giovedì 3 dicembre 2009

Identity and Citizenship

Today, identity and citizenship represent two of the most debated concepts of our time.
In fact as the circulation of goods, capital and people increases, there is an equally vertiginous increase in the circulation of meanings.
The Italian State, currently risks to be an empty vessel, in that it is not yet mature to receive and socially regulate this tendency.
In fact, today it’s difficult to contain this new element within the physical boundaries of a nation like Italy.
Cultures continue to mix, the boundaries of our origin, be it political or social, identity and citizenship are like imprecise frontiers.
In considering these thoughts, aware of my limits and possibilities, it becomes evident that both identity and citizenship are without political or civil rights.
The principal figures of these reflections, apart from imigrants, are the disabled, those who strive to see themselves as people with full rights.
Today, disability is the discussion least debated in the Italian parliament. The theme of corporal and or mental differences is frequently put aside if not totally eliminated – the subject is embarassing in this country – we’re afraid of it.
Architectural barriers, scolastic and work integration preclude freedom, dignity, the right to identity and citizenship, fundamental and undeniable concepts in order to have full civil rights.
But our country from a legislative point of view is not the most advanced, but it’s the best organized.
Here’s a list of the principal constitutional and ordinary regulations current in our country.
Constitution. Art. 3: All citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinions or personal and social condition.
It is the duty of the republic to remove social and economic obstacles which by limiting the freedom and equality of the citizens, impede the full development of the human person and the effective participation of all workers in the political, economic and social organization of the country
Art. 32: The Republic assumes responsibility for health as a fundamental right of the individual and in the interests of the comunity and guarantees free care for the needy.
Nobody can be forced to undertake a particular treatment if not obliged to do so by law. The law may not in any case violate the limits imposed by respect for the human person.
Art. 38. Each citizen who is unable to work and without necessary means to live has a right to maintenence and social assistance.
Workers have the right to be taken care of and are assured means adequate to their lifestyle in case of accident, sickness, invalidity and old age or involuntary disoccupation.
Those who are unable to work and the disabled have the right to education and professional training. This article includes institutions and structures predisposed or integrated by the State.
Private assistance is free.
Ordinary Laws. Law 5 February 1992, n. 104.
“Law for the assistance, social integration and rights of handicapped people.
Art. 1: The Republic: guarantees full respect for human dignity and rights of freedom and autonomy of the disabled person and promotes full integration in the family, in school, at work and in society; prevents and removes invalidating conditions which impede the development of the human person, obtaining the maximum possible autonomy and partecipation of the disabled person in the life of the comunity, as well as the realization of civil, political and patrimonial rights; will follow the functional and social recovery of people affected by physical, psychical and sensorial disabilities, and ensure services for the prevention, care and rehabilitation of physical problems, as well as the giuridical and economic care of the disabled person ; will take steps to overcome cases of emargination and social exclusion of the disabled person.
Art. 24: Prostheses and technical aids. With the Health Ministry’s decree to be emitted, and having heard the national health counsel, within six months of the entry in vigor of this current law, in the revision and ridefinition of the price list of permitted prostheses (see third comma Art. 26, law 23 December 1978, n. 833: electronic articles and equipment, and tecnical aids which will help to compensate the difficulties of people with physical or sensorial disabilities, will be included.
Law 9 January 1989, n. 13:
“Steps to favour overcoming and eliminating architectural barriers everywhere”.
Law 22 March 2000, n. 69
Financial interventions for the strengthening and qualification of scolastic integration of disabled pupils.
Law 12 Marzo 1999, n. 68:
Rules for the right to work for the disabled.
Art. 1. The current law has the finality of promoting the hiring and integration of disabled people in the work environment, through sustaining services and targeted collocation.
If these laws were respected, not only would they encourage integration, at the same time they would put an end to emargination and prejudice.

Salvatore Cimmino

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