Registrazione presso il Tribunale di Napoli n. 24 del 21.04.2015
9788857573915
2465-0315
Biannual
Double blind peer review
La rivista attualmente è presente nell'elenco delle riviste scientifiche per l'area 11 dell'Agenzia Nazionale di Valutazione del Sistema Universitario e della Ricerca (ANVUR) ai fini dell'Abilitazione Scientifica Nazionale.
Università della Calabria
In the essay the Authors try to explore what are the cultural roots of devaluative positions and often full of prejudices commonly traceable towards people with serious intellectual development disorders. The importance of investigating this topic is made clear by the fact that these positions are found in public opinion but also remain widespread in the scientific and professional community. The result is that not only the processes of social participation of people with severe neurodevelopmental disorders are hindered, but the research itself, clinical and rehabilitation activities suffer from limited social consideration. An essential interpretative and symbolic element for understanding the problem is the old but persistent conceptualization of intellectual disability as “absence”, “lack” of rational skills or intelligence. In the light of the most recent acquisitions of the cognitive sciences, this obsolete heritage must be radically reviewed and the value of the human condition of people with intellectual disabilities reaffirmed on a more solid basis on an ethical and scientific level.
Keywords: Intellectual disabilities; Intelligence; Mental-age; Social model of disability.
Studies on disability fill an important gap in the legal and social science literature. Scholars, lawyers and policymakers did not focus so much on the tie between disability and the different legal patterns of debarment, adult guardianship and other legal institutions which on both an explicit ground as well as implicitly, determine deprivation of personal liberty and individual rights. The author examines the historical developments leading to three opposite strategies adopted by legal orders to face disability. First of them is the tendency to isolate and control diversity providing segregation and legal declaration of inability. After the beginning of the 20th century dealing with disability implies recalling welfare state and public protection. It emerges also by the text of article 38 of Italian Constitution. As a third pattern, UN Convention on rights of people with disability (CRDP) emphasizes self-determination as a key factor. Under the light of the Convention, a new approach develops ensuring the highest protection of any individual as a person, pushing towards the goal of fulfilling at the maximum extent single paths of social relations and even political participation. The clash between these different approaches is still very harsh in western countries and it implies a deep legal knowledge of how to dismantle all the risks of coming back to discriminating schemes.
Keywords: Disability; Constitutional law; Incapacitation; Welfare State; Self-determination.
Residential services for persons with disabilities have been more and more requested to adopt protocols and procedures that operators have to respect. This request goes hand in hand with an all-embracing idea of these services, that are asked to offer every answer to persons’ needs. Services that, for this reason, are exposed to the risk of segregation. The existence of these provisions subtracts operators from any doubts and questions concerning some hard choices that should instead identify social and educational work, by definition always precarious between protection and emancipation. Restating that it is a fundamental element of the operator’s job to bring out, even on these themes, the point of view of persons with disabilities, it is necessary for operators of disability services to promote space of analysis and incisive thoughts on the process that these services are going through, keeping as reference point the UN Convention on the rights of persons with disabilities (ratified by Italy with Law 18/2009). The Convention provides that “States Parties undertake to adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention”.
Keywords: Procedures; Live/living; Segregation; Services; Disability.
Università di Ferrara, Italy
Art. 12 is the core of the Convention on the rights of persons with disabilities (CRPD): for the first time, the right of the persons with disabilities to equal recognition before the law and the related paradigm of universal legal capacity are explicitly recognized by a specific human rights treaty. This right is concerned with legal personality which consists of both the ability to bear rights and duties under law and legal capacity: its recognition is a key element in order to consider persons with disabilities properly subjects – instead of objects – of law. Requiring a correct implementation, art. 12 entails a deep analysis of how legal systems themselves enable and disable people as legal actors. In the essay, the Author first highlights some of the key issues concerning art. 12, whose interpretation is still contested in literature, especially in relation to the possibility of abolishing all the forms of substitute decision making in favor of a completely supported process. After that, she analyses the main aspects of the Italian legal instrument which better embodies the perspective of art. 12, that is the limited guardianship (amministrazione di sostegno), focusing on the roles of the actors relationally involved in the process of support as well as on some criticisms concerning both the features of the instrument and the Italian legal culture.
Keywords: Universal legal capacity; Art. 12 CRPD; Limited guardianship; Supported decision making; Equal recognition before the law.
Università degli Studi di Bergamo
The text aims to provide a reconstruction on the development and function of social rights, rights, on one hand, continue to perform their original barrier against the abuse of public power, on the other hand, become instruments of promotion of the person, for whom the enjoyment of those rights represents the indefectible prerequisite of a full unfolding of his social vocation through integration processes outlined along the dynamics of the principles of solidarity, equality and freedom. It is axiological orientation which characterizes them and prevent that the social rights are reduced to mere financially conditional rights, as demonstrated by the constitutional jurisprudence on the social rights of disabled people.
Keywords: Social rights; Equality; Liberty; Financial limits; Disability.
In Italian legislation, the Individualized Project is the instrument identified to overcome the response to a mere need for assistance and to guarantee the person with disabilities a unitary and progressive path of acquiring autonomy and development, with a view to participation and social inclusion, and respecting the freedom to make their own choices. But these conceptual aspects, all theoretically present in our legal system, also thanks to the ratification of the United Nation Convention on the rights of people with disabilities, have full sharing and concrete implementation only following an important and progressive jurisprudential work.
Keywords: Indiviudal project; Italian jurisprudence; Self-determination; Self-advocacy; Taking charge project.
Università degli Studi di Napoli
Università degli Studi di Milano-Bicocca
Università degli Studi di Milano-Bicocca
The aim of this paper is to discuss the efficacy of the welfare action commonly known as the “Personal Budget”, which stands for the development of reforms reorganizing the funds for social and health benefits, allocated directly to people with disabilities, allowing them to choose and pay for needed supports. The goal of this policy is to put people back in the center of the care process, releasing them from the passive role of “assistance receivers” in exchange for a pro-active role with broader decision-making margins. Achieving, therefore, the empowerment and the engagement of the person with disabilities, who is given full control over the structuring and quality of the supports to be received.
Keywords: Disability; Personal budget; Empowerment; Engagement.
The scope of action of the National Guarantor of the rights of persons detained or deprived of liberty derives from a set of primary rules and international Conventions. The National Guarantor, as a torture prevention independent body, monitors places of deprivation of liberty through a system of regular unannounced visits. Its mandate covers several areas where deprivation of liberty is carried out both de jure, as in criminal law, and de facto as in the area of health protection. This area of intervention of the National Guarantor refers to art. 33 of the United Nations Convention on the Rights of Persons with Disabilities, from which it derives the competence for monitoring health and social care institutions in the nationwide. The activity of the National Guarantor is based on the principle of collaboration with the Authorities of a State and is inspired by a strict obligation of confidentiality.
Keywords: National Guarantor; Health and social care institutions; Disability; Rights; Deprivation of liberty.
Università degli Studi “Suor Orsola Benincasa” di Napoli
Osservatorio Nazionale sulla condizione delle persone con disabilità
Università della Calabria