Disability in Italy

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Under Italian Law 104/1992, "disability" is defined as a loss of the ability of the person to perform basic daily activities unaided." [1]

Contents

History

Article 3 of The Constitution of the Italian Republic (1948) discusses the equality of Italian citizens. This article states that all Italian citizens are equal by law without discrimination based on sex, race, language, religion, political stance, and personal and social conditions. The Republic is responsible for removing economic or social obstacles that limit the freedom and equality of citizens. These obstacles impede the development of a person and limit effective participation of workers in the economic, political, and social organization of Italy. [2]

Italian law 118/1971 allowed children with disabilities, except for certain cases, to be educated in classrooms with children without disabilities. Law 517/1977 closed schools containing only children with disabilities (called "special schools") in 1977. This law also stated that students with disabilities need to be included in classrooms. Pre-schools and secondary schools administered inclusive education in the 1980s. In 1991, a commission including people with disabilities initiated the Framework Law for the Assistance, Social Inclusion, and the Rights of Persons with Disabilities. This framework led to Law 104/1992 being adopted by the Italian Parliament. [3]

The United Nations introduced the Convention on the Rights of Persons with Disabilities (CRPD) on an international level on December 13, 2006. The CRPD was ratified in Italy by Law 18/2009. Italy agreed to ensure the equal inclusion of people with disabilities in political, economic, social, educational, and cultural contexts by eliminating institutional and environmental barriers and mainstreaming their rights in all legal fields. [4] Based on the United Nations Convention on the Rights of Persons with Disabilities (2006), disability can be defined as a condition of people who have enduring physical, mental, intellectual, or sensory impairments that can hinder full participation in society in equality with others. [5]

Legislation

Italian Law 118/1971

This law gives all children, including children with disabilities, the right to be educated in classrooms with children without disabilities. According to national standards, municipalities have the responsibility to make school buildings accessible for all students. [6] This law was amended in 1988; registered disability was defined as those who are affected by inherited or acquired disability, even disabilities of a progressive nature, including mental disability, mental insufficiency, or enduring difficulties to carry out daily tasks and activities. To be eligible for socio-sanitary assistance and an attendance allowance, people with disabilities who are over the age of 65 must have permanent problems carrying out the duties and responsibilities of their age. [7]

Italian Law 104/1992

Law 104/1992 guarantees respect for human dignity for people with disabilities, as well as their rights to independence and autonomy, thus facilitating their incorporation into communities, schools, jobs, and society. It aims to prevent and eliminate negative factors that stifle human growth, including the highest possible level of autonomy and social participation. Ensuring appropriate resources, prevention, treatment, and recovery strategies for people with physical and sensory impairments is a necessity to achieve functional and social rehabilitation. [7]

This law aims to remove obstacles (architectural or sensory) and introduces resources to assist people with disabilities in education and training. Technical and didactic equipment should be adjusted to the needs of students with physical or sensory impairments. In addition, schools may form partnerships with centers that specialize in pedagogical consulting, as well as the development or adaptation of specific didactic materials. Classes with students with disabilities normally have a maximum of 20 students, assuming that the inclusion process is implemented by class teachers, support teachers, and school personnel. Support teachers work alongside regular teachers and are involved in all activities, preparation, and evaluation. [6]

Ministerial Decree: Law 236/1989

This decree discusses accessibility, visitability, and adaptation in public and private facilities. The Ministerial Decree uses a performative approach that is flexible and adapts to local conditions. The Ministerial Decree discusses the "technical requirements necessary to guarantee the accessibility, adaptability and visitability of private buildings and subsidized and facilitated public residential buildings." [8] Accessibility refers to the ability for people with limited sensory or motor capacity to be able to access buildings and their need to be able to make use of the space and equipment in a safe and autonomous way. Visitability refers to individuals with reduced or limited sensory or motor capacity and ensures access to communal spaces and at least one toilet. Adaptation refers to the possibility that the building space can be adapted at an affordable cost. Facilities should be equipped so that individuals with disabilities can access what is necessary. [8]

Decree of the President of the Republic: Law 503/1996

This decree of the president from July 24, 1996, aims to eliminate architectural barriers in buildings, building spaces, and public services. Architectural barriers are defined as a source of discomfort for mobility, including obstacles that limit the safe or comfortable use of space, equipment, or components or the lack of precautions or signals that could endanger anyone and in particular, people with visual or hearing impairments. Articles in this decree include accessibility in building areas, pedestrian spaces, sidewalks, pedestrian crossings, stairs and ramps, public toilets, urban furniture, parking lots, parking of vehicles of people with disabilities, and more such accommodations. [9]

Italian Law 68/1999

This law pertains to people with disabilities and job placement. Obligations, sanctions, and incentives for companies to hire people with disabilities were put into place. Companies with more than 15 employees are required to include people with disabilities in their workforce. [10]

Resources and associations

Many organizations and associations exist to inform people with disabilities in Italy about their rights. [11]

Associazione Nazionale Famiglie di Disabili Intelletivi e Relazionli (ANFFAS)

ANFFAS is a national organization that defends the interests of people with intellectual disabilities and their families in the fields of education, professional training, employment, sport, and leisure. [12]

Associazione Sclerosi Tuberosa

This association provides information to families and support to the research of tuberous sclerosis. Associazione Sclerosi Tuberosa holds meetings all over Italy to provide awareness about the disorder and the most up-to-date medical treatments. [13]

Unione Italiana dei Ciechi

Unione Italiana dei Ciechi aims to improve integration for people who are blind or have visual impairments with the community in Italy. [14]

Associazione Italiana Persone Down

Associazione Italiana Persone Down provides the public with information about Down syndrome. The website focuses specifically on subjects like autonomy, school, rights, work, and health for individuals with Down syndrome. [15]

Unione Italiana Lotta alla Distrofia Muscolare (UILDM)

This association promotes scientific research on muscular dystrophy and aims to facilitate integration into the community. [16]

Related Research Articles

<span class="mw-page-title-main">Disability</span> Impairments, activity limitations, and participation restrictions

Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, sensory, or a combination of multiple factors. Disabilities can be present from birth or can be acquired during a person's lifetime. Historically, disabilities have only been recognized based on a narrow set of criteria—however, disabilities are not binary and can be present in unique characteristics depending on the individual. A disability may be readily visible, or invisible in nature.

<span class="mw-page-title-main">Accessibility</span> Modes of usability for people with disabilities

Accessibility is the design of products, devices, services, vehicles, or environments so as to be usable by people with disabilities. The concept of accessible design and practice of accessible development ensures both "direct access" and "indirect access" meaning compatibility with a person's assistive technology.

The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities.

<span class="mw-page-title-main">Social model of disability</span> Societal failure to adapt to disabilities

The social model of disability identifies systemic barriers, derogatory attitudes, and social exclusion, which make it difficult or impossible for disabled people to attain their valued functionings. The social model of disability diverges from the dominant medical model of disability, which is a functional analysis of the body as a machine to be fixed in order to conform with normative values. While physical, sensory, intellectual, or psychological variations may result in individual functional differences, these do not necessarily have to lead to disability unless society fails to take account of and include people intentionally with respect to their individual needs. The origin of the approach can be traced to the 1960s, and the specific term emerged from the United Kingdom in the 1980s.

Universal design is the design of buildings, products or environments to make them accessible to people, regardless of age, disability or other factors. It addresses common barriers to participation by creating things that can be used by the maximum number of people possible. Curb cuts or sidewalk ramps, which are essential for people in wheelchairs but also used by all, are a common example of universal design.

<span class="mw-page-title-main">Wheelchair ramp</span> Incline allowing wheelchair users to move between areas of different height

A wheelchair ramp is an inclined plane installed in addition to or instead of stairs. Ramps permit wheelchair users, as well as people pushing strollers, carts, or other wheeled objects, to more easily access a building, or navigate between areas of different height. Ramps for accessibility may predate the wheelchair and are found in ancient Greece.

<span class="mw-page-title-main">Invisible disability</span> Disability that is not immediately noticeable to others

Invisible disabilities, also known as hidden disabilities or non-visible disabilities (NVDs), are disabilities that are not immediately apparent. They are typically chronic illnesses and conditions that significantly impair normal activities of daily living.

<span class="mw-page-title-main">Inclusion (disability rights)</span>

Inclusion, in relation to persons with disabilities, is defined as including individuals with disabilities in everyday activities and ensuring they have access to resources and opportunities in ways that are similar to their non-disabled peers. Disability rights advocates define true inclusion as results-oriented, rather than focused merely on encouragement. To this end, communities, businesses, and other groups and organizations are considered inclusive if people with disabilities do not face barriers to participation and have equal access to opportunities and resources.

<span class="mw-page-title-main">Accessible tourism</span> Accessibility of tourism for disabled people

Accessible tourism is the ongoing endeavor to ensure tourist destinations, products, and services are accessible to all people, regardless of their physical or intellectual limitations, disabilities or age. It encompasses publicly and privately owned and operated tourist locations. The goal of accessible tourism is to create inclusivity of all including those traveling with children, people with disabilities, as well as seniors. This allows those with access requirements to be able to function as an independent using products following the universal design principle, a variety of services, and different environments.

Council for Canadians with Disabilities (CCD), formerly known as the Coalition of Provincial Organizations of the Handicapped (COPOH), was created by people with disabilities in 1976 to provide support for all people with disabilities who seek the opportunity to go to school, work, volunteer, have a family, and participate in recreational, sport and cultural activities. The CCD is a national human rights organization of people with disabilities working for an accessible and inclusive Canada. In the 1970s, the CCD became a permanent part of the disability rights movement and it became a fluid entity that includes people with a range of different disabilities. To manage the work that will lead to the achievement of this goal, CCD established the following Committees to guide their activities in key areas:

  1. Human Rights Committee: Identifies Human Rights Committee issues of concern to persons with disabilities that could be addressed through law reform initiatives.
  2. Social Policy Committee: Identifies Social Policy Committee issues of national concern to persons with disabilities.
  3. Transportation Committee
  4. International Development Committee: Provides advice to CCD National Council on reforms that would improve the effect of Canada's foreign aid and policy on persons with disabilities.
  5. Access to Technology Committee.

The world's poor are significantly more likely to have or incur a disability within their lifetime compared to more financially privileged populations. The rate of disability within impoverished nations is notably higher than that found in more developed countries. Since the early 2010s there has been growing research in support of an association between disability and poverty and of a cycle by which poverty and disability are mutually reinforcing. Physical, cognitive, mental, emotional, sensory, or developmental impairments independently or in tandem with one another may increase one's likelihood of becoming impoverished, while living in poverty may increase one's potential of having or acquiring disability in some capacity.

Natural and manmade disasters tend to have a disproportionate impact on people with disabilities. This issue is recognized and addressed by Article 11 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) which states:

"States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters."

South Africans with disabilities constitute a sizeable proportion of the population, and their status in society is extremely varied in a developing nation with socio-economic inequality and a history of apartheid. Wealthy city dwellers have access to a wide range of assistance, whereas the poor struggle for even the basic necessities of life.

The Zero Project is a non-profit based in Vienna, Austria, which focuses on researching and sharing innovative solutions that support the rights of people with disabilities globally. Zero Project publishes an annual report of innovative solutions for persons with disabilities, holds an accessible conference annually to share these solutions, and partners with other organizations to support innovators in scaling up their solutions globally.

In Japan, a person with a disability is defined as: "a person whose daily life or life in society is substantially limited over the long term due to a physical disability or mental disability". Japan ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 20 January 2014.

Disability rights are not specifically addressed by legislation in New Zealand. Instead, disability rights are addressed through human rights legislation. Human rights in New Zealand are protected by the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. New Zealand also signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2008.

<span class="mw-page-title-main">Disability in Singapore</span>

Singapore does not have a formal definition of disability. Singapore signed on to the Convention on the Rights of Persons with Disabilities in 2013 and coordinates the Enabling Masterplan with both government and non governmental organisations.

<span class="mw-page-title-main">Disability in Algeria</span>

People with disability in Algeria are protected under the law. Algeria has adopted the Convention on the Rights of Persons with Disabilities and the Arab Charter on Human Rights. Algeria is working to make the country more accessible to people with disabilities. Overall, about 2.5 percent of the country has some type of disability with men having a higher rate of disability than women.

Life project of the person with disability was introduced for the first time in the Italian regulatory system by Law no. 328 of 8 November 2000 and it represents the heart of Law no. 112 of 22 June 2016, which has among its fundamental principles the activation of paths to promote the well-being, full social inclusion and autonomy of people with disabilities. A systemic approach to the Life Project also represents the guarantee element of rights and quality of life aimed at giving full effect to the principle of social inclusion expressed in Article 19 of the Convention on the Rights of Persons with Disabilities. The latter provides that every person with disabilities is guaranteed the right to full integration in the community by ensuring equal freedom of choice as well as full involvement in society life.

Out of nearly 59 million people in Italy, about 3.5 million Italians have some form of hearing loss. Among them, around 70,000 people are severely deaf. The European Union for the Deaf reports that the majority of the deaf people in Italy use Italian Sign Language (LIS). LIS has been an official sign language in Italy since 2021. Italy, among other countries, ratified the Convention on the Rights of Persons with Disabilities (CRPD) and is slowly improving conditions for deaf humans in Italy. Many major organizations in Italy fight for deaf rights and spread awareness to the Italian National Agency for the protection and assistance of the Deaf and Associated Italian Families for the Defense of the Rights of Deaf and Hard of Hearing Individuals (FIADDA). Newborns in Italy also receive universal hearing screenings. Education in Italy is directed towards oralism, although sign language is also used. LIS is a stable language and is used by approximately 40,000 users in Italy.

References

  1. ↑ La Malfa, Giampaolo; Cabras, Pierluigi (1 July 2007). "Intellectual disability: an Italian perspective". Int Psychiatry. 4 (3): 73–74. doi:10.1192/S1749367600001971. PMC   6734762 . PMID   31507902.
  2. ↑ "Constitution of the Italian Republic" (PDF). Senato de Repubblica. The Parliamentary Information.
  3. ↑ "In Italy, students with disabilities are not segregated". Zero Project. Retrieved 30 March 2021.
  4. ↑ Ferri, Delia (3 July 2017). "Inclusive Education in Italy: A Legal Appraisal 10 Year after the Signature of the UN Convention on the Rights of Persons with Disabilities". Ricerche di Pedagogia e Didattica. Journal of Theories and Research in Education. 12 (2): 1–21. doi:10.6092/issn.1970-2221/7070 . Retrieved 30 March 2021.
  5. ↑ Pagani, Laura (2012). "Disability". Treccani. Institute of the Italian Encyclopedia. Archived from the original on 2014-12-29. Retrieved 29 March 2021.
  6. 1 2 "Legislation and policy". European Agency for Special Needs and Inclusive Education. Archived from the original on 2021-01-17. Retrieved 2021-03-31.
  7. 1 2 "Italy: Initial National Report to the Committee of the Rights of Persons with Disabilities".
  8. 1 2 "Decreto del Ministro dei Lavori Pubblici 14 giugno 1989, n. 236". www.handylex.org. Archived from the original on 2006-01-06. Retrieved 2021-03-31.
  9. ↑ "Decree of the President of the Republic 24 July 1996, n. 503; regulation containing rules for the elimination of architectural barriers in buildings, spaces and public services". Bosetti & Gatti. Archived from the original on 2013-04-14. Retrieved 2021-03-31.
  10. ↑ "Adecco, Italy: Integration into the labour market of people at risk of exclusion – long-term unemployed". Eurofound. 28 October 2009. Archived from the original on 2016-08-18. Retrieved 2021-04-01.
  11. ↑ "People With Disabilities - Italy". Angloinfo. Retrieved 2021-03-31.
  12. ↑ "Anffas - Associazione Nazionale Famiglie di Persone con Disabilità Intellettiva e/o Relazionale". Anffas (in Italian). Archived from the original on 2018-02-24. Retrieved 2021-03-31.
  13. ↑ "Sclerosi Tuberosa | Tutto sulla Sclerosi tuberosa e altre malattie". Sclerosi Tuberosa (in Italian). Retrieved 2021-03-31.
  14. ↑ "Unione Italiana dei Ciechi e degli Ipovedenti - ONLUS-APS - Pagina iniziale". www.uiciechi.it. Retrieved 2021-03-31.
  15. ↑ "AIPD". AIPD Sede Nazionale (in Italian). Retrieved 2021-03-31.
  16. ↑ "UILDM | Unione Italiana Lotta alla Distrofia Muscolare". www.uildm.org. Retrieved 2021-03-31.
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