Q8.10 I. Protection of Human Rights under the Italian Constitution
Description
This article is from the Italy FAQ, by Gianluigi Sartori gg@angel.stanford.edu, Paolo Fiorini fiorini@telerobotics.jpl.nasa.gov with numerous contributions by others.
Q8.10 I. Protection of Human Rights under the Italian Constitution
(Which are the articles of the Italian Constitution protecting basic
human rights?)
The respect of basic human rights is enshrined in the Constitution of the
Italian Republic issued by a Constitutional Assembly and enforced in 1948.
The constitution is the basic law of the Italian Republic. Let us consider
first the General Principles section.
Art. 2 of the General Principles states that the Republic acknowledges
and grants the inviolable individual human rights.
Art. 3 establishes the equality of all citizens in front of the law.
Art. 6 grants a special protection to linguistic minorities.
In art. 8 freedom of religion is established.
Art. 10 is particularly important as it declares that the Italian laws have
to follow the International laws. The principle that foreigners who are not
granted the basic freedoms of the Italian Constitution have the right to be
hosted in Italy is clearly stated. The refoulement or extradition of a foreign
citizen for crimes politically motivated is forbidden. In spite of this
article, Italy has not granted asylum to those refugees coming from outside
Europe until very recent times.
For our purposes the articles from 13 to 28 are of paramount importance
as well. They belong to the First Part:
Rights and Duties of Citizens under the title: "Civil Relationships".
Art. 13 states that personal freedom cannot be violated and that any sort
of ill-treatment (both physical and psychological) on prisoners is
punished by the law.
Art. 14 is about the inviolability of domiciles.
Art. 15 grants freedom and secrecy of correspondence and any other
communication between citizens.
Art. 16 states that every citizen can travel freely within Italy
and can leave the country whenever she or he desires. No restrictions to
these rights are allowed on political grounds.
Art. 17 grants the right of organizing peaceful meetings.
Art. 18 states the freedom of citizens to associate into organizations that
are not forbidden by the penal code.
Art. 19 is again about religious freedom. The limits to this freedom are
stated.
Art. 20 prevents the imposition of special taxes on religious organizations
in order to limit their diffusion or harass them.
Art. 21 is a long text devoted to freedom of speech, press and communication.
Art. 24 and 25 prevent abuses by the authorities. In art. 24 the right to
defence in front of a court is granted with special support for those
citizens who cannot afford a private lawyer. In art. 25 the non-retroactivity
of the law is stated. Only a court can judge citizens and no restrictive
measures are allowed but those provided for by the law.
In art. 26 the extradition of an Italian citizen for political crimes is
prohibited.
In art. 27 the correctional character of punishments is stated. For this
reason the death penalty is forbidden in time of peace.
Art. 28 states that civil servants are directly responsible for violating
basic human rights. Such a liability is extended to the State and other
public institutions.
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