APCOM

With a court order the Milan court judge declared the discriminatory aspect of the Municipality memorandum that prohibited access to playschools to foreign children whose parents do not hold a regular permit in Italy.

The claim was made by a Moroccan woman who received legal assistance from the Association "Avvocati per niente" (Lawyers for nothing): in a press conference today they explained that the decision of the court is based on two simple principles: the first one being the fact that nursery school is not obligatory does not mean it does not represent a right; secondly that the parents legal position, cannot represent a discriminating factor for children's access to educational services. As the lawyers stressed, this principle has also recently been highlighted in a Eu Parliament resolution.

In addition, the Municipality memorandum, which has inevitably stirred up a lot of controversy, is in contrast with the current immigration law, whereby it states (Article 38) that foreigners under 18 when on Italian grounds must have the same educational opportunities of Italian peers. Furthermore their legal position is not dependent upon the parents position".

In a hearing next May, lawyers will ask for a symbolic refund for moral damage, which should amount to 1,000 Euro. Their hope is that the decision made today by the court will be extended to all analogous cases.