Skip to main content
The ANED logo

The Academic Network of European Disability Experts (ANED)

DOTCOM: the Disability Online Tool of the Commission

Skip to search options

Italy

A. UN Convention status

A1. Ratification or conclusion of the UN Convention

Italy signed the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol (CRPD) on 30 March 2007. The Italian Parliament passed the law authorising ratification of the CRPD in March 2009 and the CRPD was ratified on 15 May 2009.

Links

Update date: Mon, 2012-05-28

A2. Ratification or accession to the Optional Protocol

The Optional Protocol was ratified simultaneously with the ratification of the Convention on 15 May 2009 and the Institution of a National Observatory on the conditions of persons with disability established by article 3 of the law 18/2009.

Links

Update date: Mon, 2012-05-28

A3. Declarations, Reservations and Objections

No Declarations or Reservations were entered.

Links

Update date: Mon, 2012-05-28

A4. Comprehensive review

We do not yet have information for this item

Update date: Fri, 2012-03-23

A5. Focal point

Directorate-General for Inclusion, Social Rights and Social Responsibility, Ministry of Labour and Social Policies.

Links

Update date: Mon, 2012-05-28

A6. Coordination mechanism

The Directorate-General for Inclusion, Social Rights and Social Responsibility of the Ministry of Labour and Social Policies acts with the other ministries, regional and local authorities.

Update date: Mon, 2012-05-28

A7. Independent mechanism

The National Observatory on the Status of Persons with Disabilities is a body set up under Article 3 of Law 3 March 2009 n. 18 and chaired by the Minister of Labour and Social Policy. The Rules of the Observatory are governed by the Inter-Ministerial Decree of 6 July 2010 n. 167, published in the Official Gazette no. 236 of 8 October 2010. This body will last for three years from 23 October 2010.

Within the National Observatory on the Status of Persons with Disabilities a Scientific Committee for data analysis and research in relation to the activities and the tasks of the Observatory has been established. The committee is composed of one representative of the Ministry of Labour and one from the Ministry of Health, a representative from one of the regions and local governments, two representatives of the most representative associations of people with disabilities and three experts from the Observatory.

Links

Update date: Mon, 2012-05-28

A8. Official reporting

Italy's initial state report was due in June 2011 and was submitted to the UN in January 2013.

Links

Update date: Wed, 2017-08-09

A9. Shadow reporting

The Federazione Italiana per il Superamento dell'Handicap (FISH, the Italian federation to overcome handicap) worked on a shadow report on the condition of persons with disability in Italy that has not been officially submitted to the UN Committee. A project to collect data and develop monitoring indicators for the CRPD was conducted and two reports published in 2009-10 as a step towards a voluntary sector shadow report.

Links

Update date: Wed, 2017-08-09

B. General legal framework

B1. Anti-discrimination legislation

The law 67 /2006 not only establishes the right of disabled people not to be discriminated against, but provides that the court may prohibit an act or behavior that discriminates. If the ordinances of the judges are not met, the legislation provides for prosecution against the defaulting party. Anyone who is discriminated against by a private or public administration may, therefore, present an application at the Registry of the Civil Court: the judge may also request compensation for damages. If, after appropriate investigation, the judge finds discrimination has taken place, he may order its cessation or, if it is impossible to eliminate with a single act, provides for the adoption of a plan for the removal of discrimination within a specified period. For example, if the judge finds that a number of train stations cannot be used by disabled customers he may decide to set out a plan to change them.

Links

Update date: Mon, 2012-05-28

B2. Recognition of legal capacity

The most important piece of legislation for people with disabilities in regard to their legal capacity is Law 6/2004, which regulates the institution of support administrator. This law introduced many important changes to the social and legal image of people with disabilities. The rationale behind the law is to ensure greater freedom for the beneficiaries and to minimise the number of interdiction cases. In carrying out the duties of their office, support administrators must take into account ‘the needs and aspirations of the beneficiary’.

Links

Update date: Mon, 2012-05-28

B3. Accessibility of voting and elections

In Italy there are clear rules to facilitate the exercise of the right of voting for persons with disabilities. The opportunity to exercise their right to vote to voters who are blind or with a physical impairment that prevents the use of hands, is guaranteed through the practice of assisted voting. Since 2009, the law also provides for the establishment of the practice of voting at home for all people who cannot be transported to the polling. According to Law 15 January 1991, n. 15 if polling stations are not accessible, voters may use another accessible polling place in the constituency. In this instance, voters have to show a voting certificate and a medical certificate or a certified copy of a special driver's licence.

This law provides that during elections the municipalities organise public transport services to make it easier for disabled voters to reach polling stations.

Patients in hospitals and nursing homes may be eligible to vote where they are hospitalised.

Article 11 Law 180/1978 of 13.05.1978 removed restrictions to the voting rights of people in psychiatric institutions and those seen as having limited mental capacity.

However, persons with mental disability cannot be assisted in voting; they should exercise their right to vote without any assistance.

Links

Update date: Mon, 2012-05-28

B4. Official recognition of sign language

The recognition of sign language is provided by draft law No. 4207, on ‘Measures to promote the full participation of deaf people to community life and recognition of Italian Sign Language.’

On 16 March 2011, the Constitutional Affairs Committee of the Senate unanimously approved the unified text of the draft law; now the law has to be approved by the Commission of Social Affairs of the Chamber of deputies to become effective.

Links

Update date: Mon, 2012-05-28

B5. National disability strategy and action plan

We do not yet have information for this item

Update date: Tue, 2013-08-13

C. Accessibility

C1. Transport accessibility

The DPR, Decree of the Republic President, n. 503 of 24 July 1996 provides that the means of public transport: tramways, trolley buses, bus lines, subways, trains, stations, railways, shipping services, air terminals should be equipped with walkways, ramps or other suitable elevation equipment in order to facilitate access by wheelchair for people with mobility impairment.

Links

Update date: Mon, 2012-05-28

C2. Built environment accessibility

Some laws guarantee the right to access in public environments. The most important are: the Decree 114 of the Ministry for Arts and Culture of 16 May 2008 that contains guidelines for the elimination of architectural barriers in places of cultural interest; Law n. 41 of 28 February 1986 (Finance Act 1986) that requires local authorities, the State and Regional Offices to adopt plans for the removal of architectural barriers and to allocate part of their annual budget for this purpose; the Presidential Decree No. 503 of 24 July 1996 that regulates the removal of architectural barriers in public buildings with particular reference to accessibility of services and Law n. 104 of 5 February 1992, where some paragraphs of this general law deal specifically with architectural barriers, introducing respect for accessibility in different fields (health care, education, training, employment, transport, justice, etc.). People with disabilities may not be excluded from entitlement to services, benefits and opportunities normally enjoyed by every citizen.

Links

Update date: Mon, 2012-05-28

C3. ICT and Web accessibility

The law 9 January 2004 n.4, named the Stanca Act, is inspired by article 3 of Italian Constitution, that establishes that the Republic has the responsibility to remove those obstacles of an economic and social nature which limiting the freedom and equality of citizens, prevent full individual development and the effective participation of all workers in the political, economic and social organization of the country. The Stanca Act is aimed at breaking down the ‘virtual barriers’ that limit the access of disabled persons in society and exclude them from the possibility to access web sites of Public Administration. The law ensures accessibility to all sites and IT applications of Public Administration. It was published in the Official Gazette no. 13 of 17 January 2004 and Law 9 January 2004, n. 4 ‘Measures to facilitate the access to ICT for disabled people’

Links

Update date: Mon, 2012-05-28

D. Independent living

D1. Choice of living arrangements

Law 18 of 2009 Articles 18 and 19 defines explicitly the right of freedom of choice for people with disabilities with respect to where and how to live and with whom.

Links

Update date: Mon, 2012-05-28

D2. De-institutionalisation

The Law 180 of 13 May 1978 is the first and only framework law that has regulated the closure of asylums, and has governed the practice of mandatory medical treatment, establishing public mental health services. Law 180 had the aim of modernising the clinical setting of psychiatric care, by promoting new relationships with mental health professionals and the local community, recognising full rights and the need for the quality life of patients in the care of local mental health facilities.

Links

Update date: Mon, 2012-05-28

D3. Quality of social services

We do not yet have information for this item

Update date: Mon, 2012-05-28

D4. Provision of assistive devices at home

Provision of aids is a responsibility of Local Health Authorities (ASL). Specific devices are assigned following a medical assessment by a physiatrist, orthopedic physician, neurologist, for example, who assigns specific device (an electric wheelchair to move independently, a lift bathroom for personal hygiene or an alphabetic communicator for interpersonal communication, etc.). The cost of assistive technologies is determined by the State, through the Tariff Nomenclature, extended to all the Italian regions.

Normally, the ASL provides the finance for the basic version of the device (e.g.: ASL pays for a mobile lift, rather than a complete lift system). Costs exceeding the contribution, are paid directly by the disabled person, who can require reimbursement from Municipality or the State, under the law n.13/89, which promotes the removal of architectural barriers inside ones home.

Links

Update date: Mon, 2012-05-28

D5. Availability of personal assistance schemes

The law 104/92 in the article regarding the inclusion and social integration of people with disabilities includes the availability of personal assistance services. Those services are set up by Municipalities or Local Health Authorities within their ordinary budget for people in temporary or permanent serious limitation of personal autonomy not to be overcome through the provision of technical aids or other form of support and are addressed to facilitate self-sufficiency and the possibility of integration of citizens including interpreting services for deaf people.

Law 162/98 in order to guarantee the right for independent living for people with permanent disability and severe restrictions of personal autonomy, in the performance of one or more essential functions, governs the procedures for implementation of programs of personal assistance, managed by the disabled person (indirect assistance), through personalized plans for individuals who request them with the supervision of services provided and their effectiveness.

Links

Update date: Mon, 2012-05-28

D6. Income maintenance

The Minimum Insertion Income (RMI: Reddito Minimo di Inserimento) introduced by Legislative Decree n. 237/98 on experimental basis in certain areas, is a measure to fight poverty and social exclusion by supporting economic and social conditions of people at risk of social marginalization and unable to provide maintenance for themselves and their children for mental or physical disabilities. The law 328/2000 extended the institution of the RMI as a general measure to fight poverty connected with other income support interventions.

Links

Update date: Mon, 2012-05-28

D7. Additional costs

We do not yet have information for this item

Update date: Fri, 2012-03-23

D8. Retirement income

The law n. 118/71 states that, after a medical diagnosis that certifies total incapacity for work, a civilian disabled who are older than 18 years is granted a disability pension for thirteen months a year.

For civilian disabled aged from eighteenth to sixtyfour years when there is an evidence of reduced earning capacity, equal to or greater than 74 percent, who are not employed at the time when that condition exists, is granted by the State, a monthly allowance for thirteen months a year.

Civilian disabled, aged under eighteen who are recognized persons with a complete motor impairment by the health commission, provided by law n. 118/71, and who are attending school or training programs or outpatient centers and are not admitted in hospital, shall be paid for each year of attendance, an accompaniment grant for thirteen months.

The law n. 382/70 provides rules on pensions for blind persons and the law n. 33/80 the monthly assistance for deaf persons; in Article 1 of Law 26 May of 1970 n. 381, this pensions are defined ‘not reversible pension’.

Law n. 18/80 assigns, to civilian totally disabled with physical or psychological impairments as stated in Articles 2 and 12 of Law 30 March 1971, n. 118, assessed by Special Medical Boards, as person impaired in walking without the permanent help of an assistant and in carrying daily tasks of life, without support, an accompaniment allowance, non-reversible, paid entirely by the state for 12 months. The law n. 508/88, specifies that the accompaniment allowance is granted also to blind persons people and confirm that it is granted for persons with limited mobility and for persons in need of continued assistance.

Links

Update date: Mon, 2012-05-28

E. Education

E1. Special schools

In Italy there is a very advanced legislation for the inclusion of pupils with disability in mainstream school system, but there are still some special schools for the blind and for the deaf in Italy, the former without any pupils, the latter with very few pupils. There are still some non-State schools for the deaf and for the intellectually handicapped. A few thousands of pupils still attend special schools, very few of these also sleep at the special institutes.

Links

Update date: Mon, 2012-05-28

E2. Mainstream schools

Article 12 of Law 104/92 states that all pupils with special needs, including those with severe disabilities, have the right to attend mainstream schools at all levels (kindergartens and primary, lower and upper secondary schools). There is also a guaranteed right to inclusion in child care and university.

Law 104/92 states that for pupils with disabilities a diversified Individualised Education Plan (IEP) for each pupil is established, in accordance with educational goals that are designed to match the abilities, skills and potential of pupils with disabilities. The IEP is drawn up in cooperation with schools, local health units and the pupil’s family, and includes didactic, rehabilitative, social and welfare aspects intended to provide a comprehensive plan for the pupil with disabilities. The IEP is the official document for the pupil’s inclusion in mainstream education, serving as a basis for mainstream and specialist teachers to design an education plan tailored to the pupil’s needs and abilities.

Law 62/2000 states that 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 they need intensive support.

Article 9 of Presidential Decree 122/2009 states that if the class council (composed of teachers of the different subjects and the support teacher), finds that the pupil has achieved learning levels that meet or are comparable with the goals set by ministerial programmes, the pupil has to be assessed using the same system applied to other pupils. If the pupil does not reach these goals, the class council has to evaluate the pupil’s learning performance in accordance with the aims set out in the IEP. In this instance, the student will obtain a certificate of attendance rather than a school diploma, and a certificate of training credits that is also valid for access to integrated education and further training.

Links

Update date: Mon, 2012-05-28

E3. Sign language and Braille in school

We do not yet have information for this item

Update date: Fri, 2012-03-23

E4. Vocational training

We do not yet have information for this item

Update date: Fri, 2012-03-23

E5. Higher education

We do not yet have information for this item

Update date: Fri, 2012-03-23

F. Employment

F1. Non-discrimination in employment

Law 68/99 on the right to employment for people with disabilities (Norme per il diritto al lavoro dei disabili), promotes work placement and work integration of people with disabilities by supporting services and targeted employment. Law 68/99 structures new rules based on the principle of placement of people with disabilities which respects their working capacities without penalising the employing company.

Article 18 specifies that companies with more than 15 employees must employ workers with disabilities in accordance with a quota system (companies with 16 to 35 workers must employ 1 person with disabilities, companies with up to 50 workers, 2 people with disabilities, and with more than 50 workers, a number of people with disabilities equivalent to 7% of the total number of employees). Law 68/99 makes provision for an annual fund of EUR 31 million to: subsidise exemption of companies from social security contributions of up to 100% and over up to eight years, in proportion to the level of disability of the workers to be employed; partially reimburse expenses incurred for adaptation of the work environment; and to finance activities aimed to support work placement. Otherwise, the provincial labour directorate makes provision for sanctions (Article 15). These financial penalties contribute to the regional fund for targeted placement, and finance employment inclusion projects. Those responsible for public administration that do not respect the law are also subject to penal sanctions.

In the years since the introduction of Law 68/99, all the Italian regions have issued regional decree laws on work placement.

Italy adopted European Union Directive 2000/78/CE, establishing a general framework for equal treatment in occupation and employment through Legislative Decree n.216 of 9 July 2003.

Links

Update date: Mon, 2012-05-28

F2. Public employment services

We do not yet have information for this item

Update date: Fri, 2012-03-23

F3. Workplace adaptations

Employers who hire people with disabilities can get refunds by the Municipality or the State for any changes made to the location of work or for expenses incurred for the purchase of specific equipment, under law n .13 of 9 January 1989 or n.68 of 12 March 1999.

Links

Update date: Mon, 2012-05-28

F4. Financial incentives

We do not yet have information for this item

Update date: Fri, 2012-03-23

G. Statistics and data collection

G1. Official research

In Italy, statistical data concerning people with disabilities and employment were updated in 2005. These data have been collected and elaborated in the project ‘Sistema di Informazione Statistica sulla Disabilità’. Those living in residential care are not included. The Survey on Health conditions and use of health services enables a deeper analysis on the conditions of people with different types of impairment. Promoted by ‘Ministero della Solidarietà Sociale’ (Ministry of Welfare) and realised by ISTAT (The National Institute of Statistics), the ‘Disability in Figures’ website provides statistical data.

Links

Update date: Mon, 2012-05-28

G2. Census data

In May 2010 a complete report with data on disability was published by ISTAT, National Institute of Statistics. Data were collected in 2004-2005.

Links

Update date: Mon, 2012-05-28

G3. Labour Force Survey

We do not yet have information for this item

Update date: Fri, 2012-03-23

G4. Disability equality indicators

We do not yet have information for this item

Update date: Fri, 2012-03-23

H. Awareness and external action

H1. Awareness raising programs

We do not yet have information for this item

Update date: Fri, 2012-03-23

H2. Training for teachers

We do not yet have information for this item

Update date: Fri, 2012-03-23

H3. Training for lawyers

We do not yet have information for this item

Update date: Fri, 2012-03-23

H4. Training for doctors

We do not yet have information for this item

Update date: Fri, 2012-03-23

H5. Training for engineers

We do not yet have information for this item

Update date: Fri, 2012-03-23

H6. International development aid

We do not yet have information for this item

Update date: Fri, 2012-03-23

Search the database

Countries
( | )
Themes
(|)
Result view type