Il «minimo vitale», lo stato di necessità e la lotta alla povertà

Abstract

Being in need does not coincide with being in a state of necessity. The former is referred to status civitatis, the latter is referred to the “minimum subsistence figure” by permitting to break the threshold of poverty and the lack of distinction of citizens from foreigners. The legislator has no power to deny the person the essential content of the inviolable, fundamental human rights; the struggle against poverty and social exclusion does not make any distinctions between citizens and foreigners, between stateless people and refugees, between those who fit for work from those who do not. The concept of primum vivere deinde philosophari recognizes the primacy of the practical reason of life. The illegal immigrant fit for work and indigent due to his state of need, neither refugee nor recipient of subsidiary protection, benefits from the prerogatives of status personae. For the illegal immigrant, the statute which the human person is entitled to, gives rise to juridical duties of social integration. These include assistance for work, education, care, board and lodging.