by Elena Dragagna, lawyer, Gilda Ripamonti, jurist, Remo Bassini, journalist and Sara Gandini, epidemiologist / biostatistician
The “Goccia A Goccia” group that we founded a year ago and which brings together professionals from different fields, sent a formal communication to the Guarantor for childhood and adolescence.
The Guarantor was informed that, due to the school closures (but not only), young people have suffered damage of a certain extent: there is worrying evidence of an increase in psychological distress, hospitalization for mental illness, suicide attempts.
The measures relating to the Green Pass (“base” and then “strengthened”) are further affecting young people and their psycho-physical balance.
The measures taken by the government with the decree in force from 10 January next and until March 31, 2022 (date of extension of the state of emergency) concern numerous areas: from public transport, including local ones (with the obligation to use mask ffp2, with relative and not indifferent costs for families), catering to sports such as football and swimming and cultural activities in social or recreational centers. All this, even when it comes to outdoor activities.
Unvaccinated or recovered children from 12 years onwards will therefore be precluded from numerous activities, essential for their psychophysical development. In fact, the Green Pass requirement is also reinforced for the local and regional transport, makes it necessary for any movement, therefore also to reach school, with serious damage to the right to study.
The latest regulatory provisions have also provided for differentiated treatments between those who are vaccinated and those who are not with respect to the duration of the quarantines, exposing more and more young people to discriminatory measures.
The provisions in question – in addition to forcing and distorting the sense of the legislation that requires informed consent itself but also and above all free from external and conscious influences – violate the provisions of Article 32 of the Constitution, which allows you not to submit to a health treatment unless required by law.
But right now, the need to be vaccinated (or cured) for access to transport in the first place and, then, to almost all cultural, sporting and recreational activities, makes vaccination mandatory, albeit indirectly.
Ensuring young people have a harmonious growth within social formations and free participation in school activities should be at the top of the government’s concerns. Unfortunately, we are witnessing the opposite.
Not just ours Constitution (Articles 2 and 3) recognizes and guarantees the individual rights and the equal dignity of all citizens – and the rules on green certification go against these constitutional provisions – but all this is even more serious since it concerns young people, who have the right to a serene and complete development, which the state should take care of.
The protection that any legal system must reserve for young people must be “Strengthened”, precisely because of their vulnerability, and this is an obligation that the signatory states of the Universal Declaration of the Rights of the Child (New York 1959) have specifically assumed, committing themselves to the protection of the rights of minors to be enjoyed “without distinction” and to the protection of the child against discriminatory practices.
Other norms deal with protecting the interest of the child, remembering and reiterating that it is a question of a “superior” interest: mainly the 1989 UN Convention on the rights of children and adolescents, then ratified in Italy.
In light of the serious situation described above, the Goccia a Goccia Group therefore invited the Guarantor to intervene urgently at the Institutions, calling them to the utmost respect and protection of the psycho-physical, social and cultural life of students also through (but not limited to) the immediate abolition of the Green Pass and the reinforced Green Pass, tools that are not useful from an epidemiological point of view and extremely harmful for the world of young people, already very tried by the pandemic and by the measures taken to try to stem it, which have little or nothing taken into account their fundamental rights.
Full appeal at this link