Antonia Maria Scaravilli

Family constitutional safeguard and foreigners' rights: Regions, Constitutional Court and «safety decree»

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Abstract

When discussing the constitutional safeguards also applying to citizens from foreign countries, beyond merely literal interpretations of internal previsions, the Italian Constitutional Court seems have long considered the principles as from Art. 2 of the Italian Constitution which recognizes and safeguards the inviolable human rights, both as an individual and in social groups, therefore including the family, first of all. The recent, urgent approval of measures aiming at controlling migration in Italy through the «safety decree» has given rise to the doubt that such rights may be prejudiced and has brought in again the debate on the role of Regions as to foreigners’ social integration and the guarantee of basic standards when supplying associated services.

Keywords

  • human rights
  • family constitutional safeguard
  • «safety decree»
  • Regions jurisdiction
  • discriminatory care standards

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