No official translation edited by Raffaello Belli and Ginevra Peruginelli
Official Journal No. 54 of 6 March 2006)
Text in force from 21 March 2006
The Chamber of Deputies and the Senate of the Italian Republic have passed;
THE PRESIDENT OF THE ITALIAN REPUBLIC
the following law:
1. This law, under the terms of article 3 of the Constitution, promotes the full implementation of the principle of equal treatment and equal opportunity towards persons with disabilities covered by article 3 of Law No. 104 of 5 February 1992, in order to ensure them the full enjoyment of their civil, political, economic and social rights.
2. In case of discrimination against persons with disabilities concerning job access and working conditions, the provisions, contained in the law-decree No. 216 of 9 July 2003, implementing the Directive 2000/78/CE on equal treatment in employment and working conditions, are maintained
1. The principle of equal treatment implies that no discrimination can be applied to persons with disabilities.
2. Direct discrimination occurs when, due to disability, a person is treated less favourably than the way a non-disabled person is, has been or would have been treated in a similar situation.
3. Indirect discrimination occurs when an apparently neutral provision, criterion, practice, act, pact or behaviour put a person with disabilities in a disadvantaged position with respect to other persons.
4. Discriminations are to be considered also those harassments, i.e. undesired behaviours and acts put into being in connection with disability which violate the dignity and freedom of a person with disabilities and create a climate of intimidation, humiliation and hostility against this person.
1. Judicial protection against measures and conduct under Article 2 fall under Article 28 of the legisaltive decree 1 September 2011, n. 150. (1)
2. [The complainant, in order to demonstrate the existence of a discriminatory behaviour against his prejudice, may bring before the court matters of fact, which need to be serious, precise and consistent, to be evaluated by the judge under the terms of article 2729, first paragraph, of the Civil Code.] (2)
3. [By accepting the appeal, the judge, provides, if requested, for the compensation for damages, even when no financial loss is involved, and orders the termination of the behaviour, conduct or discriminatory act, if still existing, and adopts any adequate measure, according to circumstances, to remove the effects of discrimination, including the adoption, prior to the expiration of the time limit established in the measure itself, of a plan for the removal of the identified discriminations.] (2)
4. [The judge may order, only once, on a national leading daily newspaper or on one of the major daily newspaper having a very wide circulation on the territory, the publication of the measure under paragraph 3, at the expense of the defendant.] (2)
1. The organisations and bodies, on the basis of their statutory mission and stability, identified by the law-decree of the Ministry for equal opportunity, jointly with the Ministry of Work and Social Policy are as well allowed to act in the discriminated person’s own name and behalf. Such ability is regulated by article 3, provided these organisations are delegated before a notary public or through a private authorised signed document, otherwise nullity shall be declared.
2. Those organisations and bodies under paragraph 1 may participate in trials for sustained damage by persons with disabilities and present an administrative plea claiming the nullity of acts adversely affecting those persons’ interests.
3. Those organisations and bodies under paragraph 1 are also admitted to act against discriminatory acts covered by paragraphs 2 and 3 of article 2, when these are addressed against a whole category of persons.
This law, equipped with the State seal, will be part of the Official Collection of normative acts of the Italian Republic. Everybody is obliged to observe it and make it observed as a law of the State.
Rome, 1 March 2006
Berlusconi, President of the Council of Ministers
Prestigiacomo, Ministry for Equal Opportunity
Maroni, Ministry of Work and Social Policy
Checked, il Guardasigilli: Castelli(1) Paragraph amended as follows from subparagraph a) of the paragraph 35 of the article 34 of the legislative decree 1 September 2011 n. 150.
Updated 31 January 2012