Disability in Italy: Rights, Laws, and Services

What is Disability and Why is it Important to Know about it 

Before understanding the laws and services in Italy for people with disabilities, it is important to know what disability is because it helps us understand the rights provided by law, the available services, and how society can be more inclusive.

Disability is a condition that affects one person out of five in the world. Disability is the condition of a person who, due to a psychological, physiological, or anatomical state, finds it more difficult to carry out daily life activities and live in society compared to what is considered the norm.

Disability does not mean total incapacity: many people with disabilities live independently and actively if they receive the right tools and support! Disabilities are of different types and degrees. The main types of disability are:

• Physical: movement problems, such as paralysis or amputations;
• Sensory: problems related to the senses, such as blindness or deafness;
• Intellectual or cognitive: learning, memory, or reasoning difficulties;
• Psychological or mental: psychological or psychiatric problems that limit daily life.

Disability in itself is not a deficiency! The real problem occurs when, unfortunately often, society does not meet the person’s needs. In this case, the person with a disability finds themselves in a situation of difficulty and disadvantage. For example: a deaf person, if they do not receive the appropriate hearing aids and do not learn sign language, is in a condition of marginalization and cannot fully live their life due to structural barriers.

How Disability Is Protected in Italy – Law 104/1992

Article 3 of the Italian Constitution protects all people through the principle of equality and the State’s commitment to remove all obstacles that limit the freedom and dignity of people. There are also international treaties to which Italy belongs, which established the National Guarantor of the Rights of Persons with Disabilities, an independent body that promotes the inclusion of all people.

The main Italian law for people with disabilities is Law 104/1992, also known as Legge 104. Legge 104 indicates the main rights, services, and support in various areas of daily life for people with disabilities and for their caregivers. Services naturally vary depending on the type and severity of disability and the individual case.

The main aspects covered by legge 104 are:

1. Assistance and support for daily activities and access to social and health services. In some cases, you are entitled to have a companion or caregiver to help with daily activities;
2. Work permits and protections at work: For example, paid leave days and flexible working hours are provided for those recognized as disabled with a severe condition;
3. Tax benefits: Reductions on taxes and deductions for medical expenses;
4. School inclusion: Support teachers and accommodations for access to schools and universities. For students in compulsory education, an appropriate Individualized Education Plan (PEI) is introduced, which studies difficulties and proposals for full realization of their abilities.
5. Protection of rights: Protection against discrimination and recognition of dignity and equality for people with disabilities and their families.
6. Mobility and transport: Benefits and discounts on public transportation fares. Local regulations may also provide additional assistance.
7. Discounts and benefits for entry to museums, cinemas, events, swimming pools, and certain goods.
   

Who Can Apply and Requirements for Accessing Legge 104

The first requirement to access Law 104 is to be a resident of Italy and have a valid permesso di soggiorno of at least one year. The essential requirement for accessing benefits under Law 104 is undergoing a medical-legal evaluation, which is explained in the next paragraph.

Attention! For some services under Law 104, particularly paid work leave, others besides the disabled person can request them:

• Parents of children with severe disabilities (including fostered or adopted children);
• The spouse or civil union partner of a severely disabled person, or their de facto cohabitant;
• Relatives by blood or marriage up to the 2nd degree;
• Relatives by blood or marriage up to the 3rd degree if the parent or partner of the person with disability is over 65, absent, disabled, or deceased.
  

How to Request Civil Disability Recognition

Recognition is done through a medical-legal assessment known as civil disability or handicap status:

1. Request a certificate from your general practitioner, who prepares an introductory medical certificate and sends it electronically to INPS.
2. Submit an online request for handicap assessment to INPS. You can also call the INPS contact center at 06 164 164. If you have difficulties, you can go to a CAF or recognized patronage nearby. If you have difficulty understanding Italian, it may be important to be accompanied by a mediator or trusted person who helps you understand everything better.
3. Within 30 days, or 15 days for oncological diseases, you will be summoned via registered letter for an evaluation before a local ASL (Local Health Authority) commission. The commission will verify your disability status. The commission report will be sent to you by INPS, and you can appeal in case of denial.

The civil disability certificate will have a certain percentage. Based on the percentage, the services you can access vary. Generally, values below 67% allow limited benefits, while above 67% you have work permits and more complete benefits.