Access to places of culture during the Covid-19 health emergency

The state of emergency for Covid-19 entailed, alongside the limitation of personal freedom (Article 13 of the Constitution), of the freedom of locomotion (Article 16 of the Constitution), of the freedom of assembly (Article 17 of the Constitution), of the religious (Article 19 of the Constitution), the right to educate children (Article 30 of the Constitution), the right to education (Article 34 of the Constitution), the freedom of education (Article 33 of the Constitution), the right to work (Article 35 of the Constitution) of the freedom of enterprise (Article 41 of the Constitution), above all a substantial elimination of the inviolable rights of man, in the social formations in which his personality takes place. The right to tourism, even if not expressly indicated by the Constitution, could nevertheless include the freedom of a tourism enterprise protected pursuant to art. 41, but also as freedom of teaching art. 33 and the freedom of use of the tourist heritage inferable from the freedom of locomotion as well as from the right to use the historical and artistic heritage and culture that is inferred from the obligation referred to the State of promotion and protection of the same cultural heritage as well as from the freedom of art and science that could not be exercised without the freedom to use the products of art and science. The result would seem to be a right to culture which can certainly encounter limits in the name of the right to health. But up to what and for how long and with what limits the protection of health as a fundamental right of the individual and the interest of the community can overlap a sphere of constitutionally guaranteed rights and limit, preventing their use, the protection of the environment and goods cultural heritage entrusted to the exclusive legislation of the State (Article 117)? Culture and tourism is a variegated sector, made up of museums, cinemas, theaters, traveling shows, patronal festivals, publishing, cultural attractions, all hit to the heart by COVID 19. Culture was, in fact, the first sector affected, the closure of theaters, cinemas and museums has left the sector in limbo. It is therefore necessary to analyze the consequences of this phenomenon.