Chapter 11: Inclusion and Diversities in Italian Schools Between Theory and Practice: A Legal Analysis

This chapter aims to analyse the diversities that exist among students in Italian schools and the degree of legal protection afforded to them within the Italian and European legal frameworks. After conducting an analysis of the concept of inclusion and how it is applied, the article examines the factors that create the most discrimination in schools, focusing on a specific aspect of diversity and inequality. Thus, the focus is on diversity stemming from disability, specific learning needs, migration background, and socio-economic status of students. The analysis seeks to identify the degree of legal protection that the legal system accords to these diversities, in the light of international, Constitutional, and legislative provisions, and the evolution of jurisprudence. This article sets out to analyse the different types of diversities that characterise students in Italian schools and the degree of legal protection afforded to them in the Italian and European legal frameworks. To do so, it refers to an interdisciplinary research project on “Diversity and Inclusion in Schools: Legal Solutions and Good Practices” which, in addition to legal experts, involves pedagogists, in order to better understand whether the legal regulations are suitable for responding to the demands made by pedagogists under the concept of inclusion.¹ Differences among students are thus analysed within the broader framework of inclusive education, considering that schools must consider all human differences and overcome a categorybased approach that could generate labelling and discrimination.

After conducting an analysis of the concept of inclusion and how it is applied in the European and Italian legal frameworks, the article addresses the factors that create the most discrimination in schools, focusing on a specific aspect of diversity and inequality. Thus, the focus will be on diversity stemming from disability, migration background, and socio-economic status of students. The analysis will seek to identify the degree of protection that the legal system accords to these diversities, in the light of international, Constitutional, and legislative provisions and the evolution of jurisprudence.