Fragili volontà, dignità sociale e accesso alla cittadinanza

The Italian law on citizenship does not include any rules dedicated to the acquisition of Italian citizenship by incapacitated foreign citizens, unlike other European disciplines that have explicitly transposed the directives of the United Nations Convention on the Rights of Persons with Disabilities. The essay examines the institutes of civil law concerning the protection of incapacitated persons, now oriented towards the valorisation of residual capacity and the realisation of the best interests of the represented subject, including his interest in full social inclusion in the society of residence. Having critically examined the category of “diritti personalissimi”, the author considers that the application to acquire citizenship does not belong to this category, understood in the strict sense. He therefore considers that the application to acquire citizenship may be made by the legal representative in the interest of the represented party. This conclusion corresponds to a constitutionally oriented interpretation of the rules on nationality. If this were not the case, Articles 9.1 and 9-bis of Law n. 91 of 1992 would have to be declared contrary to the Constitution.