Unveiling the Challenges in the Implementation of Article 24 CRPD on the Right to Inclusive Education. A Case-Study from Italy

Since the 1970s, Italy has undertaken a process of inclusion of children with disabilities in mainstream schools, has implemented an anti-discriminatory educational policy, and abandoned segregated educational practices. In September 2014, the Italian Government initiated a process of “modernization” of the whole educational system, and attempted to fully align domestic legislation with the wide-ranging obligations enshrined in Article 24 CRPD. Law No. 107/2015 on the reform of the educational system empowered the Government to adopt legislative decrees to promote inter alia an effective and inclusive education for persons with disabilities. After a long and somewhat troubled process, a legislative decree on inclusive education was finally adopted in April 2017. This article, building upon previous research, critically discusses the innovations brought by this recent reform, situating them in the broader Italian legislative framework on the rights of people with disabilities. By focusing on Italy as a case-study, this article aims to reflect on the challenges surrounding the creation of an inclusionary educational system that goes beyond a mere integration in mainstream schools and ensures full and effective participation of all learners, meeting the standards imposed by Article 24 CRPD

Cultural Diversity 'Under Review' The Fachverband der Buck- und Medienwirtschaft Case

The increasingly high profile given to cultural diversity in the European Union (EU) reflects a long-term trend. However, despite the clarity of the EU legal framework and despite the strong political commitment to cultural diversity, the relationship between culture and the market remains problematic. The purpose of this case note is to examine the Fachverband der Buch case and to highlight the still limited scope of cultural derogations within the EU. This ECI judgment also shows the manifold and problematic borders of the meaning of 'cultural diversity'

European Citizens ... Mind the Gap! Some Reflections on Participatory Democracy in the EU

Since 1957, the European Economic Community (EEC) has undergone profound constitutional changes, dictated by the geographic and functional expansion of the EU, but also by the need to heal its original sin: the “democratic deficit”. Despite these innovations, the “democratic deficit” still exists as a deficiency with regard to “input legitimacy”, i.e. as a “discrepancy between the pervasive effects of the regulative power of the EU and the weak authorization of this power through the citizens of the Member States who are specifically affected by those regulations”. Even though the democratic value of the involvement of people and civil society in decision-making remains contentious, more than a decade after the publication of the 2001 White Paper on European Governance, the method of increasing “input legitimacy” still means the improvement of citizens’ participation, in compliance with Art. 11 TEU. This essay, building on the extensive academic scholarship on participatory democracy, discusses channels for citizen and civil society participation in the EU. It attempts to critically contrast and compare formal participatory tools, i.e. those provided for in the Treaties or regulated by secondary EU legislation, with soft or informal channels (e.g. consultation, work fora, platforms) for citizens’ involvement and their actual contribution in terms of “input legitimacy.” In particular, drawing inspiration from Smismans’ discourse on “decentralism”, this essay confronts the issue of multifold horizontal (non-territorial) participation, focusing on the involvement of CSOs, i.e. of transnational, non-territorial “organisational structures whose members have objectives and responsibilities that are of general interest and who also act as mediators between the public authorities and citizens”, as well as multi-level territorial (vertical) dimensions of participation. It then contrasts the role of (horizontally or vertically) organized civil society’s participation with the participatory role of EU citizens uti singuli

Legal Scholarship and Disability in Italy: Recent Developments and New Perspectives

This essay gives an overview of the evolving academic legal discourse on disability which is taking place in Italy. It attempts to show that the ratification of the CRPD contributed to making 'disability law' an autonomous and comprehensive area of legal studies, and to overcome (at least partially) the rigid fragmentation of the settori scientifico-disciplinari (scientific-disciplinary sectors, i.e., constitutional law, comparative law, civil law...), which is a distinctive feature of Italian academia

Analytical Framework for a Comparative Analysis of Accessible Technology Law and Policy

Deliverable 7.1 poses the basis of the comparative analysis to be conducted throughout the whole WP 7 and reviews existing studies on accessible technology and accessibility law and policy in Czech Republic, Germany, Ireland, Italy, Norway, Serbia, Sweden and the UK. Deliverable 7.1 is divided into two main sections: an Analytical Framework and an Annotated Bibliography. The Analytical Framework discusses the interrelation between accessible technology and ‘active citizenship’, and defines the scope, the main concepts and the methodology of the research conducted under WP 7. It also positions WP7 within current legal scholarship, highlighting its innovative contribution. The Annotated Bibliography, annexed to the Analytical Framework is composed of two main complementary parts (i.e. parts A and B), each one preceded by a roadmap. Part A reviews selected sources on accessibility law and policy in Czech Republic, Germany, Ireland, Italy, Norway, Serbia, Sweden and the UK. Even though it cannot be regard as exhaustive, it aims to give a ‘big picture’ of current official legislation and policy on accessibility, and scholarship on accessibility. It is intended to be an immediate and easy to read bibliographic tool for scholars approaching accessibility law and policy in Europe. Part B has complements Part A: it does not list legislation or policy programmes on accessible technology, but focusses on the most recent literature on accessible technology

Reshaping Disability Policy Making in Italy: The ‘Focal Point’, the National Observatory on the Situation of Persons with Disabilities, and... the Absence of Regions?

On 30 March 2007, Italy signed the UN Convention on the Rights of Persons with Disabilities (CRPD) and ratified it by Law 18/2009. Through this, Italy has committed itself to reforming the structure of its own policy making process. It seems that Italy has taken its international commitment seriously, in compliance with Art. 117(1) of the Italian Constitution, for the last years have witnessed attempts to ‘re-imagine’ the configuration of the whole ‘institutional’ disability domain. It is nonetheless surprising that the efforts at national level are not counterbalanced by identical commitments in the Regions (despite their important powers in the disability domain). This essay aims to investigate the most intriguing aspects of current disability policy making, without neglecting empirical insights and dropping some comparative hints. This article is divided into six sections. After a succinct introduction, the main features of the Convention will be recalled. Then, the CRPD will be framed to fit the Italian legal order. Section 4 and 5 focus on how disability policy making has been reshaped in the process of the implementation of Art. 33 CRPD in the Italian legal system. Section 6 will provide concluding remarks

Book Review: Oddny Mjdll Arnardottir & Gerard Quinn (Eds), The UN Convention on the Rights of Persons with Disabilities. European and Scandinavian Perspectives, Martinus Nijhoff Publishers-Brill Academic (2009)

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The Role of the European Union in Protecting the Rights of Asylum Seekers with Disabilities

The author discusses how and to what extent EU directives ensure the protec¬tion of migrants with disabilities and meet the standard of protection of the UN Convention on the rights of People with Disabilitie

Cultural Diversity 'Under Review' The Fachverband der Buck- und Medienwirtschaft Case

The increasingly high profile given to cultural diversity in the European Union (EU) reflects a long-term trend. However, despite the clarity of the EU legal framework and despite the strong political commitment to cultural diversity, the relationship between culture and the market remains problematic. The purpose of this case note is to examine the Fachverband der Buch case and to highlight the still limited scope of cultural derogations within the EU. This ECI judgment also shows the manifold and problematic borders of the meaning of 'cultural diversity'