11 THE ITALIAN LAW JOURNAL NO. 2 (2025)

 

Reasonable Accommodations for People with Disabilities in Italian Legislation Today

by Luca Calcaterra

This essay explores the evolution and current status of reasonable accommodations for people with disabilities in Italian legislation, particularly following the crucial Decreto Legislativo no 62/2024 reform. It analyzes the necessary balance between constitutional principles, such as entrepreneurial freedom (Art 41) and social assistance (Art 38), and the duty to provide these accommodations. The discussion highlights the legislative shift from a fragmented framework based on a medical model of disability to the adoption of a biopsychosocial approach, aligning Italy with international standards like the UNCRPD. Key aspects of the reform include the formal introduction of a definition for reasonable accommodation, the establishment of a structured request procedure, and the creation of the National Guarantor Authority for the Rights of Persons with Disabilities. The essay also addresses persistent challenges, such as the continued reliance on medical certification and the new implications of refusing accommodations, which is now explicitly defined by the Courts as direct discrimination under Italian law. The analysis concludes that while the reform significantly clarifies the legal framework, its practical effectiveness will heavily rely on subsequent judicial interpretation to fully harmonize national and international standards and expand protections for disabled workers and their caregivers.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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