Diritto ad una vita libera e dignitosa e contrasto alla povertà. Basi costituzionali e recenti sviluppi normativi nell’ordinamento italiano

The present contribution aims, firstly, at investi¬gating the notion of right to free and dignified existence (ius existentiae) within the Italian constitutional framework as de¬termined not only by Article 38, para. 1, but also by articles 2 3 and 4 of the Italian constitution, which are the cornersto¬nes of all attempts of the Republic aimed at promoting the full development of the person and the respect for her dignity. In other words, the first (and main) purpose of this essay consists in finding and outlining the constitutional basis of the above-mentioned right. Secondly, after mentioning and briefly outli¬ning the issues concerning the structure (and deficiencies) of the Italian welfare system, with particular regard to anti-pover¬ty programs, the essay aims at briefly examining, against the background of the constitutional basis of the ius existentiae, the important normative change represented by the adoption, in 2019, of the law on the “Reddito di cittadinanza” (Rdc). So the objectives of the Rdc and the regulatory framework in which the measure has been placed are outlined, with regard to the subjective and objective aspects of this measure and to the issue of "conditionality", which is an essential functioning principle in the context of the paths designed for labour rein¬tegration and/or for social inclusion. Some critical issues have been identified dealing with concerns of constitutional com¬patibility raised by the act by which the Rdc has been intro¬duced. The last part of the essay, which also takes into account the impact of the COVID-19 emergency on the anti-poverty policies sector, is devoted to some closing remarks underlining the fruitfulness of the “generative welfare” appoach as a cons¬titutionally well-founded perspective able to guide a process of trasformation of anti-poverty policies.