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Carlo Nordio, former deputy prosecutor of the Republic of Venice, now retired due to the age limit, has focused one of the most important problems on the imminent opening of schools.
In fact, he writes on Messenger: “Teachers have the same responsibilities as in the past without having the powers to prevent the harmful event.”
What does that mean?
Based on what many newspapers write, according to which around a third of teachers will not appear in the classroom on the first day of classes citing health problems or risks related to age, the former magistrate writes that “to this In addition, the fear of having to respond personally if a student is infected, the prospect of a massive dropout is quite real. It would be a disaster for the school, and especially for the image of the country. “
Beyond, therefore, the possible excuses for dropping out of the lessons, Nordio recognizes that there are real reasons why teachers have reason to worry, and not only about the risks associated with the virus, which can be controlled, but above all about those related to “criminal and civil liability, which originate from the age of our legislation and the substantial disinterest of the State to protect its collaborators ”.
In fact, Nordio points out, if for a while the teachers and professors had the weight of vigilance, on the other hand they also had the power to correct, that is, “today, if a teacher hit a child, it would end up right in front of the juvenile court, and also a harmless verbal reprimand it would arouse the ire of mothers and their worthy associations. This does not mean that the whip should be reintroduced. It means that teachers have the same responsibilities as in the past without having the powers to prevent the harmful act. “
In fact, if a child gets sick at school, what would happen?
Specify where you contracted the virus will be virtually impossible, while the risk of reporting is real: “And since there is no penalty for reckless reporting, and many lawyers lend themselves to supporting even the most incredible cases in the hope of some settlement in compensation, we can Make sure that many principals and teachers will receive assurance information, suffer the stress of an investigation and, what is even more egregious, legal costs. Here the state must do something immediately. Although it cannot, for reasons of time and legislative technique, modifying outdated laws, can assure his collaborators that they will not suffer professional consequences for these legal attacks and, above all, that he, the State, will pay the fees of the defenders. “.
“Our codes, criminal (of 1930) and civil (of 1942), in fact, foresee the responsibility of those who supervise minors, if they suffer damage while they are entrusted to their protection. Except that at the time of the promulgation of these norms -in full fascism- the disciplinary power was linked to the burden of supervision, the “ius corrigendi” that was sometimes expressed in modest corporal punishment, such as the teacher’s rule or the pebbles behind the blackboard.
The power of the teachers was practically absolute and almost always assisted by the solidarity of the parents themselves ”.
So, the former magistrate concludes.: “It would be truly paradoxical if right now, while there are signs of recovery, the first symptoms of civil disintegration came precisely from the categories that, otherwise, should guarantee the education of children and the safety of all. And it would be an outrage to those thousands of doctors and health workers who in recent months have risked, and often sacrificed their lives, without dwelling on the sophistication of privacy or contractual skills. “
