Treated differently because of disability? Here’s how to fight discrimination – breaking latest news

To be treated differently from others just because you have a disability; for example, not having equal opportunities in the workplace, having school attendance reduced, being offended and harassed. Practices, behaviors, words that still discriminate todayas confirmed by the results of the public consultation promoted by the National Association of Families and People with Intellectual Disabilities and Neurodevelopmental Disorders (Anffas) within the project AAA-Active Anti-discrimination Antennas, created with funding from the Ministry of Labor and Social Policies. Yet, there is a law (n.67/2006) That prohibits all forms of discrimination based on disability. In 2009, then, Italy ratified the United Nations Convention on the Rights of Persons with Disabilitieswhich establishes the right of everyoneregardless of its operating profile, to live in the various contexts of life in conditions of equal opportunity with others, receiving the right supports and supports.

Favorable living contexts

The Anffas project goes in this direction, which in an initial phase focused on training, aimed at people with disabilities, family members, social service operators and other professional figures. Explains Marco Faini, consultant of the Association: La disabilit understood as theoutcome of the negative relationship between the person’s health condition and the “unfavorable” environment, with barriers of all kinds; therefore, action must be taken to make life contexts “favorable”, so that each person has the same opportunities to participate, on an equal basis with others. One of these passages – underlines Faini – recognizing and addressing discriminationwhich not only has material effects – for example, not being able to participate in an initiative or not using a good or service because the conditions for accessing it do not exist – but also significant consequences on the quality of life and the perception that the person it has its own value.

Pari opportunit

How to recognize discrimination? Yes you can receive different treatment than others or not be placed in a position of equal opportunity to participate in a given context – explains Alessia Maria Gatto, legal consultant of Anffas -. For example, in the school environment disabled pupils who are denied the right to go on trips with other classmates are discriminated against, but also students who go there because they cannot count on a specific person who allows them to participate fully in that context. Not only. In the world of work – intervenes Rodolfo Dalla Mora, president of the Italian Disability Manager Society (SIDiMa) – there are still prejudices against workers with disabilities, considered “less productive” and, for this reason, penalised. Many, despite being graduates and possessing a high-profile curriculum, carry out tasks below their skills, very few hold top positions. Dalla Mora, architect and creator of the series For a new culture of disability, gives another example: Based on the concept of “universal design“of products, environments, services usable by all, introduced by the UN Convention, there must be no “bathroom for the disabled”, how discriminatory, but a service accessible both to those with mobility problems and to those without them.

What protections

What can a person who thinks they are being discriminated against because of their disability do? First it must know your rightsthe first step to be able to demand them when they are denied – specifies Gatto -. It can act on its ownAlso with the help of family, friends or a support administratorasking to be respected, or contact the reference associations in the area, such as Anffas, who can talk to the author of the discrimination to make it stop. If the actions taken have no effect, legal protection can be used provided by the law n. 67, still little known and used, as shown by the Anffas survey. What tools does the standard offer? It gives the judge the power to order the cessation of the discriminatory behavior and to recognize compensation for damages – summarizes the lawyer Gatto -. The request can be made through a judicial appeal
by the person concerned or with the support of associations entitled to accompany the victim of discrimination to court, That
they can support it or even act in its place.

various forms

As for forms of discriminationthe law identifies three: direct when, on grounds relating to disability, a person is treated less favorably than another person without a disability in a comparable situation; live when apparently neutral practices, provisions, behaviors put a person with a disability at a disadvantage compared to others; then there are the sneakier ones employeei.e. undesirable behaviours, connected to the disability, which violate the dignity and freedom of the person or create a climate of intimidation and humiliation towards them.

Reasonable accommodation

Another form of discrimination must then be contemplated, namely the denial of “reasonable accommodation” – observes the lawyer -. Already in 2016 the UN Committee had recommended that our country legislate on the matter, but this has not yet happened. What does it consist of? In the solution to be used in situations where a person with a disability cannot enjoy a right on an equal basis with others – explains Cat -. For example, a person in a wheelchair has the right to move around the area like the others and, if the transport company has most of the vehicles inaccessible, pending their adaptation, however due, alternative measures can be envisaged , such as means that can be activated on call.

Words that discriminate

Invalid, handicapped, disabled: terms still used instead of right definition cio person with disabilities. The words count because discrimination often originates in them. one of the topics addressed in the first notebook of the series For a new culture of disability (Il Prato publishing house), born from an idea of ​​the architect Rodolfo Dalla Mora who, during his existence, found himself living in a condition of disability. Dalla Mora says: With the Notebooks we want to create a space where various subjects, with a view to sharing knowledge and experiences, can give their contribution to the cultural growth of societyin order to guarantee everyone the right to equal opportunities.