This is a brief reflection on definitions of disability (or disabilities) and their legal treatment in some law systems. Constitutional and legal definitions and protections seems to be inconsistent when compared with policies. Many great statements we can find in some constitutions are absolutely ignored in the ordinary legislative and regulatory activity, while some legal systems, refusing general principles, adopted interesting solutions. The second aspect of this essay is the sharp and increasing distinction between the "rights" approach, focused on individual action and oriented to counter discriminatory acts, and the “policies” one, centered on the legislator’s choices, often more effective but in many cases leaving entire categories without care for financial reasons.
La tutela delle persone con disabilità nella prospettiva comparata
BIANCHI, PAOLO
2013-01-01
Abstract
This is a brief reflection on definitions of disability (or disabilities) and their legal treatment in some law systems. Constitutional and legal definitions and protections seems to be inconsistent when compared with policies. Many great statements we can find in some constitutions are absolutely ignored in the ordinary legislative and regulatory activity, while some legal systems, refusing general principles, adopted interesting solutions. The second aspect of this essay is the sharp and increasing distinction between the "rights" approach, focused on individual action and oriented to counter discriminatory acts, and the “policies” one, centered on the legislator’s choices, often more effective but in many cases leaving entire categories without care for financial reasons.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
