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Social and professional inclusion of people with disabilities in Italy

ISABELLA MENICHINI
MINISTRY OF LABOUR AND SOCIAL AFFAIRS (Unit for Family, Ageing and Disability)

Social and professional inclusion of people with disabilities in Italy

LEGAL FRAMEWORK OPPORTUNITIES

HOW MANY PEOPLE WITH DISABILITIES IN ITALY?

IN FAMILY
2,600,000 people =5% of population over 6 years old

in residential care homes

170,000 people in socialrehabilitative and educational homes

HOW MANY PEOPLE WITH DISABILITIES IN ITALY?

.People with disabilities over 6 years old, living in the family - Year 1999-2000

AGE Male Female Total source: ISTAT,.

6-14 15-24 25-44 45-64 65-74 40 40 80 27 32 59 81 82 163 153 209 362 204 323 527

75 + 389 1.035 1.424

Total 894 1.721 2.615

HOW MANY PEOPLE WITH DISABILITIES IN ITALY?

2 MILLION ARE AGEING PEOPLE 1,700,000 FEMALE 900,000 MALE

HOW MANY PEOPLE WITH DISABILITIES IN ITALY?

Almost 7 million people live with a mild disability and have at least one difficulty in carrying out their daily activities = 13% of population over 6 years old

HOW MANY PEOPLE WITH DISABILITIES IN ITALY?

555,000 PEOPLE OF WORKING AGE HAVE

DISABILITIES

(15-64 YEARS ) 17,4% OF THEM WORK

INTRODUCTION
According to the international legal framework the UN Standard Rules (1993), the Recommendation R/92 of the Council of Europe, European Union regulations Since many years, Italy has greatly enhanced its efforts in the field of disability with a view to setting up a coherent policy for the integration of persons with disabilities, respecting human rights, fundamental freedoms and dignity of the individual.

INTRODUCTION
GENERAL PRINCIPLES Human dignity, Access, Independent living, Active participation in the life of the community Equal employment opportunities Integration of people with disabilities into working life

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FULL CITIZENSHIP

INTRODUCTION
The integration and co-ordination system .

- Integration of public policies and of the interventions has been the guide-line of Italian Governments and Institutions at all levels: central, regional, local.
- Co-ordination

of the various functions and competences at the institutional level, with the full involvement of the community, focusing the commitment on different issues such as education, employment, family, situations of serious disablement, accessibility, and new technologies.

INTRODUCTION
The integration and co-ordination system

- Policy of Equal rights and good practice has been promoted by giving greater responsibility to institutions and association

THE HOLISTIC APPROACH

Has been adopted in order to overcome the logic of the provisions warranting mere protection, with a view to developing actions likely to enhance the potential of citizens with disabilities and to sharing the disabilityrelated problems.

CONSTITUTION The first and most important recognition of the principles related to disability was affirmed in the Constitution The equality of all citizens, the right to education, the right to work. Article 38: People with disabilities have the right to education and to vocational training. .

LAW
Removal of architectural barriers

5 FEBRUARY 1992, N. 104

Families as providers of informal care Vocational training professional integration Prevention early diagnosis Treatment rehabilitation Fiscal benefit and specific allowances

Education

Assistive technology Access to information

Areas of interventio n Social integration

High level of support

5 FEBRUARY 1992, N. 104 Law for the assistance, the social integration and the rights of people with disabilities
LAW
(modified and integrated by Law 21.5 1998, n. 162)

The first coherent legal framework to develop specific programs, actions, and interventions in all fields related to the disability Recognizes the rights of citizenship and provides for services in favour of autonomy and social inclusion Recognizes the necessity of avoiding discrimination and isolation, through an holistic approach with interventions for the person with disabilities from his/her birth until his/her starting to work. .

LAW

5 FEBRUARY 1992, N. 104

It marks the passage from the welfare state to the social state, by providing specific tools to meet the needs of people with disabilities It promotes social integration by fostering in families or in social-rehabilitative and educational residential homes (i.e. comunit-alloggio, case famiglia). It fosters the participation of associations, voluntary work, noprofit sector, cooperatives and private/social organizations and social networks

LAW

5 FEBRUARY 1992, N. 104

It provides new definitions and procedures for the assessment of disability It reinforces financial resources to support assistance at home and residential homes for people with disabilities

LAW

5 FEBRUARY 1992, N. 104 SOCIAL INTEGRATION

TO ENSURE SOCIAL INTEGRATION FOR PERSONS WITH DISABILITIES :

Socio-Psyco-pedagocical programs of social and health care to develop either home care- services or home hospitalisation. Personalized home care projects for persons in need of a high level of support Organization and support for residential homes with the objective of avoiding institutionalization Fostering and inclusion in family

LAW

5 FEBRUARY 1992, N. 104 SOCIAL INTEGRATION

TO ENSURE SOCIAL INTEGRATION FOR PERSONS WITH DISABILITES :

Interventions to remove barriers, to ensure access to public and private buildings and to public transportation services Concrete actions to implement the right to information, to education and to work

20 MARZO 2000, N. 328 Law an the integration of social and care services
LAW

The first coherent legal framework to develop social and care services system, based on the definition of the levels of institutional responsibilities, the co-ordination among them, the implementation of the subsidiary principle, horizontal and vertical. It defines the role of all actors, public and private, the forms of co-ordination, the instruments to provide innovative, efficient, effective services for the community, meeting the specific needs of families and all the persons in the need of care, emphasising the importance of the participation of consumers in the process.

20 MARZO 2000, N. 328 Law an the integration of social and care services
LAW

THE NATIONAL SOCIAL POLICIES FUND It was instituted for the implementation of law 328/00. The resources are assigned to Regions taking into account the resident population. In the Regional Action Plans objectives, priorities and instruments are defined taking into account the specific needs of the communities. Al local level Authorities have the responsibility to issue the Local Action Plan in order to receive financial resources for its implementation.

20 MARZO 2000, N. 328 Law an the integration of social and care services
LAW

In the field of disability it marks further improvements in the implementation of personalized plan. It provides new services for families and for the person with disabilities. In this context, voluntary work has got an important role concerning the responsibility for some services and the promotion of some activities for its increase. Regions and local authorities have in these years provided for the realization of new policies for disability through experimental interventions, also thanks to additional resources (i.e. A fund of 50 million for projects dealing with the problematic area of Dopo di noi.

THE RIGHT TO STUDY

Italy has been witnessing a process of school integration that started off by moving beyond the concept of mere inclusion. It takes into account the needs, the abilities and the bents of the individual pupil to carry out: personalized educational syllabuses rehabilitation and socialization projects, interdisciplinary approach coordination among institutions and competences supplementary activities outside of the school

THE RIGHT TO STUDY

The integration of children with disabilities in the Italian school is a part of our education system, following the law n.104 of 1992. It is a consolidated reality supported by successful results: no one attends a different school because of his/her conditions of disability. The school integration is supported by: specialized professionals (a staff of more than 70,000 assisting the main teacher ) providing the schools with technical equipment and educational aids meeting the specific needs of each individual case.

THE RIGHT TO STUDY

Article 12 of the Law n. 104 states: It is guaranteed for all the people with disabilities, the right to
the access to the educational system at all levels, from child care services to university. The exercise of the right to education cannot be barred neither because of difficulties of learning nor for any other difficulties caused by the condition of disability. The integration at school has the aim to develop potential skills of students with disability in the field of learning, communication, relationship and socialization

THE RIGHT TO STUDY

Law .104 indicates the tools and the actions implemented by the responsible Authorities to ensure the full integration of students into the regular classes: School, health and social Authorities in co-ordination arrange personalised educational and rehabilitative projects based on the assessment of the disability profile of the student. They also plan the integration between educational and extra-educational activities. They ensure regular classes, if required, within hospitals or in care homes for students in need of high levels of support

THE RIGHT TO STUDY

Between 1995 and 2000 the number of students with disabilities doubled from 10,377 in 1995/96 to 21,330 in 1999/2000 (also as a direct consequence of the extension of the compulsory school age to 15 years). 38% of people between 15 and 44 years who have a disability, have a certificate or a degree, whilst only 14% between 45 and 64 have one. However, 15% between 15 and 44 years do not have any educational qualifications.

THE RIGHT TO STUDY

The integration at school is ensured by assistant teachers They are responsible, together with the regular teachers, of the educational activities and programs run in the classes where students with disabilities are present. Continuous Training is programmed for these assistant teachers.

THE RIGHT TO STUDY AT UNIVERSITY

Another major step forward was made in 1999 through law no. 17, that introduced a tutorship service in the universities, allowing personalized study programs and thus full integration into academic life.

THE RIGHT TO WORK

Law 12.3.1999 n.68

New cultural approach to the placement in employment based on the enhancement of the potentials of the individual, considered both as a resource and an asset Inclusion and integration into the field of work through supporting services and specific employment Focused placement in the world of labour taking into account the specific residual working capacities.

THE RIGHT TO WORK

Law 12.3.1999 n.68

A NEW SCHEME BASED ON A SYSTEM OF TERRITORIALLY INTEGRATED SERVICES THAT INFORM, SUPPORT, ACCOMPANY AND PROFITABLY PLACE THE RIGHT WORKER IN THE RIGHT EMPLOYMENT.

THE RIGHT TO WORK

The 12.3.1999 n.68 law

Beneficiaries - Employers and financial reserves - Employment services and technical committees - Ways of engagement Conventions Working relationship of people with disabilities

areas
National and regional funds

Sanctions

THE RIGHT TO WORK

The 12.3.1999 n.68 law

POLICY MIX
intensive vocational guidance employers and financial reserves job hunting incentives to the enterprises

Law 68/99

support to employment

professional training

protected work

THE RIGHT TO WORK

The 12.3.1999 n.68 law

All people with a disability in excess of 45% have the possibility, until the age of retirement, to enter their names in special lists with the competent territorial offices that then see to their industrial placement through a variety of procedures Regional and Provincial Institutions are in charge of the services for the employment of people with disabilities, and they act, together with social, health and educational services.

THE RIGHT TO WORK

The 12.3.1999 n.68 law Regions Provinces

SIL (Service for workers with disabilities integration) : Planning Implementation of provisions Monitoring of interventions Providing the access to jobs Updating lists of applicants Issuing authorisations concerning the partial relieves and the territorial compensations Finalizing agreements with employers Implementing focused employment

THE RIGHT TO WORK

The 12.3.1999 n.68 law Regions Provinces

Regional Commission for Employment Co-ordination of active work policies Technical Committee (by Provinces) Assessment of abilities Defining tools for integration Defining of specific support and tutoring project in co-ordination with other services, Orientation for employers and workers in the field of training Providing controls on the employment of people with disabilities in the workplaces.

THE RIGHT TO WORK

The 12.3.1999 n.68 law

designing and managing projects and technical proposals regarding integration in the workplace promoting initiatives to provide information and generate public awareness assessing the feasibility of individual projects in the workplace and mediating access of disabled persons

supporting and verifying each individual experience and the overall project for integration

SIL

THE RIGHT TO WORK

Law 12.3.1999 n.68 Beneficiaries people with physical, psychic, mental disabilities with a working disability higher than 45% people disabled by an industrial accident (disability higher than 33%) blind people (total blindness or very low remaining faculty) deaf (since birth or before the learning of the spoken language) Widows, orphans, refugees and other vulnerable categories

THE RIGHT TO WORK

The 12.3.1999 n.68 law Compulsory employment:

regulated by the 2.4.1968 n. 482 law replaced by the 12.3.1999 n.68 law, which also introduced important changes. Public and private employers with more than 15 employees, are subjected to compulsory employment From 15 to 35 employees From 36 to 50 employees Over 50 employees 1 working people w.d. 2 working people w. d. 7% working people w. d.

THE RIGHT TO WORK

The 12.3.1999 n.68 law Compulsory employment: Thanks to this law, all public and private employers with more than 15 employees, having already the obligation of the engagement of a specific number of people with disabilities, can however have economic reductions and technical and consulting help.

THE RIGHT TO WORK

The 12.3.1999 n.68 law Focused employment: INNOVATIVE APPROACH: PEOPLE WITH DISABILITIES CAN BE CONSIDERED AS PRODUCTIVE AS ANY OTHER WORKERS. physical, psychical and/or sensorial disabilities do not always mean a reduction of working capacity. technical and supporting tools evaluate the working abilities and find an appropriate workplace for him/her. Instruments: analysis of workplaces, supporting measures, positive actions and the solution of problems connected to environment, tools and interpersonal relationships in workplaces.

THE RIGHT TO WORK

The 12.3.1999 n.68 law AGREEMENT To define personalised project with a view to avoiding obstacles to the integration of the disabled person. Undersigned by employer, employee, SIL and other institutions involved (i.e. associations, co-operatives). Any employer may stipulate agreements with County Councils in order to regulate the operational mechanisms, regarding employment for disabled people in individual professional contexts and agreements may be adopted with social co-operatives.

THE RIGHT TO WORK

The 12.3.1999 n.68 law SURVEY CARRIED OUT BY ISTAT

18% of working persons with disabilities have taken advantage of compulsory employment for protect categories.

THE RIGHT TO WORK

The 12.3.1999 n.68 law

Business relations with workers with disabilities (art.10) Workers with disabilities have the same economical and legal treatment as all other workers, as laid down by laws and collective agreements. The employer cannot give tasks to the person with disabilities that are not suitable for his/her abilities.

THE RIGHT TO WORK

The 12.3.1999 n.68 law

DATA

98% of unemployed people with disabilities declared that they would like to work, if suitable conditions were to exist

THE RIGHT TO WORK

The 12.3.1999 n.68 law THE NATIONAL FUND: The Fund for the right to work for people with disabilities (art.13) is made available by the Ministry of Labour and of Social Policies and it is financed through the State balance every year. According to the application of the law and the use of the credited amounts, the fund issues its financial supplies to the regions. YEAR 1999 2000 2001 2002 FUNDS 20,65 million euros (40 billions lire) 31 million euros ( 60 billions lire)

THE RIGHT TO WORK

The 12.3.1999 n.68 law REGIONAL FUND

Regions create a Regional Fund for the employment of people with disabilities (art.14). It is made up of: A QUOTA OF THE NATIONAL FUND SANCTIONS FOR DEFAULTING EMPLOYERS OTHER INCOMES. The fund allocates: AIDS TO INSTITUTIONS THAT CARRY OUT SUPPORT AND
INTEGRATION ACTIVITIES FURTHER AIDS ( RATHER THAN FLAT-RATE REPAYMENTS) ANY OTHER PROVISIONS WITHIN THIS LAW

THE RIGHT TO WORK

The 12.3.1999 n.68 law

SANCTIONS
Sanctions are provided in case of default. 1. PUBLIC ADMINISTRATION: penal, administrative and disciplinary sanctions are imposed according to the laws on state employment. 2. ENTERPRISES: 60 days after the start of the obligation to engage workers with disabilities, the employer is fined 52 Euros per day (considering each day from the beginning of the obligation) and for each unemployed worker with disabilities.

THE RIGHT TO WORK

The 12.3.1999 n.68 law

DATA 347,000 people with disabilities are registered as unemployed. Almost 67,000 jobs are available while only 20,000 people with disabilities got a job. 5,161 agreements

THE RIGHT TO WORK

Law 12.3.1999 n.68 Beneficiaries

b. IV.17 Recruitments of people with disabilities according to kinds of introduction to work in different local areas (Unit: total and %).
N u m e r ic a l v a lu e N orth o rth -E a s t N orth o rth -W es e st C en e e n tr tre S ou o u th Ita ly
e : S ourc ce

% 3 ,3 4 ,7 4 7 ,5 1 7 ,4 1 6 ,6

N o m in a tiv e c a ll 4 .8 2 6 4 .0 5 8 2 .0 8 0 3 .6 8 0 1 4 .6 4 4

% 8 8 ,9 7 4 ,5 4 8 ,7 7 8 ,3 7 3 ,8

w ith c o n v e n tio n 828 1 .1 2 6 387 197 2 .5 3 8

% 1 5 ,2 2 0 ,6 9 4 ,1 1 2 ,8

T o ta l p e r area 5 .4 2 3 5 .4 4 4 4 .2 6 7 4 .6 9 7 1 9 .8 3 1

% per area 2 7 ,3 2 7 ,4 2 1 ,5 2 3 ,6 100

183 260 2 .0 2 9 820 3 .2 9 2

Is fo l, 2 0 0 1 .