© Università degli Studi di Padova - Credits: HCE Web agency
1. “The Republic recognises and guarantees the inviolable rights of the person, both as an individual and in the social groups where human personality is expressed. The Republic expects that the fundamental
duties of political, economic and social solidarity be fulfilled”.
Art. 2 of the Constitution of the Italian Republic is in full accordance with the Universal Declaration of Human Rights, in particular with art. 1, which proclaims: “all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience, and must act towards one another in a spirit of brotherhood”.
The principles of a “new”, human-centric international law were enshrined in the United Nations Charter and in the Universal Declaration of Human Rights, and have developed through numerous international instruments, starting – on a universal level – with the two International Covenants of 1966 regarding, respectively, civil and political rights, and economic, social and cultural rights; and – on a regional – European level – with the 1950 Convention on the Protection of Human Rights and Fundamental Freedoms.
The Italian constitutional system is in perfect harmony with the main principles set forth in those legal sources. The principle of equality and the related principle of interdependence and indivisibility of all the human rights, according to which economic, social and cultural rights are just as fundamental as civil and political rights, finds substantial acknowledgement in art. 3 Const.: “all citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinion, or personal and social condition. It is the task of the Republic to remove obstacles of an economic and social nature which, in limiting in fact freedom and equality among citizens, prevent the full development of the human being and the real participation of all workers in the political, economic and social organisation of the Country”.
The Preamble to the Universal Declaration reads: “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.
Art. 11 of the Italian Constitution acknowledges the founding nature of this message and translates it into a solemn commitment for positive peace: “Italy rejects war as an instrument of aggression against the freedom of other peoples and as a means for the settlement of international disputes. Italy agrees, on conditions of equality with other States, to the limitations of sovereignty that may be necessary to a world order ensuring peace and justice among nations. Italy promotes and encourages international organisations furthering such ends”.
The fact that Italy has ratified most international human rights instruments, whether universal or European, attests to its commitment to carrying forward the rule of law and democratic principles in the name of universal ethics.
The obligations deriving from those legal instruments are numerous and complex. Within a dynamics tending toward the perennial improvement of norms and institutions, in fact, one must continually adapt this or that part of the internal legal system; one must continually update and enrich case-law, and further public policies which are consistent with the logic of “positive measures”.
[...] in order to read the whole introduction, please download the file from the box below.
11/4/2012
University of Padova
Human Rights Centre
"Antonio Papisca"
Complesso Universitario
Via Beato Pellegrino, 28
35137 Padova
Tel 049 827 1813 / 1817
E-mail
centro.dirittiumani@unipd.it
Certified e-mail (PEC)
centro.dirittiumani@pec.unipd.it
University of Padova
Human Rights Centre
"Antonio Papisca"
Complesso Universitario
Via Beato Pellegrino, 28
35137 Padova
Tel 049 827 1813 / 1817
E-mail
centro.dirittiumani@unipd.it
Certified e-mail (PEC)
centro.dirittiumani@pec.unipd.it
© Università degli Studi di Padova - Credits: HCE Web agency