EMPOWERMENT OF PEOPLE WITH DISABILITIES
The protection of the rights of people with disabilities needs an integrated approach, which includes both medical and legal aspects.
The project of the Hub aims to overcome the lack of indicators relating to the implementation of the anti-discriminatory legislation, through a permanent Monitoring Centre.
This Centre will supervise the implementation of the legislation to develop and strengthen the advocacy activity in favor of people with disabilities.
On the other hand, The Department of Health Science will combine the clinical reality of people with physical, mental, and cognitive disabilities belonging to the ASST Santi Paolo e Carlo with the job placement programs. A tool for measuring social inclusion will be tested as well. This tool will be useful to assess the efficiency of actions and to build individualized inclusion paths.
TEAM
JURISPRUDENCE ON THE RIGHTS OF PEOPLE
WITH DISABILITIES - Year 2023.
First report from the "Permanent Legal Observatory on the Rights of People with Disabilities"
The Musa project is an initiative aimed at transforming the metropolitan area of Milan into a model of social innovation, with a particular focus on the rights of people with disabilities. In this context, a report has been developed that analyzes Italian jurisprudence concerning the rights of people with disabilities of 2023. This is a significant step to enhance the understanding and application of anti-discrimination laws in Italy and to contribute to the inclusion and legal protection of people with disabilities in the country.
The report is based on the analysis of over 800 decisions by Italian judges, providing a comprehensive overview of jurisprudential trends regarding the rights of people with disabilities. It identifies established orientations and innovations in judicial protection of these rights. This analysis will help better understand how anti-discrimination laws are applied in Italy and identify any areas where improvements or changes may be necessary.
OUR PARTNERS
WHAT DO WE DO
A TOOL TO MEASURE THE SOCIAL INCLUSION
Interview with Armando D’Agostino, associate professor of Psychiatry
The topic of disability is often connected to the one of assistance. However, the project put the focus on inclusion.
Supporting people without inclusion means treating them just like disadvantaged people, without taking care of their reintegration. The psychological and physical well-being is related to independence and the possibility of feeling equal, this is why “inclusion” is the key word.
One of the aims of the project is to facilitate the integration of people with mental disabilities in the labor market…
Today the debate about mental health is gaining attention, but not as much as needed. People don’t want to talk about it. It’s still difficult to understand that mental disability, like the physical one, needs and environmental adaptation on the workplace too. The relationship between disability and society concerns other fundamental rights, such as the right to housing and the right to health. It’s important to identify a clear path for the job placement of people with mental disabilities.
How is this job placement realized?
Every structure has its own way to operate, its habits, its contacts. Over time this has created imbalances. Consequently, the job placement changes according to the structure, both positively and negatively. The Human Hall project aims to a higher level of integration and cohesion of all the structures to get to equity.
The task aims to create a tool for measuring social inclusion. What does it mean?
It is a tool that, through a survey, aims to create an index of social inclusion for the people with mental disabilities. In order to do this, a diagnosis and the percentage of disability aren’t enough. To date in Italy there isn’t an index which measures the social inclusion (and exclusion). The aim is to use a tool developed at international level and to adapt it to the Italian context.
Why is it useful for the topic of the inclusion of people with disabilities to integrate both the medical and the juridical approach?
Because it’s important to be aware of the specific clinical characteristics and to know the needs. Then, it is crucial to know what the legislator can do. The tools that we develop don’t have to be just “technical”, they have to be useful too. And to get to this goal the legislative procedure is fundamental.
How much is important to be part of a shared project like Human Hall?
It’s combining different views and perspectives that we become richer and richer. For instance, the tool to measure the inclusion could be readapted to another environment. Then there is another aspect, the intersectional one. If we reason together, putting together several topics (for example: migrant rights, gender discrimination, mental health) in a single project, then it will be possible to create a more coherent culture about inclusion.
The topic of disability is often connected to the one of assistance. However, the project put the focus on inclusion.
Supporting people without inclusion means treating them just like disadvantaged people, without taking care of their reintegration. The psychological and physical well-being is related to independence and the possibility of feeling equal, this is why “inclusion” is the key word.
One of the aims of the project is to facilitate the integration of people with mental disabilities in the labor market…
Today the debate about mental health is gaining attention, but not as much as needed. People don’t want to talk about it. It’s still difficult to understand that mental disability, like the physical one, needs and environmental adaptation on the workplace too. The relationship between disability and society concerns other fundamental rights, such as the right to housing and the right to health. It’s important to identify a clear path for the job placement of people with mental disabilities.
How is this job placement realized?
Every structure has its own way to operate, its habits, its contacts. Over time this has created imbalances. Consequently, the job placement changes according to the structure, both positively and negatively. The Human Hall project aims to a higher level of integration and cohesion of all the structures to get to equity.
The task aims to create a tool for measuring social inclusion. What does it mean?
It is a tool that, through a survey, aims to create an index of social inclusion for the people with mental disabilities. In order to do this, a diagnosis and the percentage of disability aren’t enough. To date in Italy there isn’t an index which measures the social inclusion (and exclusion). The aim is to use a tool developed at international level and to adapt it to the Italian context.
Why is it useful for the topic of the inclusion of people with disabilities to integrate both the medical and the juridical approach?
Because it’s important to be aware of the specific clinical characteristics and to know the needs. Then, it is crucial to know what the legislator can do. The tools that we develop don’t have to be just “technical”, they have to be useful too. And to get to this goal the legislative procedure is fundamental.
How much is important to be part of a shared project like Human Hall?
It’s combining different views and perspectives that we become richer and richer. For instance, the tool to measure the inclusion could be readapted to another environment. Then there is another aspect, the intersectional one. If we reason together, putting together several topics (for example: migrant rights, gender discrimination, mental health) in a single project, then it will be possible to create a more coherent culture about inclusion.
INITIATIVES
INCLUSION AND DISCRIMINATION
Interview with Giuseppe Arconzo, rector’s delegate for disability and associate professor of Constitutional Law
Why are the concepts of discrimination and inclusion connected?
In our culture there is the idea that people with disabilities must be protected. That’s not true: they are right holders like everyone else. The society doesn’t have to protect them, the society must ensure them these rights. Protection is welfarism. Protection of rights is equality.
Why the need of a permanent Monitoring Centre on the anti-discriminatory legislation?
There is a lack of data, and the few that we have are disaggregated. For instance: is this legislation really implemented? We will never know, if we don’t have the number of people who turn to the court for having recognized their rights. This, because we don’t know how the law answers to these instances. From this point of view the request comes from the associations too: in the absence of data is difficult for them to identify the intervention needed.
What are the aims of the Monitoring Centre?
In this case data are the judgments, and they are the starting point of the analysis. Collection and cataloguing are just the first steps, useful to understand both why people with disabilities turn to the court and the judges’ reasons. These are all elements that will help the public opinion to identify strengths and weaknesses of the legislation, giving them the chance to make proposals to amend.
To whom is it addressed?
The Monitoring Centre is a store of knowledge open to everyone: citizens, associations, jurists. Everyone who deals with the topic of rights of people with disabilities can use it. The chance to have a clear picture of the judgments is a turning point.
Why is important to be a part of such a broad and organic project like Musa?
The idea of a hub is significant: it’s no longer possible to develop an analysis considering just one single discriminatory factor at a time. The picture changes if we are speaking about under -18s with disabilities or foreigners with disabilities. An integrated view allows us to get all the peculiarities.
Why are the concepts of discrimination and inclusion connected?
In our culture there is the idea that people with disabilities must be protected. That’s not true: they are right holders like everyone else. The society doesn’t have to protect them, the society must ensure them these rights. Protection is welfarism. Protection of rights is equality.
Why the need of a permanent Monitoring Centre on the anti-discriminatory legislation?
There is a lack of data, and the few that we have are disaggregated. For instance: is this legislation really implemented? We will never know, if we don’t have the number of people who turn to the court for having recognized their rights. This, because we don’t know how the law answers to these instances. From this point of view the request comes from the associations too: in the absence of data is difficult for them to identify the intervention needed.
What are the aims of the Monitoring Centre?
In this case data are the judgments, and they are the starting point of the analysis. Collection and cataloguing are just the first steps, useful to understand both why people with disabilities turn to the court and the judges’ reasons. These are all elements that will help the public opinion to identify strengths and weaknesses of the legislation, giving them the chance to make proposals to amend.
To whom is it addressed?
The Monitoring Centre is a store of knowledge open to everyone: citizens, associations, jurists. Everyone who deals with the topic of rights of people with disabilities can use it. The chance to have a clear picture of the judgments is a turning point.
Why is important to be a part of such a broad and organic project like Musa?
The idea of a hub is significant: it’s no longer possible to develop an analysis considering just one single discriminatory factor at a time. The picture changes if we are speaking about under -18s with disabilities or foreigners with disabilities. An integrated view allows us to get all the peculiarities.
Giuseppe Arconzo, Maria Paola Canevini, Armando D’Agostino, Stefano Bissaro
