RIGHTS AND DUTIES OF CITIZENS
Personal liberty is inviolable.
No form of detention, inspection or personal
search is admitted, nor any other restrictions on personal freedom except by
warrant which states the reasons from a judicial authority and only in cases
and manner provided for by law.
In exceptional cases of necessity and urgency,
strictly defined by law, the police authorities may adopt temporary measures
which must be communicated within forty-eight hours to the judicial authorities
and if they are not ratified by them in the next forty-eight hours, are thereby
revoked and become null and void.
All acts of physical or moral violence against
individuals subjected in any way to limitations of freedom are punished.
The law establishes the maximum period of
The home is inviolable.
Inspections or searches or seizures may not be
carried out except in cases and manner prescribed by law in accordance with the
guarantees prescribed for safeguarding personal freedom.
Controls and inspections for reasons of public
health and safety or for economic and fiscal purposes are regulated by special
The freedom and secrecy of correspondence and
of every other form of communication is inviolable.
Restriction thereto may be imposed only by
warrant which gives the reasons issued by a judicial authority with the
guarantees established by law.
All citizens may travel or sojourn freely in
any part of the national territory, except for general limitations which the
law establishes for reasons of health and safety. No restrictions may be made
for political reasons.
All citizens are free to leave and reenter the
territory of the Republic, provided the legal obligations are fulfilled.
Citizens have the right to assemble peaceably
No previous notice is required for meetings,
even when in places open to the public.
For meetings in public places previous notice
must be given to the authorities, who may forbid them only for proven motives
of security and public safety.
Citizens have the right to form associations
freely, without authorization, for ends which are not forbidden to individuals
by criminal law.
Secret associations and those which pursue,
even indirectly, political ends by means of organizations of a military
character, are forbidden.
All have the right to profess freely their own
religious faith in whatever form, individual or associate, to propagate it and
to exercise it in private or public cult, provided that the rites are not
contrary to morality.
The ecclesiastical nature and the purpose of
religion or worship of an association or institution may not be a cause for
special limitations in law, nor for special fiscal impositions in its setting
up, legal capacity and any of its activities.
All have the right to express freely their own
thought by word, in writing and by all other means of communication.
The press cannot be subjected to authorization
Seizure is permitted only by a detailed warrant
from the judicial authority in the case of offences for which the law governing
the press expressly authorizes, or in the case of violation of the provisions
prescribed by law for the disclosure of the responsible parties.
In such cases, when there is absolute urgency
and when the timely intervention of the judicial authority is not possible,
periodical publications may be seized by officers of the criminal police, who
must immediately, and never after more than twenty-four hours, report the
matter to the judicial authority. If the latter does not ratify the act in the
twenty-four hours following, the seizure is understood to be withdrawn and null
The law may establish, by means of general
provisions, that the financial sources of the periodical press be disclosed.
Printed publications, shows and other displays
contrary to morality are forbidden. The law establishes appropriate means for
preventing and suppressing all violations.
No one may be deprived, for political reasons,
of legal status, citizenship, name.
No services of a personal or a capital nature
may be imposed except on the basis of law.
Everyone can take judicial action to protect
individual rights and legitimate interests.
The right to defence is inviolable at every
stage and moment of the proceedings.
The indigent are assured, through appropriate
institutions, the means for action and defence before all levels of
The law determines the conditions and the means
for the reparation for judicial errors.
No one may be moved from the normal judge preestablished
No one may be punished except on the basis of a
law already in force before the offence was committed.
No one may be subjected to security measures
except in those cases provided for by law.
Extradition of a citizen is permitted only in
cases expressly provided for in international conventions.
In no case may it be permitted for political
Criminal responsibility is personal.
The defendant is not considered guilty until
final judgment is passed.
Punishment cannot consist in treatment contrary
to human dignity and must aim at rehabilitating the condemned.
The death penalty is not permitted, except in
cases provided for in martial law.
Officials and employees of the State and public
entities are directly responsible, according to criminal, civil and
administrative laws, for acts committed in violation of rights. In such cases
the civil responsibility extends to the State and the public entities.
ETHICAL AND SOCIAL RELATIONS
The Republic recognizes the rights of the
family as a natural society founded on matrimony.
Matrimony is based on the moral and legal
equality of the spouses within the limits laid down by law to guarantee the unity
of the family.
It is the duty and right of parents to support,
instruct and educate their children, even those born outside of matrimony.
In cases of the incapacity of the parents, the
law provides for the fulfilment of their duties.
The law ensures to children born outside of
marriage full legal and social protection, compatible with the rights of
members of the legitimate family.
The law lays down the rules and limitations for
The Republic assists through economic measures
and other provisions the formation of the family and the fulfilment of its
duties, with particular consideration for large families.
It protects maternity, infancy and youth,
promoting the institutions necessary thereto.
The Republic safeguards health as a fundamental
right of the individual and as a collective interest, and guarantees free
medical care to the indigent.
No one may be obliged to undergo particular
health treatment except under the provisions of the law. The law cannot under
any circumstances violate the limits imposed by respect for the human person.
Art and science are free and teaching them is
The Republic lays down general rules for
education and establishes State schools for all kinds and grades.
Entities and private persons have the right to
establish schools and institutions of education, without impositions for the
The law, in fixing the rights and obligations
on non-state schools which request parity, must ensure to these schools full liberty
and to their pupils scholastic treatment equal to that of pupils in State
State examinations are prescribed for admission
to the various kinds and grades of schools or at their termination and for
qualifications to exercise a profession.
Institutions of higher learning, universities
and academies, have the right to establish their own regulations within the
limits laid down by the laws of the State.
Schools are open to everyone.
Elementary education, imparted for at least
eight years, is compulsory and free.
Capable and deserving pupils, even without
financial resources, have the right to attain the highest levels of education.
The Republic makes this right effective through
scholarships, payments to families and other provisions, which must be assigned
through competitive examination.
The Republic protects work in all its forms and
It provides for the training and professional improvement
It promotes and encourages international
agreements and organizations whose aim is to assert and regulate labour rights.
It recognizes the freedom to emigrate,
safeguarding obligations established by law in the general interest, and protects
Italian labour abroad.
Workers have the right to wages in proportion
to the quantity and quality of their work and in all cases sufficient to ensure
them and their families a free and dignified existence.
The maximum working day is fixed by law.
Workers have a right to a weekly rest day and
paid annual holidays. They cannot waive this right.
Working women have the same rights and, for
equal work, the same wages as working men. Working conditions must allow women
to carry out their essential role in the family and ensure special appropriate
protection for the mother and the child.
The law establishes the minimum age for paid
The Republic protects the work of minors by
means of special provisions and guarantees them, for equal work, the right to
Every citizen unable to work and without the
resources necessary to live has a right to social maintenance and assistance.
Workers have the right to be provided with and
assured adequate means for their needs and necessities in cases of accidents,
illness, disability and old age, and involuntary unemployment.
Disabled and handicapped persons have the right
to education and vocational training.
The duties laid down in this Article are
provided for by organs and institutions established by or supplemented by the
Private assistance is free.
Trade union organization is free.
No obligations can be imposed on trade unions
other than registration at local or central offices, according to the
provisions of the law.
A condition for registration is that the
statutes of the trade union confirm the democratic basis of the internal
Registered trade unions are legal persons. They
may, through a representative unit proportional to their members, enter into
collective labour agreements having mandatory effect for all persons belonging
to the categories referred to in the agreement.
The right to industrial action is exercised
within the laws which regulate it.
Private economic initiative is free.
It cannot be conducted in conflict with public
weal or in such manner that could damage safety, liberty, and human dignity.
The law determines appropriate planning and
controls so that public and private economic activity is given direction and
coordinated to social objectives.
Property is public or private. Economic goods
belong to the State, to entities or to private persons. Private property is
recognized and guaranteed by law, which prescribes the ways it is acquired,
enjoyed and its limits in order to ensure its social function and to make it
accessible to all.
Private property can, in such cases provided
for by law and with provisions for compensation, be expropriated for reasons of
the public weal.
The law establishes the regulations and limits
of legitimate and testamentary inheritance and the rights of the State in
questions of inheritance.
For purposes of general utility the law can
reserve from the beginning or transfer, by means of expropriation and payment
of compensation, to the State, to public entities or to workers communities or
users, specific enterprises or categories of enterprises which relate to
essential public services or sources of energy or monopolistic situations and
which have the nature of primary general interest.
For the purpose of securing a rational
exploitation of the soil and to establish equity in social relationships, the
law imposes obligations and constraints on private ownership of land, fixes
limitations to the extension thereof according to region and agricultural zone,
encourages and imposes land reclamation, the transformation of large estates
and the reorganization of productive units, assists small and medium-sized
The law makes provisions in favour of
The Republic recognizes the social function of
cooperation of a mutualistic nature and without purposes of private
speculation. The law promotes and encourages them through the appropriate means
and secures, through appropriate controls, their character and purposes.
The law provides measures for safeguarding and
With the objective of economic improvements and
the social betterment of labour and in harmony with the needs of production,
the Republic recognizes the rights of workers to collaborate, in the ways and
within the limits established by law, in the management of enterprises.
The Republic encourages and safeguards savings
in all forms; it disciplines, coordinates and controls the exercise of credit.
It promotes the access of popular savings to
the ownership of housing, to directly cultivated property and indirect
investment in the shares of the large production complexes of the country.
All citizens, male and female, who have
attained their majority, are electors.
The vote is personal and equal, free and
secret. The exercise thereof is a civic duty.
An Act of Parliament shall establish the
conditions and the procedures under which Italian nationals resident abroad may
exercise their right to vote in Italian elections, and shall guarantee its
effectiveness. For this purpose a 'Foreign Constituency' shall be created to which
Members to both Houses of Parliament shall be elected. The number of seats
shall be established by a constitutional law and comply with the criteria
enacted by Act of Parliament.
The right to vote cannot be restricted except
for civil incapacity or as a consequence of an irrevocable penal sentence or in
cases of moral unworthiness as laid down by law.
All citizens have the right to freely associate
in parties to contribute through democratic processes to determining national
Al1 citizens may present petitions to both
Houses to request legislative measures or to express collective needs.
All citizens of either sex are eligible for
public office and for elected positions on equal terms, according to the
conditions established by law.
The law may grant Italians who are not resident
in the Republic the same rights as citizens for the purposes of access to
public offices and elected positions.
Whoever is called to perform an elected public
office has the right to have the needful time to carry out that function and to
conserve his place of work.
The defence of the Fatherland is a sacred duty
for every citizen.
Military service is obligatory within the
limits and the ways set by law. Fulfilment thereof shall not prejudice a
citizen's employment, nor the exercise of political rights.
The regulations of the armed forces are based
on the democratic spirit of the Republic.
Everyone shall contribute to public expenditure
in accordance with his means.
The system of taxation shall be based on
criteria of progression.
All citizens have the duty to be loyal to the
Republic and to uphold its Constitution and laws.
Those citizens to whom public functions are
entrusted have the duty to fulfil such functions with discipline and honour,
taking an oath in those cases established by law.