Recognition of the Person with a Disability, Rights, Laws and Protections of the Fundamental

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A legal identity and social to recognize and protect

The recognition of the person with disability it is not a mere formal act or a mere assessment on medical-legal: is the starting point for access rights, protections, services and full participation in social life. Means to recognize the dignity, promote equality of opportunity and build a inclusive society.

In this article we examine the the Italian legislative framework and international highlighting the articles of law most relevant protect people with disabilities.

1. The definition of disability: a concept in evolutionary

Today disability it is understood, according to a approach the bio-psycho-social: it is not only a condition of the individual, but the result of the interaction between personal characteristics and external barriers.

The UN convention on the Rights of Persons with Disabilities (CRPD 2006) – Art. 1, paragraph 2

“Persons with disabilities include those who have long-lasting impairments of physical, mental or sensory that, in interaction with barriers of different nature, may hinder their full and effective participation in society.

Italy ratified the Convention with the Law 18/2009, making it an essential point of reference for all of the policies on inclusion.

2. The Italian constitution: equality, solidarity, participation

The Constitution, since 1948, says fundamental rights every person and requires the State to remove the obstacles that limit the freedom and equality.

  • No. 2

“The Republic recognizes and guarantees the inviolable rights of man (...) and requires the fulfilment of the duties mandatory dthe solidarity of the political, economic and social.”

  • No. 3

“All citizens have the equal social dignity and are equal before the law... it Is the duty of the Republic remove the obstacles (...) that prevent the full development of the human person...”

These articles are the basis for any law that promotes inclusion, accessibility and non-discrimination.

3. Law 104/1992: the reference to the inclusion

The Law 104/1992 it is the pillar of the Italian legislative for lassistance, integration and rights of persons with disabilities.

  • Article 3, paragraph 1

“Is the disabled person is the one who has a physical disability, mental or sensory ( ... ), which is the cause of learning difficulties, relationship or integration work.”

  • Article 3, paragraph 3

Recognises the connotation of gravity”, condition that gives access to measures and additional benefits (permissions days, priority in services, school support, tax breaks).

4. Law 67/2006: protection against discrimination

This law protects people with disabilities from all forms of discrimination, both direct and indirect.

  • No. 1

“This law protects people with disabilities from each form of discrimination.”

  • No. 2

It is recognized:

  • Direct discrimination: different treatment and disadvantageous
  • Indirect discrimination: obstacles not intentional but penalizing

5. Law 68/1999: the right to work

The work is a right and a tool of autonomy. The Law 68/1999 promotes the targeted placement of persons with disabilities by providing custom paths and incentives for companies.

6. Law 112/2016: “After us”

Created for people with severe disability without family support. The Law 112/2016 introduces the tools for the autonomy and individual design.

  • No. 1

“To promote the well-being, the full social inclusion and autonomy of people with severe disabilities.”

7. Accessibility and independent living

A full life is possible only if guaranteed laccessibility (physical, digital, and communicative) and the right to independent living. The main rules are:

  • D. P. R. 503/1996: the elimination of architectural barriers in public buildings
  • Law 13/1989: contributions to the removal of barriers in private buildings
  • The UN convention – No. 9: access to information, communication and public services

8. International rights and the European Union

Italy, a member of the EU and is a signatory to the CRPD, it is required to implement policies consistent with respect for human rights.

  • The charter of Fundamental Rights of the EU – No. 26

“The Union recognises and respects the the right of persons with disabilities to enjoy of measures times ensure their independence, social and occupational integration and participation in the life of the community.”

As a conclusion, we can say that the recognition of a person with a disability is not a formalities, but the fondamento to exercise any of the rights, obtaining support, and access to the services, work, study, and live with dignity. Le leggi devono tradursi in azioni concrete, servizi realmente accessibili e una cultura dell’inclusione.

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