Eight years have passed since it was introduced in the Italian legal system the “After us” institute. The targetfrom the beginning, And state protect people with serious disabilities, guaranteeing them autonomy and independence, especially when family support fails. Despite what was hoped forHowever, everyday news continues to tell us about obstacles bureaucratic and communication difficulties between the Local Authorities called to collaborate to finance the most appropriate tools and identify the most suitable solutions and, therefore, to a situation that remains difficult despite the passage of time.
We talked about disability and “After us” today, may 22in the Carroccio Hall in Capitolduring the conference, organized by the Capitoline Action group, “After us: a tool that works?”. They took part in the work alongside Flavia De GregorioCapitoline group leader of Action and member of the Social Policy Commission of Roma Capitale, Massimiliano Mario AssiniPresident of the city council for the rights of people with disabilities, Alessia Maria Gattolawyer member of the National Anffas Legal and Social Studies Center, Laura Andraolawyer specializing in disability law, Tiziana BiolghiniVice President of the Social Policy Commission of Rome Capital, Maurizio FerraroPresident of the “Giuseppe Garibaldi” Integrated Social Agricultural Cooperative, Roberto Toppoli, consultant and trainer, former social worker of Roma Capitale. To conclude Francesca Severicouncilor for the Calenda Mayor Civic List in the XII Municipality, e Valerio D’Angelicoordinator of the Social Policies of Rome in Action.
«In the last four years the State has allocated hundreds of millions of euros for disability policies, but these funds, however insufficient to cover the real needs, have never been spentas the implementing decrees that would have allowed this to be done, despite the deadline of 20 months from the enabling law introduced by Draghi in December 2021, were not passed in time”, began the Capitoline group leader of Azione Flavia De Gregorio.
«With a resolution dated December 2022 the Court of Auditors recommended that local authorities make better use of the resources provided, but this also never happened. At the end of 2023, all the 350 million euros included in the fund for policies in favor of people with disabilities were allocated to financing construction bonuses. The icing on the cake, since March 31st this year, citizens with low incomes have been eliminated from the possibility of monetizing the 75% deduction to eliminate architectural barriers., in addition to taking advantage of the credit transfer and invoice discount. One prank after another, in short”, continued the Roman Action group leader Flavia De Gregorio.
If on the one hand law 112, i.e. “After us”, offers families of disabled people a tool to organize the care of their frail children, on the other, At a legal level, the ability to overcome standardized solutions in this regard is still lackingparticularly, inherited assets and assets. There is no legislation on fiduciary trust, for example, while the only instrument that can be used, i.e. the trust, remains governed by a foreign law which found recognition as a result of the 1985 Hague Convention.
According to the Capitoline group leader of Azione Flavia De Gregorio: «To guarantee spaces of mutuality or assisted living for disabled people, more families could think of “joining forces” and hypothesizing, for example, the transition from a single trust to a trust “collective” or “community”. Incorporating innovative legal tools and models into our system that do not currently appear there could represent the key to rethinking many interventions in favor of the most vulnerable people. It is clear, however, that this is a complex operation, also considering the difficulty of application that they entail; even more so, families would need a lot of support to put it into practice.”
As is known, then, law 112 goes far beyond specific measures for the “after”, as it provides tools to also allow people with disabilities to emancipate themselves from their parents in the “during” phase, i.e. before their contribution ceases of care and assistance by the family of origin. The latter is also encouraged to support their exit path and enable them to lead an independent adult life as a realization of the full right to dignity and equality of every person. The many difficulties in applying the lawHowever, they put a brake on and weaken an instrument which deals with a nature that is as complex as it is delicate. In November 2023, the Council of Ministers also approved two legislative decrees implementing law 227/2021, with which Parliament delegated the Government to review and reorganize the provisions in force on disability to guarantee recognition for disabled people. of one’s condition and civil and social rights, including the right to independent life and full social and working inclusion. But a real revolution in the reference regulatory scenario should only begin in 2025.
«To date it is difficult to have a clear and unitary national picture both on the levels of application of the rule and on the trials started and the funds allocated. Last year, just over 76 million euros were allocated and around 8 million arrived in Lazio, crumbs that do not allow effective planning to be put into practice. In reverse local organizations should be able to develop a life project that gives dignity to people with disabilities and enable them to build a future for themselves. It is absurd to think only about “after us”, because people with disabilities also experience a “during” that is increasingly difficult to organize even for those who should support families in the area. The latest example arrived in recent days when the Lazio Region implemented a real buck-passing move towards the Municipalities to which it seems to want to delegate the management of the Augmentative and Alternative Communication service reserved for students with disabilities, without however a formal act and a transfer of resources. From an educational point of view, the problems are endless. Yet, filling the void that these individuals find themselves faced with after finishing school becomes essential. At the end of the school cycle, in fact, both they and their families do not always find adequate and valid answers to create an employment path. And this even though work inclusion is precisely the fundamental step from which to start the experience of independent life. In short, lThe road ahead continues to be long and full of obstacles. And politics still has a lot of work to do to overcome them”, concluded the Rome Action group leader Flavia De Gregorio.
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