Il diritto all'istruzione del minore straniero in Italia: note minime

The right to education of the foreign minor is a significant ground in order to assess the tension between a 'strong' version of this right - enjoying the rank of fundamental right (and therefore acknowledged also to those who are not citizens) - and a 'weak' one, resulting from its balancing with other conflicting interests, such as that of the security of borders. In Italy, the realm of its protection is controversial: in some situations, it is acknowledged only to the extent that the foreign minor enjoys other rights linked to her residence permit; in others, this right is recognized as ‘absolute’. An argument -other than that of the security of borders- which may affect the scope of its protection- and which may be invoked in all the cases (beyond the one at stake) in which the rights' enforcement asks for State financial commitment- is that a balance has to be struck between the need of minors' protection and the opposite one of putting a limit to the state commitment.