Social welfare and social security legislation
The characteristics of Rare Diseases and the problems related to preventive, diagnostic, therapeutic and welfare aspects involve a considerable commitment on the part of the people involved.
This journey is accomplished with the participation of different protagonists, who should interact in the best way to achieve the desired results. So: patient, family members of the patient, health professionals, psychologists, social workers, teachers. In addition, many volunteer associations are active, dedicated to the knowledge and communication of the existence of rare diseases and the maintenance of links between patients and family members.
The information provided here is a brief guide to dealing with the vast and complex legislative subject that deals with disability, disability and rare disease. We therefore invite you to consult this section, send suggestions and report any missing laws.
School and minors
The law March 30, 1971 n.118 (in pdf format), sanctioned the right of mutilated and disabled civilians to take advantage of primary services, including the right to school. By civil and mutilated disabled we mean those affected by congenital or acquired disabilities, mental deficiencies resulting from sensory and functional defects, who have undergone a permanent reduction in work capacity of not less than a third and, in the case of minors under 18, who have persistent difficulties in performing the tasks and functions of their age.
The articles related to the school are:
Article. n. 28 "Measures for school attendance" : ensures free transport from home to the school or course, access to the school and in the event of serious disability, assistance during school hours is guaranteed
Article. n. 29 "School organization in hospitalization and recovery centers" : only concerns cases of ascertained impossibility to attend public schools and provides for the establishment of classes separate from the school and the use of special teachers
Article. n. 30 "Exemption from tuition and university fees" : guarantees the families of the disabled, in difficult economic conditions, the exemption from school fees and all other taxes.
The Law of 4 August 1977 n. 517 (in pdf format), represents the most important reference point for the recognition of the right to attend public schools common to all, from the handicapped and disabled. This partly leads to the overcoming of the conception of the organized school on the principle of selection which, leading to the establishment of "special" classes or schools, has transformed the concept of selection into the opposite of that of integration. As part of its activities, for example, the school must implement forms of integration with the provision of specialized teachers.
Specifically to articles n. 2 and n. 7 states: "The necessary specialist integration, the socio-psycho-pedagogical service and particular forms of support must be ensured according to the respective competences of the State and local authorities."
The Framework Law February 5, 1992 No. 104 (in pdf format) for assistance, social integration and the rights of people with disabilities dictates the general principles of the law on the subject of family, school, work and society.
The articles of the law dedicated to the school are many and very thorough:
Article. n.12 "Right to Education and Education" : in its 10 paragraphs it clarifies the objectives to be pursued from nursery to university to guarantee the right to Education
Article. n.13 "School Integration" : it specifies how essential is the coordinated planning of school services with health, social-assistance, cultural, recreational and sports services
Article. n.14 "Methods for implementing the integration" : it deals with the training and updating of the teaching staff assigned to follow the disabled students
Article. n. 15 "Working groups for school integration" : defines the composition of the work groups that collaborate in educational and integration initiatives
Article. n.16 "Performance evaluation and examination tests" : it is about how to evaluate handicapped pupils from compulsory school to university
Article. n. 17 "Professional Training" : clarifies in its various paragraphs how insertion in vocational training centers and in their respective courses must take place, for disabled people not able to attend normal courses
The law n. 9, January 20, 1999 prepares the urgent provisions for raising the compulsory education from 8 to 10 years, thus raising the mandatory limit from 14 to 16 years of age.
In the article n. 1, point 9 states: " The provisions on the subject of school integration in compulsory education applicable at the date of entry into force of this law are applied to handicapped students. "
The framework law n. 328, 8 November 2000 (in pdf format) which deals with the " Realization of the integrated system of interventions and social services " states in art. n. 14 "Individual projects for disabled people" that, in order to achieve the full integration of disabled people in family and social life as well as in school or professional education and work, municipalities in agreement with the companies of health units local, arrange, at the request of the interested party, an individual project, as established in paragraph 2.
To the art. n.16 "Enhancement and support of family responsibilities" the law says that this integrated system recognizes and supports the particular role of families in training and personal care, in the promotion of well-being etc., and ensures an active participation role with levels essential social benefits payable in the national territory.
The law n. 4, January 10, 2004: "Provisions to facilitate the access of people with disabilities to IT tools", states that these provisions apply to all training and educational material used in schools of all levels and establishes that the agreements stipulated between Ministry of Education, University and Research and the associations of publishers for the supply of books to school libraries always provide for the supply of digital copies of fundamental educational tools, accessible to disabled students and support teachers, in the scope of budget availability.
The Ministerial Decree n. 239, April 20, 2006 (in pdf format), replaces article 4 of ministerial decree n. 507, 11 December 1997 which indicated the subjects entitled to free and free admission to cultural institutes and places, namely: monuments, museums, galleries, excavations of antiquities, parks and monumental gardens. The new decree has extended the right of free entry to disabled people. In particular, it states that free admission is reserved for European Union citizens who are "disabled and to a family member or other carer who demonstrates their membership in social and health care services".
The first law to deal with problems relating to work, for civilian disabled and mutilated is Law March 30, 1971 n.118 (in pdf format).
Article. n. 23 "Professional training, qualification and re-qualification, protected work and provisions for social life" : states that there is a special management by the Ministry of Labor and Social Security which admits the disabled and civil invalids for the use of guidance, professional training, qualification and retraining. The positions to be assigned in the professional training courses are determined at the request of the provincial labor offices and of maximum employment.
Article. n. 24 "Course attendance allowance" : provides for a daily attendance allowance for disabled and civil disabled people who attend the courses, even if they already receive unemployment benefits.
Article. n. 25 "Protected work systems" : ensures that the Ministry of Labor and the Ministry of Health promote the initiatives and measures necessary to implement protected work systems for special categories of invalids.
Article. n. 26 "Treatment leave" : grants disabled and disabled civilians with a recognized reduction in work capacity of not less than two thirds, an extraordinary annual leave, not exceeding thirty days and with the doctor's authorization.
In the Framework Law February 5, 1992 No. 104 (in pdf format), several articles are reserved for the right to work of disabled people:
Article. n. 18 dictates the principles for "Work integration" . Here the establishment in each region of a register of institutions, institutions, social cooperatives, labor, services, guided work centers, associations and voluntary organizations that carry out activities suitable for favoring integration and integration is announced. working of the disabled.
Article. n. 19 "Persons entitled to compulsory placement" : including persons with mental disabilities within the group to be considered for employment purposes.
Article. n. 20 "Exam tests in public competitions and for professional qualifications" : clarifies the benefits to which a person with a specific disability is entitled, such as the need for additional time to take an exam.
Article. n. 21 is the "Priority in the assignment of headquarters" : for the disabled, in recruitment to public bodies.
Article. 22 "Checks for the purposes of public and private work" : establishes for the disabled the non-necessity of the certificate of sound and solid constitution for the application for employment.
The law n. 68, March 12, 1999 (in pdf format), entitled " Rules for the right to work of the disabled " has as its purpose the promotion of the insertion and labor integration of disabled people in the world of work, through support and placement services targeted. Applies:
- to people of working age suffering from physical, mental or sensory impairments and those with intellectual disabilities
- to work-impaired people
- to blind or deaf people
- to civilian and service war disabled people
There is also the DPR n.333 dated 10 October 2000 (in pdf format), with which the execution Regulation is issued for the implementation of the law 12 March 1999 n. 68 on the rules for the right to work of the disabled.
Article. n. 1 specifies those entitled to be included in the lists and in paragraph 1 it cites: "Disabled persons" referring to the previous definition given by law n. 68.
Article. n. 9 speaks of the rankings and states that those of art. 8 of the law n. 68 the art. n. 10 specifies the "Agreements between private employers, social cooperatives or disabled professionals and competent service".
The regional law of Piedmont n. August 29, 2000 " Regional fund for the employment of disabled people " (in pdf format), sets up a Fund specifically for the financing of the regional job placement program for disabled people and the related support services and targeted placement.
Parents and disabled children
The law n. 176, 27 May 1991 (in pdf format), guarantees the full and complete execution of the convention on the rights of the child, made in New York on 20 November 1989.
Article. n. 1 of the law says that the convention means for child every human being of less than 18 years of age, unless he has reached maturity beforehand by virtue of the applicable legislation.
Article. n. 23 enshrines, in its 4 paragraphs, the right of mentally or physically handicapped children to lead a full and decent life, in conditions that guarantee dignity, foster their autonomy and facilitate their active participation in the life of the community. It also affirms that the States belonging to the convention recognize to these subjects the right to benefit from special care and guarantee, in consideration of the available resources, the granting of an adequate financial aid. However, this aid is designed so that the child has effective access to education, training, health care, rehabilitation, preparation for work and recreational activities.
The Framework Law 5 February, 1992 n.104 (in pdf format), in the art. n. 33 deals with "Paid permits for disabled workers in a state of gravity or family members of handicapped persons who are assisted".
Paragraph n. 1 establishes that the mother worker or, alternatively, the father worker, also adoptive, of a child with a handicap in a serious situation, are entitled to an extension of up to 2 years of the optional abstention period from work, this provided that the minor is not hospitalized full-time at specialized institutions. The severity of the handicap is assessed according to the provisions of Articles 3 and 4 of Law No. 104
Paragraph n. 2 grants the possibility for parents of disabled children to take advantage of two hours of leave per day, as an alternative to the optional extension.
The articles n.26 , n.27 and n.28 of the Framework Law 5 February, 1992 n.104 (in pdf format), deal with: "Mobility and collective transport", "Individual transport" and "Facilities for vehicles of handicapped persons ".
Article. n. 26 regulates the methods of interventions to allow disabled people mobility in the area, to be able to enjoy public transport like other citizens, with specially adapted vehicles or alternative transport.
Article. n. 27 states that local health units must contribute 20% of total expenditure to the modification of driving tools for special license holders A, B and C with permanent motor disabilities
Article. n. 28 refers to the special spaces intended by the municipalities for disabled vehicles, both in public and private car parks. To use the reserved seats it is compulsory to have the special mark on the windscreen of the vehicle.
In the Law 30 March, 1971 n.118 (in pdf format):
Article. n. 27 "Architectural barriers and public transport" states that to facilitate the relationship life of the mutilated and disabled civilians, public buildings of social interest and newly built schools must comply with the circular of the Ministry of Public Works of 15 June 1968 which concerns precisely the elimination of architectural barriers. In particular, public transport services, trams and subways must be accessible to non-ambulatory disabled people, as well as all places of entertainment, events, etc., must be accessible and guarantee a space reserved for them.
Article. n. 28 "Measures for school attendance" assures mutilated and disabled civilians not self-sufficient, free transport from home to school or to the professional training course and vice versa. It also includes facilitated access to buildings and assistance during school hours in the necessary cases.
Physical activity is extremely important for social integration, relationship life, maintaining and improving health status. The Framework Law February 5, 1992 No. 104 (in pdf format), for assistance, social integration and the rights of people with disabilities, includes articles and paragraphs concerning the performance of sporting activities.
Article. n. 7 , deals with "Care and Rehabilitation" and states that it wants to implement programs that include health and social services integrated between them, which enhance the abilities of every disabled person and act on the global situation of handicap, involving the family and the community. The "point and" of the article in question says that it is necessary for this purpose: "an adaptation of the equipment and personnel of educational, sporting, leisure and social services".
Article. n. 23 "Removal of obstacles for the exercise of sporting, tourist and recreational activities": states that the activity and practice of sports are favored without limitation and that the Minister of Health, with a decree to be issued within one year of the law , will have to define the protocols for the granting of the suitability for competitive sports to people with disabilities. It then delegates the regions, the municipalities and the International Olympic Committee (CONI) to the elimination of the architectural barriers of the plants in order to make accessible and usable the sports facilities on the part of disabled people.
The Ministerial Decree n. 64, 4 March 1993 (in pdf format), concerns the "Determination of the protocols for granting competitive sports to disabled people".
Article. n. 1 decrees that disabled persons who practice competitive sports must undergo the periodic check of specific fitness for the sport they are performing and that they intend to play. In the following 8 articles it is specified who must ascertain the suitability for competitive sports activities, the certificates of suitability that will be issued, their duration, and other issues of relative interest.
The law n. 162, May 21, 1998 (in pdf format), concerning support measures for people with severe handicaps, makes changes to the law n. 104 of 1992.
With the law n.189 July 15th 2003 (in pdf format) " Rules for the promotion of the practice of sport by disabled people ", the Italian Paralympic Committee is established, an institution that does not only prepare the competitive teams involved in participating in the Championships and events on the international calendar sanctioned by the International Paralympic Commettee.
With the decree of the Presidency of the Council of Ministers on 8 April 2004, the social value of the organization that aims to guarantee the right to sport in all its expressions is in fact recognized "by promoting the maximum diffusion of the sporting practice for disabled people in every band of age and population ". This is so that each disabled person has the opportunity to improve their own well-being and to find the right dimension in civil life through sport as a means of recovery, of cultural and physical growth, as well as education of the disabled and non-disabled individual.
Assessment and recognition
The assessment of the handicap is dealt with by the Framework Law 5 February, 1992 n.104 (in pdf format):
Article. n. 3 states that the disabled person is entitled to the benefits established in his favor
Article. n. 4 says that the assessments relating to the disability, the difficulty, the need for permanent care and the residual individual complexity are carried out by the local health units (ASL) through the medical commissions, which are supplemented by a social worker and an expert in service at the health units. The request for ascertaining the handicap must be drawn up on a special form which can be found at the invalid office of the ASL where a medical certificate must be added.
If the condition of severe handicap is recognized, you will be able to take advantage of: tax deductions (income tax return), paid work permits, support for school insertion, provision of means that can help in carrying out daily activities (computer, video entry phone, fax and other technological tools), contributions for the removal of architectural barriers, contributions for the purchase or adaptation of private vehicles and the exemption from paying car tax.
For the recognition of civil invalidity the law n. 118, March 30, 1971 says that to obtain it, an application must be submitted to the invalid office of the local health authority (ASL), drawn up on special forms. Within three months from the presentation of the application the person is summoned and visited by a Medical Commission at the ASL of belonging, which issues the certification attesting the pathology and the degree of invalidity recognized. Such recognition allows for example the provision of an accompanying allowance, disability allowance or disability pension, school attendance allowance for minors, training courses, enrollment in special lists for job placement, the provision of health facilities (prostheses, oxygen ...) score for the allocation of public housing.
Personal help service and interventions in favor
In the Framework Law 5 February, 1992 n.104 (in pdf format):
Article. n. 9 states that the personal help service is aimed at citizens with severe limitation of personal autonomy that cannot be overcome through the provision of technical, IT, prosthesis or other forms of support aimed at facilitating self-sufficiency and the possibility of integrating citizens themselves, and includes interpreting services for deaf citizens. The service is integrated with the other health and social-assistance services existing in the area and can make use of the additional work of those who provide civil service, adult citizens, volunteers and voluntary organizations.
Article. n. 10 of the law says that the municipalities, provinces, ASLs etc. they can, with their ordinary budgetary resources, community housing and socio-rehabilitation centers for people with severe handicaps and organize services and benefits for the protection and social integration of those for whom family support is lacking. Institutions can contribute through specific financing to the creation and support of housing communities and social rehabilitation centers.
Care, rehabilitation and stay abroad for treatment
To ensure that the care and rehabilitation of the disabled person is realized thanks to integrated health and social services, involving both the family and the community: art. n.7 of the law n. 104/1992 (in pdf format), ensures the outpatient, home or socio-rehabilitative and educational centers, the supply and repair of equipment, equipment, prostheses and technical aids necessary for the treatment of impairments. In addition, the regions ensure complete and correct information on the services and aids available in the area, in Italy and abroad.