Start website main content

  • Istituto DIRPOLIS

Eliminate the term ‘minorato’ from Article 38 of the Constitution: focus on the proposal of the Treccani Institute, edited by Elena Vivaldi, professor of constitutional and political law at the Dirpolis Institute, to make the Constitution more inclusive

Publication date: 21.03.2025
Costituzione italiana
Back to Sant'Anna Magazine

If it is true that reality, or at least the perception of it, often passes through language, certain expressions that until a few years ago were considered functional and in the public domain, can be a cause for discrimination in today's society. For this reason, the Treccani Institute has put forward a proposal to reform the Italian Constitution to eliminate the term ‘minorato’ (disabled) from Article 38. The proposed amendment was prepared by Elena Vivaldi, professor of Constitutional Law and Politics at the Dirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa, who in the new Appendix XI of the Treccani Italian Encyclopedia addressed the issue of disability from a human perspective that society must recognise and value.


Article 38 of the Constitution and the term ‘minorato'

Article 38 of the Italian Constitution is very important because it recognises the right to education and work for all people, regardless of their abilities. ’The disabled and the handicapped - so the article states - have the right to education and vocational training".
The term ‘minorato’ certainly needs to be contextualised in a society just emerging from war, where disability was no longer a private matter but was very visible in public (just think of the many war invalids). The term was widely used and, for this very reason, was also included in the Constitution.
Now, however, the term is in contrast with the principles of the UN Convention on the Rights of Persons with Disabilities, which promotes an approach based on inclusion and the enhancement of individual abilities. Hence the proposal of the Treccani Institute edited by Elena Vivaldi.
 


The interview with Elena Vivaldi for the Rai programme ‘InTransatlantico’ is available in the Multimedia Review of the School.