Laws for the Right to Work of Disabled People: The Italian Experience

Work: A Needed Priority

10.1093/oso/9780198824503.003.0008 ◽

2021 ◽

pp. 127-142

Author(s):

Gauthier de Beco

Keyword(s):

Supported Employment ◽

International Human Rights Law ◽

Human Rights Law ◽

Disabled People ◽

International Human Rights ◽

Employment Opportunities ◽

Gainful Employment ◽

Right To Work ◽

International Human ◽

The Right

This chapter analyses the right to work. It examines how the CRPD has come to provide for the participation of disabled people in the ‘open labour market’ and examines the various barriers that limit such participation. It also considers alternative forms of employment, including sheltered and supported employment, as well as how they relate to the new emphasis brought on the right to work by the CRPD. It subsequently focuses on the extent to which the Convention calls into question those working arrangements that ignore the complexity of human diversity. It further appraises the provision of equal employment opportunities for disabled people warning against certain limits in the consideration of employment as nothing but gainful employment in international human rights law.

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Policies based on mandatory employment quotas for disabled workers: the case of Italy

Modern Italy ◽

10.1017/mit.2019.14 ◽

2019 ◽

Vol 24 (3) ◽

pp. 295-315

Author(s):

Massimiliano Agovino ◽

Katia Marchesano ◽

Antonio Garofalo

Keyword(s):

Policy Framework ◽

Disabled People ◽

Physical Ability ◽

Right To Work ◽

Labour Costs ◽

Management Policies ◽

Training Programmes ◽

The Right ◽

Disabled Workers ◽

Positive Effect

This article examines the Italian policy framework on the employment of disabled people. It discusses the strengths and limitations of Law 68 of 12 March 1999 (Regulation on the right to work of disabled people). Despite it having been enacted 16 years after being passed, Law 68/99 still faces problems in its implementation. The data analysis shows the propensity of firms to flout their obligations with regard to the recruitment of disabled people, preferring instead the risk of being sanctioned. In order for Law 68/99 to have a positive effect on the employment of disabled people, higher incentives (including subsidies for labour costs) must be introduced for employers, especially to enable the adaptation and adjustment of the workplace. With these inducements, firms would be encouraged to recruit disabled people and avoid penalties. In addition, disability management policies (still rarely implemented in the Italian workplace) and comprehensive training programmes can play a crucial role in overcoming discriminatory constraints regarding skills and physical ability, so as to increase the employability of disabled people in the labour market.

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RIGHTS OF PERSONS WITH DISABILITIES IN THE SPHERE OF LABOR AND EMPLOYMENT IN THE NOVOSIBIRSK REGION

10.47850/rl.2021.2.2.113-120 ◽

2021 ◽

pp. 113-120

Author(s):

Ekaterina Abakumova

Keyword(s):

Russian Federation ◽

Practical Experience ◽

Disabled People ◽

Persons With Disabilities ◽

Low Level ◽

Right To Work ◽

Novosibirsk Region ◽

The Russian Federation ◽

Labour Potential ◽

The Right

The low level of employment of disabled people in the Novosibirsk region shows that in the region there is a need to develop additional legal instruments that ensure the implementation of the right to work of this category of citizens. The measures proposed in this study to increase the employment of persons with disabilities are based on the practical experience of other subjects of the Russian Federation and countries, and also take into account the peculiarities of the labour potential of persons with disabilities.

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Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

europa ethnica ◽

10.24989/0014-2492-2019-34-180 ◽

2019 ◽

Vol 76 (3-4) ◽

pp. 180-188

Author(s):

Bianca Nicla Romano

Keyword(s):

Human Rights ◽

Legal System ◽

Universal Declaration ◽

Title V ◽

Negative Consequences ◽

Real Right ◽

Right To Work ◽

The Individual ◽

The Right ◽

Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

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