principles contained in the Constitution
which, being open in interpretation, leaves room for different explanations depending on the society and the values of a given period.
Let’s start from
obligation to wear a helmet, use belts, comply with the prohibitions imposed by the Highway Code,
adopt behaviour that is as geared to accident prevention as possible. A general principle could be Article 32 of the Constitution:
But also art. 13, regarding the
Article 2 with reference to
human rights and obligations
and Article 3 as regards
social and substantial equality.
duty to protect health.
But a law requiring the use of a helmet could be one of the many alternatives available to prevent any kind of danger
tragedy of Civita
and the deaths from the flooding of the creek. According to initial investigations, there is a kind of diatribe about what the responsibilities are. On the one hand there were regulations twenty years old, largely disregarded in the name of tourism and entertainment. On the other hand there was a bulletin that alerted tourists and warned them of probable floods with danger for the safety of people. The alert and the rules (unfortunately outdated)
might well fall within the general principle that a certain behaviour is required to avoid disastrous consequences.
What is certain is that the local authorities should have done more, that they should have made sure that the rules in force are respected. But the prohibitions were there, and if they could be considered “outdated”, there was still a communiqué warning of potential dangers due to the rain.