Equilibrio di bilancio e diritti fondamentali: coordinate ermeneutiche della Corte Europea dei Diritti dell’Uomo e della Corte costituzionale italiana sul diritto all’istruzione delle persone con disabilità

Abstract

Education has been, since ancient times, a crucial phase of progress and socio-cultural formation of every civilization; a moment of comparison and clash between ideas and generations that societies have felt the need to legally protect both at a national and supranational level. In modern times, education has had as its purpose also to spread social values such as inclusion and equality of all human beings, including those with disabilities, whether physical or intellectual. Despite this, many minors with disabilities are deprived of the possibility of accessing a complete and inclusive education; the obstacles that prevent such access derive from various factors such as, for example, the existence of architectural barriers in school/university buildings, the, unfortunately, still existing discrimination against disabled subjects, the absence of specifically qualified personnel and above all the limitation of public-economic resources regarding the topic in question.