Type: Other

Authority: National Courts: Merit's Courts (Italy) - Tribunale di Roma

Date: 02/27/2006

Subject: The right to have a special needs teacher is an enforceable right recognised also on the basis of provisions from supranational law. The enforceability of the right granted to disabled persons is not conditioned by the exercise of powers attributed to the Public Administration to organise the state school activities and implement measures aimed at social integration. Otherwise this would deny the nature of the enforceable right connected to the subjective legal position acknowledged to the disabled person, which would thus depend on discretional decisions by Public Authorities.

Parties: Nesca Paola c. Ministero dell'Istruzione

Original language: Italian

Classification: Art. 14 Right to an education - Art. 26 Rights of the disabled

Text

Notices: Effectiveness of the Charter
The ruling makes reference to the Nice Charter as well as the European Social Charter