the advent of the Republic “.

“Just, therefore, to note that the ‘lower’ word ‘used by the Constitution today appears misleading and must be changed – concludes the Constitutionalist Simoncini – but be careful not to feed, even if involuntarily, a devaluation perception towards a Constitution that on the theme of the person and its integral dignity, still represents an essential reference for a society in a man and to dictate the path to a legislator. up to par “.