OUR CONSTITUTION

Article 1

An Association named "Educational Rights" Onlus (non-profit organization of social utility) is created.

Article 2

The General Assembly has the power to open and close offices of any kind, technical committees and laboratories all over the country.

Article 3

The duration of the Association is fixed until December, 31 2030. However, it may be extended if the General Assembly so decides.

Article 4

The Association aims to create the conditions to build schools in underdeveloped countries so as to contribute to the respect of the right to education throughout the world. The Association shall benefit only underprivileged persons. The Association recognises to every one the same right to education. In order to pursue the above-mentioned aim, the purposes of the Association shall be:

  • to make aware the maximum number of persons, especially students, of the right to education;
  • to promote the right to education and of its inherent values;
  • to oppose violations of the right to education of every person without discrimination on the basis of sex, religion, race, economic and social conditions;
  • to promote the conditions needed to grant both the respect of the right to education and the principle of social equity;
  • to promote the conditions needed to make conscious choices;
  • to contribute to overcome all those social and economic obstacles which lead students to give up studies.

    • The purpose of the Association is the exclusive and direct promotion of social solidarity as provided for by the Legislation Decree no. 460 adopted in 1997. It is forbidden to perform activities which are different from those performed by a non-profit organization of social utility (Onlus), with the exception of those closely connected with the Onlus activities as provided for under letter C) of the Legislative Decree no. 460 adopted in 1997. Temporary participation to the Association is barred.

    Article 5

    Membership is granted to individual persons and Institutions whose application is accepted by the Management Committee. Members shall pay a membership fee, which is to be determined yearly by the Management Committee, in order to become members. Members who will have not paid the membership fee within the 30th of October of each year shall not be granted membership for the following year. After submitting the request for admission, each member shall act in conformity with the Articles of Associations, the resolutions and any other act adopted by the organs of the Association. Ordinary Membership is granted to individual persons who accept the principles, aims and methods of the movement and who work as volunteers within the Association.

  • Ordinary Membership can not be granted to people under 18.

    • Supporting Membership is granted to individual persons who commit themselves to the movement and pay a membership fee determined by the Management Committee although do not do voluntary work within the Association. Supporting Members do not have the right to vote and to attend meetings of the General Assembly. Institutions and Associations can join the Association following the instructions determined by the Management Committee and can acquire the status of affiliates. Nevertheless, they do not have the right to take part in the decision making process of the Association.

    Honorary Membership is granted to individual persons appointed by the General Assembly. The deliberation of the General Assembly is based on the motion of the Management Committee. Honorary membership is granted in recognition of social merits.

    Founders have the right to vote and to attend the meetings of the General Assembly. Elective Office shall not be remunerated.

    Article 6

    Membership status is forfeited by:

  • resignation;
  • late payment;
  • death;
  • expulsion because of unworthiness or other serious reasons determined by the Management Committee.

    • Article 7

    The Member who acts against the aims of the Association or breaches the Articles of Association or the decisions and resolutions of the organs of the Association is liable to one of the following sanctions: admonition, suspension, expulsion.

    The sanction is imposed by the General Assembly.

    A Member to whom a sanction was inflicted can file an appeal with the Management Committee. The Management Committee can decide whether to submit the case to the General Assembly for a final decision.

    Article 8

    The Association's assets consist of:

  • personal and real property on which the Association shall have the right of ownership;
  • any reserve funds or surplus of balance;

    • The Association's Financial Resources consist of:

  • the Membership Fees;
  • the proceeds of the initiatives organised by the Association or in whom the Association took part;
  • any other income that contribute to increase the surplus of balance.

    • The Association's financial year shall run from 1st January to 31st December of each year. The Management Committee shall close the accounts for the past financial year and draw up the budget estimate for the following year within 30 days from the end of the previous financial year.

    During the existence of the Association its assets, income and profits shall not be distributable, except to the extent permitted or imposed under the terms of law and to the benefit of other Onlus (non-profit organizations of social utility) which are part of the Association according to their articles of association, to the terms of law or any other source of regulations. Any surplus of balance shall be reinvested into the activities provided for by the Articles of Association.

    Article 9

    The General Assembly shall be duly convened by the Management Committee at least once a year. Notices convening the General Assembly must be written and addressed to each member or posted on the Register of the Association. The notice must contain the agenda. All members shall be convened no later than 15 days before the meeting. Moreover the Management Committee is obliged to convene the General Assembly when 1/10 of the members so require by registered letter addressed to the Management Committee setting out the reasons of the required meeting, as per Art. 20 of the Italian Civil Code.

    The General Assembly decides the approval of the Preliminary and Final Balance, the working programme and the policy of the Association. It is also convened to appoint the members of the Management Committee and the Auditors' Committee and to decide on the amendments of the Deed of Association and of the Articles of Association and on any other matter so designated in compliance with the terms of law and by the Articles of Association. All members who paid their membership fee have the right to attend the meetings of the General Assembly.

    Proxy voting is permitted. Members who are unable to attend the Assembly may give their proxy to another member. A proxy can not be given to a member of the Management Committee when the Assembly is convened for the approval of the balance or to decide on the responsibility of a member of the Management Committee. The President of the Management Committee is the Chairman of the Assembly. In the event of his absence the Vice President is the Chairman. In the event of the absence of the President and the Vice President, the Assembly appoints its Chairman.

    The President of the Association appoints a Secretary and if necessary 2 scrutineers.

    The President of the Association shall verify both the validity of the proxies and the members' right to attend the meeting. Every meeting shall be minuted and such minutes shall be signed by the President, the Secretary and, if appointed, by the scrutineers.

    Meetings are quorate when attended by the number of members provided for by Art. 21 of the Italian Civil Code.

    Powers and Organs

    The Association shall be run by a Management Committee consisting of 5 members. For each group of 50 ordinary members a new member is added to the Management Committee. The members of the Management Committee shall be elected by the General Assembly for a period of 3 years. In the event of resignation or decease of a member of the Committee, the President at the next meeting shall replace said member.

    The members of the Management Committee shall not be remunerated for their office. The Management Committee shall be convened every time it is considered necessary by the President and when required by 1/3 of its members. The Management Committee shall be convened at least once a year for the approval of the Preliminary and Final Balance and to determine membership fees. The Management Committee has a quorum when at least half of its members participate at the meeting. Resolutions are passed with half of the votes present. When the vote is tied, the Chairman's vote shall be decisive.

    The meetings of the Management Committee shall be chaired by its Chairman. Where the President is absent, the meeting shall be chaired by the Vice President. Where the President and the Vice President are absent, the Management Committee shall elect the Chairman amongst its members. Every meeting shall be minuted on a special register and the minutes shall be signed by the Chairman and the Secretary.

    The Management Committee shall have the power to decide on all matters. The Management Committee shall draw up the Preliminary and Final Balance. Both shall be submitted for approval to the General Assembly. The Management Committee shall appoint employees and shall decide on their remuneration. The Management Committee shall draw up the Articles of Association whose rules must be complied with by all members.

    The President represents the Association vis-à-vis third parties, in court and elsewhere, carries out the resolutions of the General Assembly and the deliberations of the Management Committee. In exceptional cases, where there is an urgent necessity, the President can exercise the powers of the Management Committee. His decisions shall be ratified by the Management Committee at the next meeting. Where the President is absent, the above-mentioned powers are exercised by the Vice President of the Management Committee.

    The Management Committee shall appoint an individual person or an institution of management as a Treasurer. An Auditors' Committee shall control the management of the Association. The members of the Auditors' Committee are elected yearly by the General Assembly.

    The Auditors' Committee shall verify that the Association's accounts are kept in proper manner and it shall draw up an annual report relating to the annual Financial Statements. The Auditors' Committee may verify the cash on hand and the assets of the Association. The Auditors' Committee has the power to carry out inspections, any time, also individually.

    Article 10

    The dissolution of the Association “Educational Rights” Onlus can be decided by the General Assembly. A majority of 2/3 of its members shall be required.

    In the event of dissolution, the Association's assets shall, after settlements of all debts, be transferred to other non-profit organizations in accordance with the resolutions of the General Assembly adopted with the above-mentioned majority. The controlling body mentioned in Art. 3, paragraph 190 of the Bill adopted on December 23rd 1996, no. 662 and appointed by the Decree of the Prime Minister adopted on September, 26th 2000 (published on the Italian Gazette no. 229 September, 30th 2000) shall give its advice on the matter. The above-mentioned resolutions must comply with the terms of law stated by letter f) of the Legislative Decree no. 460 adopted in 1997.

    Article 11

    Any disputes whatsoever between the members and between said members and the Association or the organs thereof, excluding any other jurisdiction, shall be submitted to the competence of an Arbitrators' Committee in conformity with what the law on the matter provides. The General Assembly shall appoint the members of the Arbitrators' Committee. The Arbitrators' Committee shall decide informally and ex bono et aequo. The Arbitrators' award is not open to appeal.