Abstract
[Autom. eng. transl.] The essay aims to analyze the condition of the right to education in the context of the state of emergency caused by the pandemic.
In particular, a problem has arisen, typical of constitutional law, of balancing the needs of health protection, as a fundamental interest of the community, as well as individual law, and the guarantee of education, which is also counted among fundamental rights. of the person protected by the Constitution.
A rather uncertain picture emerges, in consideration of the fact that the health emergency has revealed not a few critical aspects of the school system, but at the same time has indicated some useful opportunities.
Certainly, the use of guidelines as guidelines for the government and administration of the school sector, if on the one hand it does not constitute a completely new novelty for the school sector - just think of the so-called 'national indications', with which the programming of the system is defined - on the other hand it forces us to question the impact that the use of typically emergency acts (ordinances) can have on the system of sources of law.
Translated title of the contribution | [Autom. eng. transl.] Protection of health and guarantee of the right to education in a state of emergency. New opportunities and old problems to the challenge of the pandemic |
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Original language | Italian |
Pages (from-to) | 1-14 |
Number of pages | 14 |
Journal | CORTI SUPREME E SALUTE |
Publication status | Published - 2020 |
Keywords
- Diritto all'istruzione
- Emergenza sanitaria
- Health protection
- Right to education
- Sanitary emergency
- School
- Scuola
- Tutela della salute