The Court of Milan reaffirms the right of all children to attend any public school

Policy Response DateFebruary 11, 2008 Country: Italy Address: Milan, Italy General Type: Institutional discrimination, Equality/Integration Racism and discrimination phenomena: Anti-migrant/xenophobia
Groups affected / Interested in: Migrants Key socio-economic/institutional areas: Anti-discrimination, Integration - social cohesion, Daily life

On 14th January 2008, a Moroccan citizen filed a court case challenging a circular of the Municipality of Milan which excluded children of immigrants without a regular stay permit from access to public nursery schools (Municipality of Milan, Circular no. 20, 17.12.2007). The Court admitted the claim, stating that the measure of the Municipality was discriminatory, being contrary to the right of the child to attend any public school, irrespective of the parents’ legal status. According to the Italian legislation, all children have the right to stay on the national territory and have access to all services. (Italy / Tribunale di Milano - Sez. I Civile / Ordinanza n. 2380/08 R.G., 11.02.2008) The Court ordered the Municipality to stop the discriminatory behaviour and to remove its effects. The Municipality later complied with the sentence and cancelled the discriminatory provision.

Source:

Cospe, Contribution to the FRA Annual Report 2009, October 2008 - /resources/toolip/doc/2011/11/13/cospe---raxen-rapporto-annuale-2009-italia---en.pdf

Ordinanza n. 2380/08 R.G. dell'11 febbraio 2008 Tribunale di Milano Sezione I Civile, in Immigrazione.biz, 11.02.2008 – http://www.immigrazione.biz/sentenza.php?id=111 (Date of access: 19.11.2011)