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New Italian Civil Code Further Submerges Individual, Safeguards “race”

November 10, 1938
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The first section of a new civil code which alters drastically the fundamental role of the Italian citizen within the Fascist State, safeguards the “race” and establishes enforced “social solidarity” and Fascist education, was approved today by the Mussolini Government.

A feature of the code will be improvement of the position of illegitimate children in Italy, permitting their recognition within the Fascist society and establishment of their paternity.

The essential principle behind the new Italian legislation is abandoning of the old theories of individualism dating back to the French Revolution. It will be founded on “the feeling of social solidarity which subordinates limited, and therefore egotistical interests, to higher interests of the state.”

Guardianship of the individual by the State disappears, under the new code, and gives way to protection of the national community and the “family cell.”

The second principle underlying the legislation is based on the recently-instituted racial policies. A citizen’s capacity to serve the state may be limited in accordance with whether he belongs to the “Aryan race” or not.

Rules for marriage in the Fascist state, family relations, adoptions with a view to stimulating family life, and defense of the race from “contamination” are also set forth in the new code.

Henceforth, parents will be obliged not only to provide for the education of their children but to see to it that they are taught “in accordance with the principles of Fascist morale and national sentiment.” Education will be entirely under authority of the State and will be organized on racial principles. teachers will take a fascist oath or if they do not will be closely watched by the authorities.

The new code explains that in order to carry out Fascist demographic principles all children will have state protection, and the situation of illegitimate children will be improved.

Finally the State will foster creation of a “family heritage” with a view to “reinforcing the family heritage in the interests of the sons and of the future of the race.”

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