Objectives:
The current health emergency, linked to the Covid-19 pandemic, is bringing out strengths and weaknesses in the education and training system in all affected countries, one of these concerns the relationship between human rights and digital technological innovation. For this reason it is now necessary to rethink in the light of the tragic experience of Covid-19 new parameters of education and to orient the pedagogical perspective in an ethical-anthropological and legal dimension that pays attention to the person, his needs and not.

Material and methods:
Distance teaching is undoubtedly solving the underlying problems, as happened during the emergency period of Covid-19, but, by its very nature, it cannot successfully deal with the significant details of the intrinsic difficulties in teaching itself: first of all it requires the presence technical means and the ability to use them, albeit on loan, as underlined by the commitment of the Ministry of Education.

Results:
The digital divide between those who have the possibility to use online technology and those who do not have it is a source of indirect discrimination and this problem requires urgent measures because it seriously endangers the denial and therefore the enjoyment of the human rights of children, themselves, such as the right to study, education and to have equal educational opportunities.

Conclusions:
The empathic approach represents an essential condition in the educational relationship because the person who grows and who lives his maturation process needs trust, hope, love, and, knowing that he is esteemed, loved can, time, "love", bet on oneself and actively participate in the educational process to become better.