PART I. RIGHTS AND DUTIES OF CITIZENS
TITLE I. CIVIL RELATIONS
Article 13
Personal liberty is inviolable.
No one may be detained, inspected, or searched nor otherwise subjected to any restriction of personal liberty except by order of the Judiciary stating a reason and only in such cases and in such manner as provided by the law.
In exceptional circumstances and under such conditions of necessity and urgency as shall conclusively be defined by the law, the police may take provisional measures that shall be referred within 48 hours to the Judiciary for validation and which, in default of such validation in the following 48 hours, shall be revoked and considered null and void.
Any act of physical and moral violence against a person subjected to restriction of personal liberty shall be punished.
The law shall establish the maximum duration of preventive detention.
Article 14
The home is inviolable.
Home inspections, searches, or seizures shall not be admissible save in the cases and manners complying with measures to safeguard personal liberty.
Controls and inspections for reason of public health and safety, or for economic and fiscal purposes, shall be regulated by appropriate laws.
Article 15
Freedom and confidentiality of correspondence and of every other form of communication is inviolable.
Limitations may only be imposed by judicial decision stating the reasons and in accordance with the guarantees provided by the law.
Article 16
Every citizen has the right to reside and travel freely in any part of the country, except for such general limitations as may be established by law for reasons of health or security. No restriction may be imposed for political reasons.
Every citizen is free to leave the territory of the republic and return to it, notwithstanding any legal obligations.
Article 17
Citizens have the right to assemble peaceably and unarmed.
No previous notice is required for meetings, including those held in places open the public.
In case of meetings held in public places, previous notice shall be given to the authorities, who may prohibit them only for proven reason of security or public safety.
Article 18
Citizens have the right to form associations freely and without authorization for those ends that are not forbidden by criminal law.
Secret associations and associations that, even indirectly, pursue political aims by means of organisations having a military character shall be forbidden.
Article 19
Anyone is entitled to freely profess their religious belief in any form, individually or with others, and to promote them and celebrate rites in public or in private, provided they are not offensive to public morality.
Article 20
No special limitation or tax burden may be imposed on the establishment, legal capacity or activities of any organisation on the ground of its religious nature or its religious or confessional aims.
Article 21
Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication.
The press may not be subjected to any authorisation or censorship.
Seizure may be permitted only by judicial order stating the reason and only for offences expressly determined by the law on the press or in case of violation of the obligation to identify the persons responsible for such offences.
In such cases, when there is absolute urgency and timely intervention of the Judiciary is not possible, a periodical may be confiscated by the criminal police, which shall immediately and in no case later than 24 hours refer the matter to the Judiciary for validation. In default of such validation in the following 24 hours, the measure shall be revoked and considered null and void.
The law may introduce general provisions for the disclosure of financial sources of periodical publications.
Publications, performances, and other exhibits offensive to public morality shall be prohibited. Measures of preventive and repressive measure against such violations shall be established by law.
Article 22
No-one may be deprived of his legal capacity, citizenship, or name for political reasons.
Article 23
No obligation of a personal or financial nature may be imposed on any person except by law.
Article 24
Anyone may bring cases before a court of law in order to protect their rights under civil and administrative law.
Defense is an inviolable right at every stage and instance of legal proceedings.
The poor are entitled by law to proper means for action or defense in all courts.
The law shall define the conditions and forms of reparation in case of judicial errors.
Article 25
No case may be removed from the court seized with it as established by law.
No punishment may be inflicted except by virtue of a law in force at the time the offence was committed.
No restriction may be placed on a person’s liberty save for as provided by law.
Article 26
Extradition of a citizen may be granted only if it is expressly envisaged by international conventions.
In any case, extradition may not be permitted for political offences.
Article 27
Criminal responsibility is personal.
A defendant shall be considered not guilty until a final sentence has been passed.
Punishments may not be inhuman and shall aim at re-educating the convicted.
Death penalty is prohibited.
Article 28
Officials of the State or public agencies shall be directly responsible under criminal, civil, and administrative law for acts committed in violation of rights.
In such cases, civil liability shall extend to the State and to such public agency.
TITLE II. ETHICAL AND SOCIAL RIGHTS AND DUTIES
Article 29
The Republic recognises the rights of the family as a natural society founded on marriage.
Marriage 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.
Article 30
It is the duty and right of parents to support, raise and educate their children, even if born out of wedlock.
In the case of incapacity of the parents, the law provides for the fulfilment of their duties.
The law ensures such legal and social protection measures as are compatible with the rights of the members of the legitimate family to any children born out of wedlock.
The law shall establish rules and constraints for the determination of paternity.
Article 31
The Republic assists the formation of the family and the fulfilment of its duties, with particular consideration for large families, through economic measures and other benefits.
The Republic protects mothers, children and the young by adopting necessary provisions.
Article 32
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 any health treatment except under the provisions of the law. The law may not under any circumstances violate the limits imposed by respect for the human person.
Article 33
The Republic guarantees the freedom of the arts and sciences, which may be freely taught.
The Republic lays down general rules for education and establishes state schools of all branches and grades.
Entities and private persons have the right to establish schools and institutions of education, at no cost to the State.
The law, when setting out the rights and obligations for the non-state schools which request parity, shall ensure that these schools enjoy full liberty and offer their pupils an education and qualifications of the same standards as those afforded to pupils in state schools.
State examinations are prescribed for admission to and graduation from the various branches and grades of schools and for qualification to exercise a profession.
Higher education institutions, universities and academies, have the right to establish their own regulations within the limits laid down by the law.
Article 34
Schools are open to everyone.
Primary education, given for at least eight years, is compulsory and free of tuition.
Capable and deserving pupils, including those lacking financial resources, have the right to attain the highest levels of education.
The Republic renders this right effective through scholarships, allowances to families and other benefits, which shall be assigned through competitive examinations.
TITLE III. ECONOMIC RIGHTS AND DUTIES
Article 35
The Republic protects work in all its forms and practices.
It provides for the training and professional advancement of workers.
It promotes and encourages international agreements and organisations which have the aim of establishing and regulating labour rights.
It recognises the freedom to emigrate, subject to the obligations set out bylaw in the general interest, and protects Italian workers abroad.
Article 36
Workers have the right to a remuneration commensurate to the quantity and quality of their work and in any case such as to ensure them and their families a free and dignified existence.
Maximum daily working hours are established by law.
Workers have the right to a weekly rest day and paid annual holidays. They cannot waive this right.
Article 37
Working women are entitled to equal rights and, for comparable jobs, equal pay as men. Working conditions must allow women to fulfil their essential role in the family and ensure appropriate protection for the mother and child.
The law establishes the minimum age for paid labour.
The Republic protects the work of minors by means of special provisions and guarantees them the right to equal pay for equal work.
Article 38
Every citizen unable to work and without the necessary means of subsistence is entitled to welfare support.
Workers have the right to be assured adequate means for their needs and necessities in the case of accidents, illness, disability, old age and involuntary unemployment.
Disabled and handicapped persons are entitled to receive education and vocational training.
Responsibilities under this article are entrusted to entities and institutions established by or supported by the State.
Private-sector assistance may be freely provided.
Article 39
Trade unions may be freely established.
No obligations may 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 unions establish their internal organisation on a democratic basis.
Registered trade unions are legal persons. They may, through a unified representation that is proportional to their membership, enter into collective labour agreements that have a mandatory effect for all persons belonging to the categories referred to in the agreement.
Article 40
The right to strike shall be exercised in compliance with the law.
Article 41
Private economic enterprise is free.
It may not be carried out against the common good or in such a manner that could damage safety, liberty and human dignity.
The law shall provide for appropriate programmes and controls so that public and private-sector economic activity may be oriented and co-ordinated for social purposes.
Article 42
Property is public or private. Economic assets may belong to the State, to public bodies or to private persons. Private property is recognised and guaranteed by the law, which prescribes the ways it is acquired, enjoyed and its limitations so as to ensure its social function and make it accessible to all.
In the cases provided for by the law and with provisions for compensation, private property may be expropriated for reasons of general interest.
The law establishes the regulations and limits of legitimate and testamentary inheritance and the rights of the State in matters of inheritance.
Article 43
For the purposes of the common good, the law may establish that an enterprise or a category thereof be, through a pre-emptive decision or compulsory purchase authority with provision of compensation, reserved to the Government, a public agency, a workers’ or users’ association, provided that such enterprise operates in the field of essential public services, energy sources or monopolies and are of general public interest.
Article 44
For the purpose of ensuring the rational use of land and equitable social relationships, the law imposes obligations and constraints on private ownership of land; it sets limitations to the size of property according to the region and the agricultural area; encourages and imposes land reclamation, the conversion of latifundia and the reorganisation of farm units; and assists small and medium-sized properties.
The law makes provisions for mountain areas.
Article 45
The Republic recognises the social function of co-operation of a mutually supportive, non-speculative nature. The law promotes and encourages co- operation through appropriate means and ensures its character and purposes through appropriate checks.
The law safeguards and promotes the handicrafts.
Article 46
For the economic and social betterment of workers and in harmony with the needs of production, the Republic recognises the rights of workers to collaborate in the management of enterprises, in the ways and within the limits established by law.
Article 47
The Republic encourages and safeguards savings in all forms. It regulates, co-ordinates and oversees the operation of credit.
The Republic promotes house and farm ownership and direct and indirect shareholding in the main national enterprises through the use of private savings.
TITLE IV. POLITICAL RIGHTS AND DUTIES
Article 48
Any citizen, male or female, who has attained majority, is entitled to vote.
The vote is personal and equal, free and secret. The exercise thereof is a civic duty.
The law lays down the requirements and modalities for citizens residing abroad to exercise their right to vote and guarantees that this right is effective. A constituency of Italians abroad shall be established for elections to the Houses of Parliament; the number of seats of such constituency is set forth in a constitutional provision according to criteria established by law.
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.
Article 49
Any citizen has the right to freely establish parties to contribute to determining national policies through democratic processes.
Article 50
Any citizen may present petitions to Parliament to request legislative measures or to express collective needs.
Article 51
Any citizen of either sex is eligible for public offices and elected positions on equal terms, according to the conditions established by law. To this end, the Republic shall adopt specific measures to promote equal opportunities between women and men.
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 elected to a public function is entitled to the time needed to perform that function and to retain a previously held job.
Article 52
The defence of the country is a sacred duty for every citizen.
Military service is obligatory within the limits and in the manner set bylaw. Its fulfilment shall not prejudice a citizen’s job, nor the exercise of political rights.
The organisation of the armed forces shall be based on the democratic spirit of the Republic.
Article 53
Every person shall contribute to public expenditure in accordance with their capability.
The tax system shall be progressive.
Article 54
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.
