A recent law (2019) finds its reference point in the primary source of law, dating back to the late ‘40s but still essential in the present day.
Specifically, law no. 92 of 2019 (on the "Introduction of civic education in schools") finds one of its cornerstones, and inspiration, in the Constitution of the Italian Republic. In fact, the Constitutional Charter establishes, on the one hand, the basic principles aimed at regulating the most relevant aspects of civil life and, on the other, dictates the rules that must inspire the conduct of citizens, both individually and as part of a "group", the first of which is the family, although civil and religious communities, linguistic minorities and associations etc, assume no less importance.
In this sense, it is essential to examine, albeit briefly, the articles where the principles are defined and the rights and duties referred to in the aforementioned subjects are explained; without neglecting, on the one hand, the historical context from which they derive, and, on the other, the sense of unity that ends up characterizing the person, either as an individual or as part of the social formations that characterize the unfolding of social life in a collective perspective (for example: family, civil and religious communities, political parties, associations). In this last regard, consider the provisions of article 2: "The Republic recognizes and guarantees the inviolable rights of the person, as an individual and in the social groups where his personality is expressed, and requires the fulfilment of the mandatory duties of political, economic and social solidarity".
In the Constitution – even though it’s historical origins date back to the end of the Second World War, it should not be considered as "outdated", as it is still the most complete amongst those of the various democratic nations, by which new values are borne - the citizen becomes the fundamental centre of civil life, to whom, precisely for this reason, specific rights are recognized and specific duties are imposed.
In this regard, it should be remembered that the essential pillar, on which the constitutional framework relies on, is to be found in the principle of equality. In the eyes of the law, citizens must be treated equally, regardless of gender, race, spoken language, religion practiced, political opinions held, as well as the personal and social conditions of each individual. This statement is accompanied by the duty, clearly stated in article 3, to remove "[...] obstacles of an economic and social nature which, by limiting the freedom and equality of citizens, prevent the full development of the human being[...]".
It may be interesting to highlight how the specific rights of an individual or citizen belong to three different categories, depending on the historical period in which they were established, with a fourth category being recently introduced.
There are so-called first generation rights, which pertain to freedoms “from the State” (also called negative freedoms). These are, for example, personal freedom, seen as freedom from any form of coercion (article 13); economic freedom and the right to own a property (articles 41, 42), intended, firstly, as the freedom to set up enterprises aimed at making a profit, without causing damage to the community and, secondly, as the right to enjoy and dispose of things fully and exclusively; the freedom to express one's thoughts by any means (article 21), as well as religious freedom (article 19), intended as the possibility of believing and professing any religion (Catholic, Protestant, Islamic, etc.).
Then there are the so-called second generation or "political" rights (or freedom “in the State”) – such as rights exercised by the citizen in order to participate in the life of the institutions that make up the constitutional structure of the Republic – which include the right to vote and to assemble. The vote (article 48), that is the modality through which adult citizens are able to participate in political life, by electing, for example, the Mayor of their municipality, represents both a right and a duty at the same time. The right of association, the concrete realization of which requires the participation of a multiplicity of citizens, consists of the right to assemble, without any need for authorization if the aims pursued are not illegal.
With regards to the so-called third generation rights (or freedom “by means of the State”), these represent a set that requires public intervention. This includes health (article 32), education (articles 33, 34) work and social security. In the Constitutional Charter, health is a fundamental right of the individual, which for this reason must be understood as protection from any behaviour that could jeopardize the physical integrity of the person and as access to necessary care, as well as, on the other hand, a primary interest of the community. Education, that is the art of learning, studying and teaching, represents a right and a general duty. The school, in fact, as the Constitution states, "is open to everyone" and, as far as the capable and deserving are concerned, even if they have no means, the right to attain the highest education is envisaged. This is made possible through the award of scholarships, family allowances and other forms of providence awarded through competitions. Similarly, the Constitution establishes the right to work for women and men (articles 35, 36, 37) together with the complementary right to adequate assistance in the event of involuntary loss of work, disability, accident, invalidity, old age and illness.
Furthermore, when we talk about the so-called fourth generation rights (or new rights), we refer to those not provided verbatim by the Constitutional Charter, but which find their foundation and protection in it. They are the result of the historical and technological evolution of Society and are the consequence of an "open" reading of article 2. As examples, a mention can be made to the privacy and the right to be forgotten.
The set of rights that characterize the actions of the individual, in the community to which they belong, are accompanied, in a complementary manner, by a series of constitutional duties, which make up, as a whole, the criteria for the individual's action within the community. These are the mandatory duties of political, economic and social solidarity, which are the set of behaviours to which individuals are called to in order to create a supportive and pluralistic community. Above all it is worth recalling the duty to work (article 4), which is aimed at making a personal contribution to the well-being of society, and the duty of parents to support, teach and educate their children, even if they were born out of wedlock (article 30), the homeland defence (article 52), the duty of loyalty to the Republic and the observance of the Constitution and the other laws that govern it (article 54), as well as the duty to contribute to public expenses according to one's financial resources (article 53), from which the Italian tax system originates.
The set of constitutional rights and duties represents the balance on which to base the daily actions of the individual in the respective community.
Two more cues:
1) The aspects governed by the Constitutional Card according to the criteria that are no longer current can and must find their modification through constitutional laws (with the related special procedure) and not by virtue of the initiatives of institutional bodies;
2) It is surprising how the words used in 1958 by the then Minister of Education (albeit archaisms typical of the time) find full correspondence in current events, even regarding the topic of Education. We refer to what Honourable Aldo Moro, who was kidnapped and killed by the Red Brigades, said: "It is necessary that the new Constitutional Charter finds an adequate place in the didactic framework of schools of all levels, in order to make the new generation aware of the moral achievements, which are now a sacred legacy of the Italian people".
Today, the point, with regard to the previously mentioned norm on the subject of Civic Education, is reinforced. It is also reiterated in a recently published book, which states: "Students will study the Constitution and the main laws... with the objective to provide them with the tools to know their rights and duties, to train responsible and active citizens...”.