At exactly five years since the adoption of Law 67/06 - which protects people with disabilities who are victims of discrimination - they deserve to be recorded some judicial pronouncements should be read as an increasingly important signals about the strength of the principle of equal treatment which, according to that same law 67, shall mean that there can be no discrimination to the detriment of people with disabilities, ranging on various activities of life
Law 67/06 (Measures for the judicial protection of persons with disabilities face discrimination ) which introduced in Italy a means of obtaining protection from discrimination against disabled people, is today taking five years! The measure, approved just on 1 March 2006 by the Italian Parliament, is preparing an injunction to protect damages. If it finds discrimination, the court may:
a) order, if the applicant so requests, the damages - even non-pecuniary - from discrimination, that is what comes from not being able to do such a thing as the others;
b ) order the cessation of discrimination, if still ongoing;
c) take any other measure under the circumstances, to remove the effects of discrimination;
d) the adoption order, within the time limit, a plan for the removal of discrimination found, a solution suitable for cases where the harmful events are extended and, therefore, impossible to eliminate with a single act. Imagine, for example, that the court finds that a number of railway stations are not usable by disabled people, in which case the adoption of a plan to change the station is probably the best solution;
e) order the publication of the measure for once, a newspaper in general circulation, or at one of the largest newspapers in circulation in the territory concerned.
The possibility of discrimination against which it is possible to react appealed to the Court quella diretta (che determina cioè un trattamento meno favorevole per motivi connessi alla disabilità) e quella indiretta (in cui un fatto apparentemente neutro mette una persona con disabilità in posizione di svantaggio rispetto agli altri: si pensi al divieto di portare cani in un ristorante, fatto di per sé neutro, che però, per una persona non vedente con cane guida, diventa ragione di svantaggio).
Inoltre, si può reagire con lo stesso strumento anche contro le molestie e, in genere, contro tutti quei comportamenti, posti in essere per motivi connessi alla disabilità, che violano la dignità e la libertà di una persona con disabilità o creano un clima di intimidazione, umiliazione e ostilità nei him.
Law 67 has begun to be applied in the courts. We see this effect in some pronunciations.
On 10 January this year, the Milan court has recognized that the non-allocation of support teachers - placing disabled pupils at a disadvantage compared to others - constitute indirect discrimination. The Order issued on January 10 last year [he read on our website clccando here and in subsequent articles, Ed] also refers to the United Nations Convention on the Rights of Persons with Disabilities in 2006 and the 80/10 Judgement of the Constitutional Court, which held the right to education and unfailing in substance that the assignment of teachers support, as for the fulfillment of that right is not subject to budgetary constraints.
With this measure, therefore, the Court of Milan - issue an order "pursuant to Law 67 of 2006, entitled" Measures for the judicial protection of persons with disabilities who are victims of discrimination "(OJ No 54, March 6, 2006) 'he ordered the restoration of children of applicants in the number of hours of support provided to them during 2009-2010. And this, to be relevant because a judge has described as discriminatory and a determination of the Administration ordered the same behavior, assigning a specific period within which to provide, it is also important because of the applicants included an association to protect the rights of persons with disabilities [the LEDH, League for the Rights of Persons with Disabilities, ed.] Law 67/06, in fact, extends the right of action for the possibility of discrimination also identified associations with Ministerial Decree.
Earlier, however, the measure referred to above, there have been interesting rulings in discrimination law. On June 4, 2009 the Court of Taranto, Martina Franca Section, acknowledged that a person with a disability was discriminated against in the examinations of qualification to practice law. In particular, the judge had considered the delay of discriminatory paper code, the workstation that had been assigned to the candidate (in fact useless for him from a wheelchair, due to the height of the work) and the absence of police at the entrance, which should have facilitate the entry of the candidate in the examination. In that case the judge quantified the damage suffered - and not capital assets - in 4000 €.
should also be reminded of the order of the Court of Tempio, Sardinia, on 20 September 2007, in which the judge has sentenced a yacht club to pay damages in favor of a disabled person in a wheelchair. On that occasion it was considered discriminatory because a boat had been moved without warning the owner and that the same person with a disability had been prevented from alongside your boat a lifting device that would enable it to move from their wheelchair to the boat itself. The interesting fact is that the Judge, to quantify the damage, decided to hundredfold the value of the registration fee, bringing the sum of 4,000 €.
These decisions are therefore the concrete proof of how the right not to be discriminated against people with disabilities - in fact enshrined in our legal system by Law 67/06 and internationally by the United Nations Convention of 2006 - is finding more and more responsiveness in case law responsible. Today
behavior and situations that prevent people with disabilities to have an ordinary life are appropriate responses in our system. On the one hand, the compensation and the other the attention that the judges have shown for the details of the activities of life are important signs that attest to the power that is becoming more and more today - and in absolutely concrete terms - the principle of equal treatment which, according to Article 2 of Law 67/06, mean that there can be no discrimination to the detriment of people with disabilities.
Finally, in addition to compensatory profiles - which in this case relate to the sphere of non-economic activities and relate to personal fulfillment - has emerged role of associations of people with disabilities, including through legal action wise, will increasingly impact on society to promote inclusion of disabled people.
0 comments:
Post a Comment