FORUM ITALIANO SULLA DISABILITÀ (FID)
Prot:403/2014 del 03/09/2014
Comitato Interministeriale per i Diritti Umani
Direzione Generale Affari Politici
Ministero degli Affari Esteri
dgap.cidu-upr2@esteri.it
OGGETTO: Contributo FID Revisione Periodica Universale
Gentilissimi,
Come espresso nella lettera del 16 giugno u.s. di presentazione delle nostre osservazioni al Rapporto
UPR Italiano, il Forum Italiano sulla Disabilità ha continuato la sua attività di formulazione del “Rapporto
ombra” nonché la sua diffusione presso le Istituzioni internazionali coinvolte nel processo.
Il documento allegato è il risultato di tale attività, che un nostro rappresentante ha inviato ed
illustrato ad alcune Rappresentanze Permanenti presso le Nazioni Unite a Ginevra attraverso il supporto di
International Disability Alliance. Come è noto, IDA è la rete internazionale costituita dalle organizzazioni
mondiali e regionali di persone con disabilità di cui lo European Disability Forum (EDF) è il membro
regionale.
Rinnovando il nostro apprezzamento per il Rapporto dell’Italia sulla Revisione Periodica Universale
e, in particolar modo, per la modalità di coinvolgimento della società civile nel suo processo di redazione,
riteniamo importante rendervi partecipi di questa nostra iniziativa di diffusione delle analisi dei temi chiave
importanti per le persone con disabilità nelle politiche di promozione dei diritti umani.
Rimanendo a disposizione per qualsiasi informazione aggiuntiva in merito al Rapporto e per l’avvio
di un dialogo diretto con il Comitato, ci è gradito porgere i più distinti saluti.
Rodolfo Cattani
Presidente
All. 1
…
ALLEGATO
Proposta di Raccomandazioni fatte da Forum Italiano sulla Disabilità e
Forum Europeo della Disabilità sulla redazione del Rapporto Nazionale
dell’Italia per Revisione Periodica Universale
Proposal for Recommendations made by the Italian Disability Forum,
European Disability Forum on Italian UPR review
The Italian Disability Forum, European Disability Forum and International Disability Alliance are
organisations run and governed by persons with disabilities at the national, European and
international levels respectively. The protection and promotion of the human rights of persons
with disabilities, including children with disabilities, is the main objective and the driving force of
this joint submission.
Introduction
The Italian Disability Forum has taken on itself for years to monitor the application of
policies and programs intended to promote the rights of persons with disabilities, within the
broader context of human rights advocacy, rooted in the principles set out in the UN Convention
on the Rights of Persons with Disabilities (CRPD) which inspire us.
Although Italy's adoption of CRPD has started the long-desired process of including
disability in the system of human rights, practice and the evidence thus far collected both show
that the culture change that underlies this new approach is not yet quite solid and comprehensive
in our country. Disability is still an issue rather neglected in political agendas; besides, there is a
continuing prevalence of a medical approach that misses the very principles of accessibility,
serviceableness, and universal design.
Being aware that the new model of disability must take some considerable time to be fully
received, we are convinced that the CRPD principles can only be efficaciously achieved if disabled
persons and their organisations take effective part in the process of confrontation and of
decision-making.
This submission is intended as the expression of the concrete and positive involvement of
the civil society in the process of the Italian Report on Universal Periodic Review. We therefore
wish it to be understood that we send along certain observations on specific themes we find
important for evaluation, even for their absence in the Report published by Italy last 17 July, in a
purely collaborative spirit. For we wish to propose that disability should be included in every
aspect of analysis and assessment of policies promoting human rights, and at the same time
should be the object of more in-depth analysis in some key areas.
This submission will cover some specific issues that are particularly relevant to persons
with disabilities, namely the NHRI and disability focal point, multiple-discrimination against
women with disabilities, data collection, inclusive education, statistics, reasonable
accommodation, disability and media.
The submission also proposes recommendations on Italy for the Un Member State attending UPR
process.
THE ITALIAN LEGISLATIVE FRAMEWORK ON DISABILITY
The starting point of this session is the Italian Constitution (1948) where we can find the
fundamental rights guaranteed. It enshrines the state's duty to remove obstacles to the free
exercise of these rights.
Article 3 states, for all citizens, equal dignity and equality before the law without regard to
personal and social conditions. Its second half defines the role of the State: it must "remove those
obstacles of an economic and social nature that, by constraining the freedom and equality of
citizens, prevent the full development of the human person and the effective participation of all
workers in the political, economic and social development of the country". In practice, the State is
the guarantor of inclusion.
In 1996, the Department of Social Affairs published a volume entitled "Handicap and
Legislation”. In this volume you can trace this evolution because it analyzes the regulatory
framework in the field of social policy, starting from 1900, and showing that even until the 70s it
kept more or less the same features.
These features were centered on a culture of "category" with rules in favor of disabled or
invalid war veterans (1917), plus a tendency to break the disabled up into categories defined by
the causes of disability (disabled workers and disabled for service) or by the type of disability
(blind and deaf), monetization of handicap and finally the start and intensification of the
institutionalization process.
The following two decades (70s and 80s) are dominated by the impact of Framework Law
118/71 “Conversion into law of D.L. January 30, 1971, n. 5 and new rules in favor of the civilian
invalids and mutilated” that, despite its limitations1, can be considered the first step of society's
hard journey towards proper attention to the world of disability. Its contents provide economic
assistance, health care such as rehabilitation, prosthesis, social care, school placement, vocational
training, job placement and removal of architectural barriers.
This law 118/71 is to remain the only point of reference of all legislation relating to
disability until the Framework Law on Handicap n. 104/92 Framework Law for the assistance,
social integration and rights of persons with disabilities."
The 104/92, is still the only reference at national level in the field of disability, and in
those years it had the advantage of reversing past trends in the direction of integration of people
with disabilities in society2.
In general we can identify this Act (104/92) as bringing together the measures contained
in the preceding laws, which are re-claimed and re-proposed, ending the fragmentation of the
legislation. In fact, in its 44 articles, this law touches all aspects of the previous measures with
simplicity and textual clarity, making it accessible to all. With this law and with the enumeration of
the articles the rights of persons with disabilities are legitimated
Among the positive aspects of this measure there is undoubtedly the approach to the
matter of school and education. In fact, this is the only matter proposed in a comprehensive way.
The articles from 12 to 17 cover the entire path from the recognition of the right to education,
through kindergartens and primary schools up to the preparation for the world of work and then
moving to the matter of inclusion. Not only that, but they are also indicated the ways in which
integration is to be implemented.
The obstacle to the provisions of Law 104 within schools comes from subsequent
regulations that are responsible for the allocation of funds for the whole school system, also
including support teachers, qualified staff, aids and equipment needed as well as issues related
the accessibility of school buildings.
In 2000 was enacted the "Law n. 328/2000: Law for the implementation of an integrated
system of interventions and social services"3. The entry into force of Law 328/2000 created a
single National Fund for Social Policies a general fund without limits on individual items of
expenditure ( children, aged, disabled, etc.) and with funds allocated on a yearly basis in the
Government’s annual budgets .
1
The law only covered a residual band of people with disabilities, “civil invalid”, and contains for the first time general principles to
promote the rehabilitation and integration of people with disabilities.
2 During the same period (1990 - 1992) the national legislative production showed dynamism in broader political, institutional, and
then social and cultural fields. F.L 142/90 on local autonomy, the F.L. 381/91 on social cooperatives, the F.L. 266/91 on volunteering
and Legislative Decree 502/92 on health care reform.
3
Article 1: The Republic guarantees to individuals and families an integrated system of interventions and social services, promotes
measures ensuring the quality of life, equal opportunities, non-discrimination and citizenship rights, prevents, eliminates or reduces the
conditions of disability, of personal and familiar poverty and suffering resulting from inadequacy of income, social difficulties and
conditions of non-autonomy, in accordance with articles 2, 3 and 38 of the Constitution.
The change to Title V of the Constitution4 in 2001 transferred exclusive responsibility for
social policies to the regions, with the minimum levels of social services to be provided
throughout the country fixed in the Essential Levels of Social Assistance5 introduced by Law
328/2000 (Art. 22).
In order to respect the chronological order of legislative production of Italy we must go
back to the year 1999 which saw the enactment of the "Law no. 68/99: Measures for the right to
work of persons with disabilities" that reforms the system of work placement of people with
disabilities previously regulated by an Act of the year 1968. This law 68/99 brings the system from
a "mandatory employment", which forced the employer to draw by indiscriminately protected
special lists, to a system of "targeted employment" where “targeted” means again special
protected lists but with the personal card containing the candidate professional and work skills,
and with programming modes and timing of the inclusion in the workplace. "The right man in the
right place."
The year 2004 saw the publication of the "Law no. 6/2004: measures for the legal
protection of persons with disabilities" that reforms the Title XII of Book I of the Civil Code,
introducing alongside the existing institutions of interdiction and incapacitation also the new role
of the Support Administrator. Unlike the two previous protective measures, this measure will set
a "support" for the person, tailored to the specific needs of the individual case and the individual
person.
In 2006 it be issued the "Law no. 67/2006: Measures for the legal protection of persons
with disabilities who are victims of discrimination" This law provides the possibility for people
with disabilities to refer to the Judicial Authority so that they can obtain the termination of
discrimination, direct or indirect, suffered because of their personal condition of disability and in
any social environment. It is also expected that the prosecution will be made by entities
(associations, foundations) in the name and on behalf of the individual with a disability. In this
way, it ensures that the individual is not left alone with the burden of Court proceedings.
Again in 2006, the "Law 80/2006” allows those who have already had check-ups to
ascertain the condition of disability to be excluded from further check-ups if a permanent and
irreversible condition of disability has been established.
The fragmentation and the lack of homogeneity of the legislative actions in the different
fields related to the “social” mark this period coming from the year 2010. The Law 42/20096
establishing the Fiscal Federalism has given rise a number of lines of reform almost all rejected or
partially defined. One of this reform introduces the concept of “standard costs” for the regions,
also with regard to social services, and this will determine how much is invested by regions in the
various services. Another one is the reform of ISEE7 which is the tool that assesses the economic
conditions of the citizen (children, aged, person with disability, etc.) and determines access to
social services and the contribution of family and / or user at their cost.
The Stability Law in 2009 has replaced the Financial State Law and from this year the
provisions were dramatic decreasing of economic resources toward Local Bodies (down by
Regions, Provinces, municipalities) inviting them to be virtuosos reducing the “social
4
Constitutional Law 3/2001 http://www.parlamento.it/parlam/leggi/01003lc.htm
The LIVEAS are meant to identify the minimum standards that must be met throughout the country. The Government has so far failed
to agree on these levels with the regions, after consultations with local government, which actually provides the services;
6 Law 42/2009: “Delegation to the Government on matters of Fiscal Federalism, in pursuance of Article 119 of the Constitution”, which
came into force on 21 May 2009. www.parlamento.it/parlam/leggi/09042l.htm
7
D.P.C.M. 159/2013 : www.gazzettaufficiale.it/eli/id/2014/1/24/14G00009/sg.
5
expenditures”8, increasing of VAT9, deconstruction in 2011 and zero total in 2012 of the National
Fund for Social Policies partially refinancing in 2013 and 2014.
In the health field three legislative documents are relevant:
Ministerial Decree 33/1999 which identifies the method of delivery, in charge of the
National Health System, of aids and prostheses for people with disabilities
Decree of President of the Council of Ministers of February 14, 2001 that indicates which
social and health services are in charge of the NHS and which are in charge of the municipalities.
For the temporary care in residential and semi-residential services the 60% - 40%. For assistance
in permanent residential structures 70% - 30%.
Decree of President of the Council of Ministers of 29 November 2001 fixing the Essential
Levels of Health Care (LEA), i.e. the facilities and services that the NHS is required to guarantee to
all citizens free of charge or with economic participation.
The body of legislation on inclusive education in Italy
From the first half of the 60’s, all disabled persons in Italy were educated in special
schools or in boarding institutions as in the rest of Europe and of the world.
After the 1968 fights against forms of marginalisation (in France the “May of the student
revolution” and in Italy the “hot autumn of the trade unions”) the operators of the special
institutions for the disabled convinced the parents to remove their children from these structures,
which were considered “ghettos” and to enrol them in common schools. It was a massive
phenomenon and several tens of thousands of disabled youths left the institutions and special
schools, which nevertheless continued to exist.
Act no. 118/7110 takes note of this situation and establishes that also disabled students
are to fulfil the obligation of compulsory education in common schools, except for the most
severe cases (which included the blind, the deaf, the severe intellectually and motor disabled,
such as the quadriplegics)
In 1977 Act no. 517 “Rules for changing the school system” established the principle that
all disabled pupils of the primary and middle schools from the age of 6 to 14 years are to be
included (imposing also that all the teachers of the class are obliged to prepare an educational
plan, supported by a specialised teacher for “didactic support” and that the State, the Local
Authorities, and the local health units are to make out an administrative and financial plan).
Administrative relations among the different services had to be governed by “agreements” among
the different public institutions, which could sign agreements with private organisations to fulfil
the obligations they undertook with the “agreements”.
In 1987 the Constitutional Court issued sentence no. 21511 12 recognising the full unconditional
right of all disabled pupils, even in situations of severity, also to attend secondary schools, and
imposing all the authorities involved (school administration, local authorities, local health units) to
provide the services of their competence to support general school integration.
8
Law 111/2011 art. 20
Legislative Decree 201 of 6 December 2011, converted with amendments by Law 214/2011one percentage point from 2012 and
another percentage point from 2013. From 20% to 22%
10 Law 118/71 described in the previous chapter
11
Subject: "Findings of constitutionality as an incidental art. 28, third paragraph, of the Law of 30 March 1971, no. 118: School - civilian
disabled or invalids - subjects with handicaps - right on the frequency of upper secondary schools - effective and concrete realization of
the right - no application - infringement of Articles. 3:30:31 and 34 of the Constitution - Unlawful constitutional part. "
12
Circular of the Ministry of Education n.262 dated 22 September 1988
9
In 1992 Act no. 104/92 was approved, which with articles 12 to 16 establishes the
principles of a good quality of school integration.
In Italy there are no health, social, or educational boards, nor an administrative office to decide
whether a pupil may or may not attend a school, or whether he/she should be addressed to a
special school or to an ordinary one.
According to Act 62/2000 “Standards for school equality and provisions on the right to
study and education", any state or non-state (private, municipal, or regional) school in Italy that
obtains official recognition is obliged to accept any pupil with disabilities, even if severe. Better
still, it is a criminal offence for a school to refuse to enrol such pupils.
According to Act 17/1999 “Integration and modification of the framework law February
5, 1992, n. 104, for the assistance, social integration and rights of disabled people” each
University should have a professor in charge of the reception of disabled students and there must
be “tutors ready to help the disabled pupils overcome difficulties regarding the organisation and
at times the syllabuses of university courses; the University should guarantee the elimination of
architectural barriers and there should be assistants to further the mobility of students in
wheelchairs.
Law 169/2008, provides for a few number of measures (apparently not related to
inclusive education ) briefly summarized in: art 1. awarding of a mark (out of 10) for student’s
behaviour at school, art.2 evaluation of the scholastic performance, art. 3 introducing the topic
“Citizenship and Constitution”, art. 4 introducing the unique teacher for each classroom, art 5
adoption of school books, art. 6 value of science degree for primary school teacher. The Article 413
(Unique teacher in the primary school) has fully transposed the Article 64 (Measures for the
scholastic organization) of the Law 133/200814. This Article imposed: increase of one point of the
ratio pupils/teachers; reduction of the administrative, technical and support staffs (not teachers)
by 17% compared to total number of same staff for the school year 2007/2008; rationalization of
the human resources trough: reduction of total number of classrooms, rationalization of
didactical plans and related timing; review of the establishment criteria of classrooms;
remodelling of didactical organization including the training of teacher staff, reduction of total
number of schools15.
European Legislation
Decreto Legislativo 17 Aprile 70/2014 (G.U. n. 103 del 06/05/2014)
Penalty Rules applicable to infringements of the provisions of Regulation (EC) n. 1371/2007
concerning the rights and obligations of rail passengers.
Decreto Legislativo 4 Marzo 39/2014 (G.U. n. 68 del 22/03/2014)
13
http://www.edscuola.it/archivio/norme/leggi/dl28808.pdf
http://www.handylex.org/stato/l060808.shtml
15
The impact of this article 4, Law 169/2008 (art 64 Law 133/2008) has been: crowded classrooms (so called hen-house classes);
presence of more than two pupils with disabilities in the same classroom and without the maximum number of total pupils (20) in
presence of a classmate with disability; aaccordingly, there has been a general cut of the total number of teachers and specialized
teachers; teacher’s timetable strictly corresponds to the number of teaching hours for each subject meaning that there is no
additional hours that the teacher can use for other activities, for example supply teaching; supply hours are then covered by support
teachers, that are obliged to abandon pupils with disabilities; aassigning a unique teacher for each class dramatically reduced the
number and quality of didactic activities; reduction of funds devoted to update training courses for employed teachers results in lack
of knowledge of disability issues; the process of scholastic inclusion then relies only to upon supply teachers.
14
Implementation of Directive 2011/93 / EU on combating the sexual abuse and sexual exploitation
of children and child pornography, replacing Framework Decision 2004/68 /.
Decreto Legislativo 4 Marzo 24/2014 (G.U. n. 60 del 13/03/2014)
Implementation of Directive 2011/36 / EU concerning the prevention and combating of trafficking
in human beings and protecting victims, replacing Framework Decision 2002/629 /.
Decreto legislativo n. 24 del 24 febbraio 2009, G.U. n. 69 del 24 marzo 2009
Penalty Rules for violation of the provisions of Regulation (EC) n. 1107/2006 concerning the rights
of persons with disabilities and persons with reduced mobility when traveling by air.
The Rules (CE) n. 1107/2006 of 5 July 2006, concerning the rights of persons with disabilities and
persons with reduced mobility when traveling by air, partially in force since 26 July 2007 (articles
3 and 4), is applied in its entirety from July 26, 2008.
On August 9, 2007 was published in the Official Gazette no. 184 series general, the Ministerial
Decree of 24 July 2007 no. 107 / T.
Decreto Legislativo n. 216 del 09-07-2003
Legislative Decree on July 9 2003, n. 216, aimed to the implementation of directive 2000/78
establishing a general framework for equal treatment in employment and occupation.
Human Rights Treaties
Ratification Status for Italy
Treaty
Signature
date
CAT - Convention against Torture and Other Cruel Inhuman or 04 Feb 1985
Degrading Treatment or Punishment
CAT-OP - Optional Protocol of the Convention against Torture
20 Aug 2003
CCPR - International Covenant on Civil and Political Rights
18 Jan 1967
CCPR-OP2-DP - Second Optional Protocol to the International 13 Feb 1990
Covenant on Civil and Political Rights aiming to the abolition of
the death penalty
CED - Convention for the Protection of All Persons from 03 Jul 2007
Enforced Disappearance
CEDAW - Convention on the Elimination of All Forms of 17 Jul 1980
Discrimination against Women
CERD - International Convention on the Elimination of All 13 Mar 1968
Forms of Racial Discrimination
CESCR - International Covenant on Economic, Social and 18 Jan 1967
Cultural Rights
CMW - International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families
CRC - Convention on the Rights of the Child
26 Jan 1990
CRC-OP-AC - Optional Protocol to the Convention on the 06 Sep 2000
Rights of the Child on the involvement of children in armed
conflict
CRC-OP-SC - Optional Protocol to the Convention on the Rights 06 Sep 2000
of the Child on the sale of children child prostitution and child
pornography
Ratification
Date
12 Jan 1989
03 Apr 2013
15 Sep 1978
14 Feb 1995
10 Jun 1985
05 Jan 1976
15 Sep 1978
05 Sep 1991
09 May 2002
09 May 2002
CRPD - Convention on the Rights of Persons with Disabilities
30 Mar 2007
15 May 2009
The number of persons with disabilities in Italy
From the official statistics available16 (2005) the number of people with disabilities, from the age
of six onwards, that live with their families is about 2 million 615 thousand, meaning 4, 85% of the
Italian population17 in the same year 2005. Of this 2.615.000 persons with disabilities, 894
thousand persons are male and the remaining 1 million 721 thousand, are female.
Table: Persons with disabilities aged 6 years and over (absolute values per thousand)
by gender and age class - Total (Hierarchy Administrative) Year 2005.
AGE CLASS
6-14 years
15-24 years
25-34 years
35-44 years
45-54 years
55-64 years
65-69 years
70-74 years
75-79 years
80y and over
Total
Gender
Males
41
19
28
46
51
76
64
99
131
328
882
Females
39
17
24
41
50
98
111
180
289
879
1727
Total
81
36
52
86
101
174
174
278
420
1207
2609
Source: Istat, Indagine multiscopo “Condizioni di salute e ricorso ai servizi sanitari - Anni 2004-2005”
In the total number are not included persons with intellective impairments and with
psychosocial disabilities because the survey included questions related to physical capacity of the
subject.
In the scholastic year 2012/201318 the total number of students with disabilities from preprimary school to higher schools was 222.917 148.700 (66,7%) have an intellectual disability,
9.100 (4,1%) have physical disability, with hearing disability are 6.500 (2,9%), sightseeing disability
and blind are 3.700 (1,7%). The remaining 24,6% under the word “other disability” are students
with early psychiatric disorders, specific learning disorders as autism and its spectrum and/or
ADHD.
The 86,5% of total number of students and the 92% of students with disabilities attend
State schools while the 13,5% of total number of students and the 8,0% of students with
disabilities attend non-State schools (Source: Ministry of Education, University and the Research).
The number of Support Teacher is 101.265 respecting the ratio 1 support teacher/2
students with disabilities.
Students with disabilities 2012/2013
Total
Childhood Primary Secondary Higher
Students with disabilities
222.917
21.283
83.892
65.094
52.658
Total students
8.943.701 1.686.095 2.825.400 1.779.758 2.652.448
16
ISTAT. Years 2004-2005
http://www.demo.istat.it/pop2006/index.html At 1January 2006 Italy had 58.751.711 inhabitants
18
http://www.istruzione.it/allegati/integrazione_scolastica_degli_alunni_con_disabilita.pdf
17
%St. w Dis/total students
2,5
1,3
3
3,7
2,0
FOLLOW UP QUESTIONS
1. National Human Rights Institution (NHRI) (Rec. 11-15)
Background information
Italy is one the few State 19 in Europe without a National Human Rights Institution in line
with the Paris Principles, the UN General Assembly 48/134, 20 December 1993 and Council of
Europe Resolution 97, 30 September 1997. The Italian breach was highlighted also by 2010 UPR
with A/HRC/14/4/Add Recc. 11-15 and all specific UN Treaty Bodies recommendations
examining in the last decade the Italian human rights context (CRC/C/15/Add198 - 18 March
2003; CESCR / ITA / 04 - 26 November 2004; CCPR/C/ITA/CO/05 - 2 November 2005; CEDAW,
2005 A/60/38 (SUPP); CAT/C/ITA/CO/4 - 18 May 2007, CERD/C/ITA/CO/15 - 16 May 2008,
CERD/C/ITA/CO/16-18 - 9 March 2012). The lack of this NHRI is aggravate by the absence of
commitment descending by the Italy CRPD ratification with Law 18/2009.
The Italian Government during the presentation of its first candidature to the new UN
Human Rights Council on 8 May 2007 promised in front of the UN General Assembly “to create a
national independent commission for the promotion and protection of human rights and
fundamental freedoms”.
Again on 2011, although having disregarded this official commitment, presented for the
second time its candidature to the UN Human Rights Council on 8 May 2007 promised in front of
the UN General Assembly “to create a national independent commission for the promotion and
protection of human rights and fundamental freedoms to achieve during its second mandate
2011-2014 (Italy was elected 20 May, entry into force from 19 June 2011).
From 2004 there were a lot of “proposal of law” converted in “bill” but the legislative
processes are not concluded and all the proposals expired or were not put in the parliamentary
agenda for the endorsement. As regard the parliamentary legislative process for the
establishment of the NHRI, despite the CESCR Recommendation n. 32 and CCPR Recommendation
n. 7, an inclusive, transparent and participatory consultation with civil society was not set up.
Still now Italy has only a Parliament Commission on Human Rights with functions of
awareness, watchfulness, international proposal and relations. Similarly UNAR (National Office
Anti – Racism) established by Legislative Decree 215/2003 for the transposition of the Eu Directive
2000/43/CE and CIDU (Interministerial Committee for Human Rights) at the Italian Ministry of
Foreign Affairs not have a protection power and are governmental bodies.
Recommendations

19
Continue its efforts to set up a Human Rights Institution that would function in an
independent manner, in accordance with the Paris Principles.
http://nhri.ohchr.org/EN/Contact/NHRIs/Pages/Europe.aspx

Establishing an inclusive consultation with civil society during the establishing process of NHRI
2. Multi discrimination against women with disabilities in employment policies and
employment (Rec. 34, 36)
Background information
In the field of employment, it is important to highlight that particular multi discrimination
(based on gender and disability) is experienced by women with disabilities, which represent the
48,39% of total number of persons with disabilities registered20.
In Italy, inclusion in the labour market is regulated by Law n.68 of 12th March 1999
however women with disabilities still face serious barriers whom, when starting a job, lack the
necessary competences due to their discriminatory education. In the field of inclusive education
there is a serious lack of official statistics and surveys demonstrating only the absolute values on
number of pupils and students with disabilities without respect of the gender. The only official
survey on education, disability and gender is on 2005. In this survey21, on a total disabled
population of 178.220 the male present in secondary (10-10Y) plus higher schools (13-18y) are the
14,3% and the female are only the 8,4%. For this lack of data we cannot demonstrate this
statement that is made by the DPOs after collecting year by year the complaints of their female
members. This complaints were focused on barriers given by preventing girls with disabilities to
conclude the secondary level or, even more, higher and university level. If they can continue, they
are directed towards certain training choices that lead to subordinate positions and lower roles
on the labour market.
The same official statistics, not up-dated, in the field of employment said that in 200522
among people with disabilities only 1,8% of the women are employed against 6,8% of the men, an
analogous situation can be found among the people without disability, 37,5% are employed
women and 61% are men.
Age is a differentiating factor: among persons with disabilities within the age range of 15 and 44,
only 13,9% women are employed against 22,3% of men. When we take into consideration the age
group between 45 and 64, only 10,4% of women are employed while 24,6% of men are23.
In the national official statistics, ISTAT each month delivers the employment and
unemployment rate , their absolute values and the values of female and male rates for the two
20
“Persons registered to the only provincial list "ex L.68/99" at 31 December 2009 (absolute values)”.
http://dati.disabilitaincifre.it/dawinciMD.jsp?a1=uAmQ8I8&a2=_y&n=$$$109$$$$$&o=3U&p=0&sp=null&l=1&exp=0
21
The official up-dated disaggregated data on education matter belonging to ISTAT 2005 survey
http://dati.disabilitaincifre.it/dawinciMD.jsp?a1=uAqw8I8&a2=_y&n=$$$909$$$$$&o=1T1S&v=1UL0900R0ANE00000000000&p=0&s
p=null&l=1&exp=1
22
http://dati.disabilitaincifre.it/dawinciMD.jsp?a1=uAmM8I8&a2=_y&n=$$$909$$$$$&o=1R1M&v=1UL0904M0ANE00000000000&p=0
&sp=null&l=1&exp=0
23http://dati.disabilitaincifre.it/dawinciMD.jsp?a1=uAmM8I8&a2=_y&n=$$$909$$$$$&o=1R1M&v=1UL0904O0ANE0000000010000&
p=0&sp=null&l=1&exp=0
conditions. Unfortunately in the gender rates it is not known if they include male and female with
disabilities.
The Law 68/99 regulating the employment of persons with disabilities doesn’t present
form of positive actions and specific measures for employment of women with disabilities. The
beneficiaries of the legislative provisions are “persons with disabilities” with any reference to
women with disabilities: women are hidden in the world of disability and their role in the work
force isn’t even recognized.
It is not known if there are national surveys24 and researches exploring the phenomenon
of the double discrimination to what women with disabilities are subject, also in the field of
employment, from a perspective of the social model of disability and the respect of human rights.
Recommendations
 Implement policies to guarantee that women with disabilities have equal access to employment
policies and to the labour market.
 Promote collections of data and surveys producing data on employment and unemployment
focusing women with disabilities.
 Intensify effort to lower unemployment rate of women with disabilities which is still
dramatically higher than the average for women’s employment and even more than the
average for men’s employment.
 Guarantee the full implementation of national Law no. 68/99 "Regulations for the right to work
of persons with disabilities" and related policies and practices and ensure that particular
attention is paid to women with disabilities.
3. The absence of persons with disabilities as part of the data collection on violence
against women and children (Rec. 35, 36, 37)
Background information
In Italy none of the laws in favour of women refers to women with disabilities25. Despite
the fact that women with disabilities are more exposed to violence of sexual, physical and
psychological nature there is no reference to them in the Law n° 66 of 15th February 1996 “Rules
against sexual violence”26. We can hypothesise that the lack of legislative reference is at the base
of a complete absence of information regarding violence and abuses suffered by women with
disabilities in Italy. Even in the last report “Violence and maltreatment against women”
commissioned by the Ministry for Rights and Equal Opportunities and carried out by the
National Statistics Institute (ISTAT), based on the results of a research on the safety of women,
carried out from January till October 2007, there is no information that regards women with
disabilities. Also in the investigation “Harassment and sexual harassment” made by ISTAT carried
out from 2008 and 2009 there is no information regarding girls and women with disabilities. The
non-existence of data does not mean that the phenomenon does not exist. Instead, it shows the
indifference and lack of attention given by the Italian authorities.
24
http://www.nuovowelfare.it/nuovoWelfare/store/fileStore/File/STUDI%20e%20RICERCHE/DonneDisabili/PercorsoLavorativoDonne_Li
bro.pdf
25
http://www.fondazionenildeiotti.it/docs/documento4338870.pdf “The women Laws that change Italy. Pag 17 Cronological order
(1950-2011) of Laws
26 http://www.solideadonne.org/pdf/legislazione/scheda_legge_66_1996.pdf Beneficiaries of the law are men and women, adult or
minor, obliged to perform and suffer sexual acts. Special protection is given to children.
The ill-treatment and abuse of children in general is a phenomenon that continues to be
underestimated and in Italy. There is no national system able to identify child victims of illtreatment27, its frequency, its epidemiology, the risk factors and its causes as well as a monitoring
mechanism. Although a pilot scheme was introduced by the National Childhood and Adolescence
Documentation and Analysis Centre28, this scheme has only been adopted by five regions and
experimented within just a few small areas. It is a long way from becoming a “national system”.
The same goes for the specific area of sexual exploitation, where there is an informative website
of the Observatory for the Fight against Pedophilia and Child Pornography29, however its database
is still not operational30.
It is important to highlight that the same Observatory confirms that the statistics are
based on the detection of the number of crimes committed and of people reported, not the
number of children who have been abused.31
Attempts to study the phenomenon has been carried on by the civil society, of course.
Studies usually refer to specific geographical areas and assessment method are usually
differentiated, nonetheless, they can provide reliable data to help us estimate the incidence of
this phenomenon at national level.
One of their most recent reports32 takes into consideration this phenomenon among children of
49 Italian municipalities. It shows that 1 out of 6 children taken in charge by the social services are
victims of ill-treatment and 1 child out of 100 (0.98% of the total resident children) is assisted by
social services for reasons of ill-treatment. Given that as of January 1, 2012 the global child
population in Italy was 10.574.660, it is plausible to say that more than 100.000 children are
victims of maltreatment. The study gives a real picture of the extent of the phenomenon and
projects it on a national scale, demonstrating that the phenomenon is widespread in our country,
and not just 'estimated'.
It is alarming to conclude that in those reports there is no mention to children (girls and
boys) with disabilities.
Many questions have to be asked considering the complete indifference from Italian
authorities. Where are they? Are they not victim of violence and ill-treatment? Are they not in
charge of Social Services or, on the contrary, they are but adults have not been able to
appropriately interact with them and obtain the necessary information? Are children with
intellectual disabilities even taken into consideration when implementing direct interview-based
researches?
And yet, the incidence of violence suffered by children with disabilities corresponds to
significant percentage. Researchers33 have found that children with disabilities are about 3.7
times more at risk of being subjected to forms of neglect, 3.8 times to be victims of physical or
27
The available surveys on www.osservatoriopedofilia.gov.it are focused on the crimes or on the persons reported and not on the
victims.
28
http://www.minori.it/centronazionale
29
http://www.osservatoriopedofilia.gov.it/
30http://www.gruppocrc.net/IMG/pdf/2_Rapporto_CRC_2010_StC.pdf english abridged version pagg 74-75
31 http://www.osservatoriopedofilia.gov.it/dpo/resources/cms/documents/1_rel_parl_pedof_2005_2007.pdf
32 “Maltreatment of children: how many victims in Italy?”, published in 2012 http://www.terredeshommes.it/dnload/dossier-bambinimaltrattati-tdh-cismai.pdf. Carried out by CISMAI and Terres des Hommes, two NGOs that are also members of the CRC Group, a civil
society network that follows the implementation of the CRC and produces yearly reports, as well as the shadow reports to the CRC
committee.
33
http://www.acp.it/wp-content/uploads/Quaderni-acp-2014_212_69.pdf
psychological abuse, and 4 times more at risk of being subjected to forms of sexual abuse
compared to children without disabilities34.
UNICEF also reports studies conducted from 1990 to 2010 on violence against children with
disabilities estimating the percentage of children victim of various forms of violence ranging from
26.7% , to 20.4% of those victim of physical violence and 13.7% victim of sexual violence. It is
estimated that compared to their non-disabled peers, children with disabilities are 3.7 times more
likely to be victims of various forms of violence and children with intellectual or mental disabilities
are 4.6 times more likely to be victims of sexual violence35.
In the field of prevention of ill-treatment and abuse and with regard to children with
intellectual disabilities, especially girls, there is no plan to deliver appropriate training to staff of
police, judges, lawyers, families, associations, etc on how to recognize abuse and violence.
August 2011 Italy’s written reply to UN Committee on the Rights of the Child (CRC Cttee)
says that “Anybody can report violations about children’s rights or situations of risk to the
Ombudsman, even using the public free phone numbers” (para 67 of CRC Italy’s written reply).
However we have to underline that the Ombudsman was not nominated neither operative since
the law was just approved36, and that the law do not explicitly foresees accessible complaint
mechanisms or even accessible information on how to report violations of the rights of persons
with disabilities. For example, the public free phone numbers, mentioned earlier, is not accessible
to children with hearing impairments. This type of attitude clearly shows a situation of
discrimination on the basis of disability which has been expressly prohibited in Italy, since law no.
67/2006 “Measures for the legal protection of persons with disabilities who are victims of
discrimination”.
Recommendations
 Implement the institutionalization of systems, standards and, above all, inclusive
procedures to track disaggregated data both at national and local level, on the basis of
which to enable appropriate prevention policies.
 Guarantee to persons with disabilities, including children, in particular those with
intellectual disability, to access reporting instruments and mechanisms.
 Devote appropriate attention to women with disabilities in the implementation of laws
against violence against women.
4. Inclusive education (Rec. 43)
Background information
The ratio of one support teacher every two students with disabilities at most, for each
class, has been established by law no.244 in 2007. But the same Law 244/2007 fixed the
maximum number of support teacher on national basis and prohibit to recruit more support
34
Jones L et al. Prevalence and risk of violence against children with disabilities: a systematic review and meta-analysis of observational
studies. Lancet 2012;380:899-90
35 http://www.unicef.it/doc/4816/bambini-e-disabilita-il-fenomeno-in-cifre.htm
36
http://www.garanteinfanzia.org/sites/default/files/documenti/legge%20112-2011.pdf
teacher, in derogation of the law, in presence of pupils with severe disabilities. In practice, there
has been a strong and generalized cut of support teacher places throughout Italy. Resulted a
situation that was gradually deteriorating over time because the linear budget cuts and the
increase of the number of students with disabilities in schools faced with an unchanged number
of support teachers.
This produced cases where there were more than 2 students with disabilities per class
(sometimes reaching 5-6 pupils with disabilities) and/or the reduction of support teaching hours
assigned to each student so as to attend a greater number of students with the same number of
teachers. In the past two years there has been a general rapprochement to the 1:2 ratio at
national level however discrepancies still persist at regional level where this ratio varies sensibly
between northern and southern regions.
This situation, joint with a reduction of hours of support teachers, have obliged the
families of students with disabilities to promote about 5.000 appeals to the Courts, always won.
The sentence of Constitutional Court n. 80/201037 stressed that it is necessary to guarantee the
education of students with disabilities with coherent support and to interpret all Italian legislation
in the light of the CRPD Convention on the Rights of Persons with Disabilities.
Although participation in extra-curricula activities should be guaranteed on pair with the
participation in classes, students with disabilities rarely participate to school trips due to the lack
of adequate personnel and often times parents are called to assist their children during such
activities.
Accessibility still remains a delicate issue, in terms of physical access to the premises (13%
of school buildings have architectural barriers) and use of appropriate technology to facilitate the
participation of students with sensory or intellectual disabilities (more than 1/4 of the schools do
not have adapted computer stations and about 1/3 of support teachers did not attend courses on
educational technologies for students with disabilities).
Above all, the lack of coordination between the various institutions in charge of the
education process of a student with disabilities strongly undermines the efficiency and
effectiveness of the teaching system.
Recommendations
 Provide full implementation of the initiatives foreseen in the Line of Action no. 5 “ Training
process and inclusive education” of the National Plan on Disability.
 Provide reasonable accommodation in education, with appropriate measures as for respect
of the number of 2 students with disabilities in the class, appropriate educational plan and
personal and technical support, etc.
 Establish inspections procedures regarding the process of inclusive education regarding
students with disabilities, both in terms of school activities and the preparation of the
necessary documentation to define the Personalised Educational Plan.
 Provide and ensure training of curricular teachers on disability issues including the training
on the rights of persons with disabilities.
 Guarantee the accessibility and usability of school premises and all its related activities.
NO FOLLOW UP QUESTIONS BUT ESSENTIAL FOR POLICY MAKING
37
http://www.handylex.org/stato/s220210.shtml
5.
Focal Point - Article 33, Paragraph1 of CRPD
Background information
As prescribed CRPD Article 33, Paragraph 138, Italy established39 the National Observatory
on the condition of persons with disabilities. Their members represent both the government and
its articulations, as well as the civil society. Its main tasks are to draft a National Plan on disability
and the Report to the UN CRPD Committee on a regular basis. In the light of the Paris Principles
and the UN Human Rights Council’s Thematic study on the CRPD monitoring and
implementation40 , this Observatory does not respond to the criteria identified in such documents
with regards to independence and accessibility. For instance, but not limited to, it is located
within the Ministry of Labour and Social Policies rather than the Ministry of Equal Opportunities.
In addition, the 2013 Decree of President of the Republic41 adopting the two-years
National Program of Action on disability prepared by the Observatory, has not allocated sufficient
resources as it binds its implementation to the available resources42. Moreover, the independent
monitoring body or framework meeting the Paris Principles, in compliance with article 33.2 of the
UNCRPD, has not been set up so far.
Recommendations

Intensify its efforts to set up a Human Rights Institution that would function in an
independent manner, in accordance with the Paris Principles; including the mandate to
monitor the implementation of the UNCRPD and other Human Rights Treaties and to
promote and protect the rights of persons with disabilities, including the work done by the
National Observatory on the condition of persons with disabilities.

Allocate the necessary resources to guarantee the full implementation of the two-years
National Program of Action on disability.
38
“States Parties, in accordance with their system of organization, shall designate one or more focal points within government for
matters relating to the implementation of the present Convention… Civil society, in particular persons with disabilities and their
representative organizations, shall be involved and participate fully in the monitoring process”.
39
Law 18/2009 and Minister of Work and Social Policies of 30 November 2010. www.osservatoriodisabilita.it
40 Thematic study by the Office of the United Nations High Commissioner for Human Rights on the structure and role of national
mechanisms for the implementation and monitoring of the Convention on the Rights of Persons with Disabilities, 2009 (A-HRC-13-29).
Paragraphs 22-32 http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-29.pdf
41
Decree of President of Republic 4 October 2013 (G.U. Serie Generale 303 28.12.2013) “Adoption of the two-year programme of
action to promote the rights and inclusion of people with disabilities of the two-years “
42 In the President Decree is specified that “the implementation of the seven priority line of actions will be subject of available
resources”.
6. Statistics
Background information
In Italy there is no reliable statistical data on the number of children with disabilities aged
0-5. The absence of such statistics has been officially confirmed in a written communication sent
to Gruppo CRC43 by the Ministry of Health in 2008 and as is also clear from the CRC State Report.44
This perpetuates the invisibility of the youngest children with disabilities and pushes them to a
vulnerable situation and consequent exclusion having a definitive impact in their work and social
life.
The official statistics on the number of persons with disabilities aged 6 and above and
living in a family dates back to 2004. However, this data does not include those children and
adults with intellectual and psychosocial disabilities, since the survey produced by ISTAT only
included questions on the physical capacities of the subject.
It is also to be underlined the weaknesses of the Italian data collection system, especially
as regards particularly to vulnerable groups of persons, such as persons with disabilities. The lack
of up-to-date, homogenous and disaggregated data about the situation of persons (including
children) with disabilities – as stress the article 31 of the CRPD, ratified by Italy with Law 18/2009 makes it difficult to adequately assess the real situation of persons with disabilities and to design
and implement appropriate policies.
Frequently the data are collected only for administrative reasons and not to support the
Institutions in their political decision when design policies. This produce as consequence that are
not data available to make political decision on disability issues. For example in this field the data
collected by the National Institute of Statistics (ISTAT) focuses on families and on social-health
services, and not on the condition of persons with disabilities as individuals, which further
obscures the reality of persons with disabilities in Italy.
Recommendations
43
44

Define a system of data collection that includes children with disability aged 0-5 in order to
identify the number of persons with disabilities living in Italy.

Consider the impact of austerity measures on persons with disabilities, considering the
impact of barriers to inclusion and participation of persons with disabilities in society, their
quality of life and the accessibility of general policies and programs.
CRC Group for the writing of the Supplementary Report to the implementation of the CRC. www.gruppocrc.net
Cf footnote nr 103 on Government Report at page 99, para 436.
7. Reasonable accommodation
Background information
The first reference to reasonable accommodation appeared in the Italian Legislation
during the process of entry into force of the EU Directive 2000/78 CE establishing a general
framework for equal treatment in employment and occupation, ratified through the Legislative
Decree 216/200345.
Regarding the implementation of art. 2, n. 2, lett. b, ii46, of the Directive, there is no
correspondence into the Italian act (Legislative Decree 216/2003), because the former legislation
contained already rules finalized to forbid all discrimination against disabled persons in the work
field and to favor their access to employment.
Similar observations regarding the implementation of art. 5 of the Directive47 concerning
reasonable accommodation for disabled persons stating that this provision is already covered by
the precedent legislation48 and was not transposed in the Legislative Decree 216/2003. For this,
with a sentence (11 April 2013 Causa C-312/1149) the European Court of Justice condemned Italy
for the uncorrect transposition of article 5 of EC Directive 78/2000 obliging the employers to
adopt “reasonable accommodation” for persons with disabilities in work environment. Now the
Law 99/2013 article 9 modified the article 3 of Legislative Decree 216/2003 entering in the text
explicit reference to reasonable accommodation. But again in the new wording there is a
reference to “available resources” in the implementation of reasonable accommodation.
During the year 2006, a specific legislation on protection of persons with disabilities
against discrimination was enacted: "Law no. 67/2006: Measures for the legal protection of
persons with disabilities who are victims of discrimination" This law provides the possibility for
persons with disabilities to refer to the Judicial Authority so that they can obtain the termination
of, direct or indirect, suffered discrimination. It is also expected that the prosecution will be made
by entities (associations, foundations duly recognized with a decree of the Ministry of Equal
Opportunities) in the name and on behalf of the individual with a disability. This ensures that the
individual is not left alone with the burden of Court proceedings. In this Law there is neither the
45
Attuazione della direttiva 2000/78/CE per la parità di trattamento in materia di occupazione e di condizioni di lavoro.
(fonte: GU n. 187 del 13-08-2003)
46 Directive EC 78/2000, Article 2: Concept of discrimination
47 Directive EC 78/2000, Article 5: Reasonable accommodation for disabled persons
48
Report on the situation of disabled persons in italy with regard to the access to employment; By Maria Rita Saulle (1935-2011),
Judge of the Constitutional Court
49http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30db595dce9c7eac40eaa9f0b99dba629708.e34KaxiLc3qM
b40Rch0SaxuLbNb0?text=&docid=139105&pageIndex=0&doclang=it&mode=req&dir=&occ=first&part=1&cid=362634
reference to reasonable accommodation nor to the fact that denial of reasonable accommodation
constitutes discrimination.
Recommendations
 Further strengthen its compliance with the Convention on the rights of Persons with
Disabilities, by implementing the concept of reasonable accommodation in laws, programs
and practices as well as including gender dimension when reasonable accommodation is
required.

Reasonable accommodation is not subject of “available resources”. It is an immediate
obligations.
8. Media campaign against persons with disabilities. The “fight against false invalids”
Background information
For years now, persons with disabilities that receive a pension50 are at the centre of rather
impressive media campaigns, sometimes verbally violent51. In conjunction with the start of the
financial and economic crisis, public institutions have launched yet another campaign in search of
the "false disabled", promptly picked up by newspapers that has characterized the year as
offensive and discriminatory52.
The launch of special audits to spot the abusers by the National Institute of Social Security
(INPS) did provide some savings, but only 0.67 percent of the annual expenditure for pensions and
allowances (16,6 billion)53. Against these poor numbers, there are the hardships for which persons
with disabilities are subjected, often forced to undergo additional inspections despite serious
health conditions, along with the interruption of the ordinary activities for the recognition of
allowances.
The Court of Auditors noted in its most recent inspection control that persons with
disabilities wait on average 299 days from the date of the application to access allowances and
pensions; for instance blind persons wait 338 days while deaf persons wait 399 days.
Even the Judgment of the Lazio Regional Administrative Court54 following appeals of two
associations (ANFFAS and FISH) defined such “extraordinary inspections” as unlawful and harmful
50
The most frequently delivered: Invalidity pension under a fixed personal income limit and accompanying indemnity for severe
impairments and without this income limit.
51
“Two million seven hundred invalids in Italy pose the question of whether a country can be so competitive”. Words of former
Minister Tremonti during the conference a conference introducing the new financial plan, May 26, 2010.
52 In 2001 the magazine “Panorama” the magazine published on its cover a picture of Pinocchio in a wheelchair accompanied by
"freeloaders" (link to the image: http://www.disablog.it/wp-content/uploads/2011/03/pa_pre.jpg)
53
For completeness, the entire cost of 2012 for pensions and allowances is equal to 1.1% of Gross Domestic Product (1.565.916
million) .
54 Ecco finalmente la verità sui cosiddetti “falsi invalidi” (Here, finally, the truth about the so-called "fake invalids”), article published on
June 4 2014 on www.superando.it (link http://www.superando.it/2014/06/04/ecco-finalmente-la-verita-sui-cosiddetti-falsi-invalidi/)
to the rights of real people with disabilities and disavow the data provided by the Institute in this
regard 55.
Recommendations
 Inspections to establish allowances and pensions should be respectful of the rights of
persons with disabilities and not harming persons with disabilities.

The training of mass media officials on the rights-based approach to disability is pivotal to
reach the goal of perceiving disability as part of the human diversity.

Continue its combat against hate speeches and all forms of discrimination against persons
with disabilities in accordance with international standards and its human rights
obligations and to bring perpetrators to justice.
9. Legislation on decision-making regimes in the light of CRPD article 12
Background information
In Italy, on 2004, the Law 6/2004 was enacted and established the new institute of
Supported Administration (Amministrazione di Sostegno)56.
However we must consider, that in Italy there are different legal provisions and the
legislation admitting the applicability of substituted decision-making regimes remains effective,
applying for guardianship. This guardianship regime, often does not produce any positive effect,
because its history in the past, but also in the present shows a mere safeguard of the potential
personal economic assets of the person under incapacitation. These substituted decision-making
regimes outline a pre-established model of denial of legal capacity that has a strong impact on
fundamental rights and freedoms of persons with disabilities and that it is therefore incompatible
with most recent international human rights instruments, including the UN Convention on the
Rights of Persons with Disabilities.
From the experience of the disability movement and based on a decade experience of
application of the “Amministrazione di Sostegno” as a support decision-making regime, we can
confirm its positive and respectful impact based on the needs and will of the person with
disabilities and it is therefore possible to apply it in every situation, even for those persons in
need of the most intense support.
The Amministrazione di Sostegno regime (also as a full support decision-making regime)
can be adapted to the needs of the person, due to its inherent flexibility and the agility of the
procedure.
55Judgment
by the Tar Lazio http://www.giustiziaamministrativa.it/DocumentiGA/Roma/Sezione%203Q/2011/201105186/Provvedimenti/201403851_01.XML
56
Support Administrator is a person, nominated by the Judge, to support a person in decision-making.
Support decision-making regimes, as opposed to substituted decision-making regimes, focus not
on the assets, but on the person, his/her needs and will.
Recommendations
 Adopt measures and safeguards to ensure the exercise, in conditions of equality, of the
legal capacity and recognition before the law of persons with disabilities, including in
cases of drugs treatment, mandatory medical treatment and any other actions that have a
strong impact on fundamental rights and freedoms of the persons.
ABOUT THE ORGANISATIONS
The Italian Disability Forum (IDF) is an Italian not-for-profit organization and full member of the
European Disability Forum, representing the interests of Italians with disabilities. It is composed
exclusively of the national organizations of persons with disabilities and their families. Its aims are
to fight for the recognition, promotion and protection of the human rights of persons with
disabilities, as well as non-discrimination and equal opportunities. Since the establishment of
EDF, the Italian Disability Forum has participated in all EDF-sponsored initiatives and policies.
The European Disability Forum (EDF) is the independent European umbrella organisation
representing 80 million disabled Europeans, to which the Italian Disability Forum is a full member.
EDF is the only European pan-disability platform run by persons with disabilities and their families.
Created in 1996 by its member organizations, EDF ensures that decisions concerning persons with
disabilities are taken with and by persons with disabilities.
The International Disability Alliance (IDA) is a unique international network of global and regional
organisations of persons with disabilities, of which EDF is a regional member. Established in 1999,
each IDA member represents a large number of national disabled persons’ organisations (DPOs)
from around the globe, covering the whole range of disability constituencies. IDA thus represents
the collective global voice of persons with disabilities counting among the more than 1 billion
persons with disabilities worldwide, the world’s largest – and most frequently overlooked –
minority group. IDA’s mission is to advance the human rights of persons with disabilities as a
united voice of organisations of persons with disabilities utilising the Convention on the Rights of
Persons with Disabilities and other human rights instruments.