Implementation of the Enabling Law on Disability
Background
Law No. 227 of 22 December 2021 delegated the Government to adopt one or more legislative decrees for the revision and reorganization of current provisions regarding disability.
The implementation of this reform represents a target aligned with Mission 5, Component 2, of the National Recovery and Resilience Plan (NRRP), specifically Reform 1.1 ("Framework Law on Disability").
In accordance with the deadline established by the NRRP Milestone, the following legislative decrees have been adopted and fully funded:
Legislative Decree No. 62 of 3 May 2024: "Definition of disability condition, basic assessment, reasonable accommodation, and multidimensional assessment for the development and implementation of the individual, personalized, and participatory life plan";
Legislative Decree No. 20 of 5 February 2024: "Establishment of the National Authority for the Rights of Persons with Disabilities";
Legislative Decree No. 222 of 13 December 2023: "Provisions on the reorganization of public services for inclusion and accessibility".
Disability Reform
Legislative Decree No. 62 of 3 May 2024
The reform marks a transition from a welfare-oriented approach to the enhancement of the person with disabilities, carried out in cooperation with disability representative organizations.
The decree reformulates the system of assessment, support, and protection measures. It simplifies administrative procedures and eliminates periodic re-evaluations, introducing a framework based on two complementary procedures: the basic assessment and the multidimensional assessment of disability.
Furthermore, the decree:
updates statutory terminology by removing obsolete terms from ordinary legislation to restore dignity and centrality to the "person with disability";
regulates the institution of reasonable accommodation to support persons with disabilities in all aspects of daily life.
Basic Assessment
The basic assessment simplifies the procedures for submitting applications, issuing medical certificates, and attending assessment boards.
The procedure is initiated via the electronic transmission of the introductory medical certificate and consolidates into a single assessment all evaluation procedures under current legislation (including civil disability, civil blindness, deafness, deafblindness, educational and occupational inclusion, and eligibility for prosthetic, healthcare, and rehabilitative assistance).
INPS (National Social Security Institute) is designated as the sole assessing authority to ensure uniformity across the national territory, eliminating the previous two-stage procedure (integrated ASL-INPS boards followed by INPS validation).
Assessment criteria are aligned with the International Classification of Functioning, Disability and Health (ICF) and the International Classification of Diseases (ICD). The World Health Organization Disability Assessment Schedule (WHODAS) is introduced as a standardized tool for measuring self-perceived disability.
Periodic re-evaluations for permanent or progressive conditions are abolished, establishing that assessment certificates shall ordinarily have indefinite validity.
Maximum procedural timeframes are set at 90 days, reduced to 15 days for oncological patients and 30 days for minors.
Multidimensional Assessment and the Life Plan
The multidimensional assessment follows the basic assessment and serves to draft the individual Life Plan.
The Life Plan ensures integrated care by addressing all aspects of daily life, prioritizing individual goals and preferences over pre-defined standard service packages.
To support the plan, the project budget is established to combine human, professional, technological, and financial resources, with the option of self-management by the person with disability.
To cover non-standard local services, a dedicated Fund with an annual allocation of 25 million euros from 2025 has been established to distribute resources among Regions according to local requirements.
Revision of Legal Terminology
The reform aligns statutory definitions with the UN Convention on the Rights of Persons with Disabilities, replacing outdated references across ordinary legal texts with standardized terminology.
Reasonable Accommodation
The decree regulates reasonable accommodation, allowing persons with disabilities to request necessary measures and adaptations to exercise their rights on an equal basis with others in key areas such as mobility, employment, education, and access to services, subject to proportionality and undue burden limits.
Implementation Phases
A phased trial period has been established prior to full national implementation:
From 1 January 2025: Implementation in 9 pilot provinces (Brescia, Catanzaro, Florence, Forlì-Cesena, Frosinone, Perugia, Salerno, Sassari, and Trieste);
From 30 September 2025: Extension to 11 additional provinces (Alessandria, Lecce, Genoa, Isernia, Macerata, Matera, Palermo, Teramo, Vicenza, Autonomous Province of Trento, and Aosta);
From 1 March 2026: Extension to 40 further provinces;
From 1 January 2027: Full implementation across the entire national territory.
Training Initiatives
Pursuant to Article 32 of Legislative Decree No. 62/2024, national training programs have been established for personnel involved in the reform's execution. These include asynchronous digital modules, practical case-study workshops, open-access learning materials, an operational manual, easy-to-read toolkits for individuals and families, and professional communities of practice.
National Authority for the Rights of Persons with Disabilities
Legislative Decree No. 20 of 5 February 2024
Legislative Decree No. 20 of 5 February 2024 established the National Authority for the Rights of Persons with Disabilities, an independent body tasked with protecting and promoting the rights of persons with disabilities in accordance with the principles of the UN Convention.
The Authority's primary duties include:
combating discrimination: preventing and addressing direct, indirect, or harassment-based discrimination on the grounds of disability;
handling complaints: receiving and processing reports submitted by persons with disabilities, their families, legal representatives, and advocacy organizations;
accessibility oversight: issuing official opinions on the non-implementation of accessibility plans (PEBA) for public buildings, facilities open to the public, and private premises providing public services, setting implementation timelines, and monitoring progress;
advisory powers: issuing recommendations and advisory opinions to public administrations and public service concessionaires, advocating for reasonable accommodations and measures to overcome identified barriers.
Reorganization of Public Services for Inclusion and Accessibility
Legislative Decree No. 222 of 13 December 2023
Legislative Decree No. 222 of 13 December 2023 establishes uniform protection standards for employees with disabilities across public administrations nationwide and enhances the accessibility of public services.
Key provisions include:
Accessibility Officers: the introduction of specialized personnel within public administrations responsible for the strategic planning of full accessibility and usability of public entities and services;
Executive Accountability: the integration of disability inclusion and accessibility targets into performance evaluation systems, directly tied to managerial responsibility and executive performance assessments.