7. The Legal Obligation for Reasonable Accommodation

Author(s):  
Delia Ferri

Italy was among the first countries to sign the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, and ratified it in 2009 by Law 18/2009. Since then, the Convention has displayed significant influence on case law, and provoked a degree of judicial activism. This chapter provides an overview of how Italian courts have used and interpreted the CRPD. It highlights how Italian lower and higher courts, including the Constitutional Court and the Court of Cassation, have attempted to overcome the gap between domestic law and the CRPD, by ‘rethinking’ legal concepts in light of the Convention. This is evident with regards to the field of legal capacity and the domestic provisions of the civil code on the ‘administration of support’, but also to non-discrimination legislation, the scope of which has been evidently enlarged to encompass the failure to provide reasonable accommodation as a form of indirect discrimination.


Biology ◽  
2021 ◽  
Vol 10 (8) ◽  
pp. 693
Author(s):  
Danilo Russo ◽  
Valeria B. Salinas-Ramos ◽  
Luca Cistrone ◽  
Sonia Smeraldo ◽  
Luciano Bosso ◽  
...  

Bats show responses to anthropogenic stressors linked to changes in other ecosystem components such as insects, and as K-selected mammals, exhibit fast population declines. This speciose, widespread mammal group shows an impressive trophic diversity and provides key ecosystem services. For these and other reasons, bats might act as suitable bioindicators in many environmental contexts. However, few studies have explicitly tested this potential, and in some cases, stating that bats are useful bioindicators more closely resembles a slogan to support conservation than a well-grounded piece of scientific evidence. Here, we review the available information and highlight the limitations that arise in using bats as bioindicators. Based on the limited number of studies available, the use of bats as bioindicators is highly promising and warrants further investigation in specific contexts such as river quality, urbanisation, farming practices, forestry, bioaccumulation, and climate change. Whether bats may also serve as surrogate taxa remains a controversial yet highly interesting matter. Some limitations to using bats as bioindicators include taxonomical issues, sampling problems, difficulties in associating responses with specific stressors, and geographically biased or delayed responses. Overall, we urge the scientific community to test bat responses to specific stressors in selected ecosystem types and develop research networks to explore the geographic consistency of such responses. The high cost of sampling equipment (ultrasound detectors) is being greatly reduced by technological advances, and the legal obligation to monitor bat populations already existing in many countries such as those in the EU offers an important opportunity to accomplish two objectives (conservation and bioindication) with one action.


1992 ◽  
Vol 18 (1-2) ◽  
pp. 37-71
Author(s):  
Frances H. Miller

Health care rationing has gained greater visibility in the United States and the United Kingdom, for quite different reasons. As patients in both countries become more aware that potentially beneficial medical services can be denied them on economic — as opposed to purely medical — grounds, they are beginning to seek help from the judiciary. This Article contends that as rationing becomes more explicit, the doctrine of informed consent will come under increased pressure. The Article suggests that courts and legislatures consider imposing a legal obligation on physicians to inform their patients when potentially effective treatment is to be withheld for economic or other non-clinical reasons.


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