Diritto al lavoro dei disabili e Costituzione

The position of disabled people, although not expressly contemplated by the Constitution, appears however to have an adequate constitutional protection within the social justice programme outlined by our Fundamental Chart in favour of weak people. This programme is aimed to achieve the actual social inclusion of disabled people and, in particular, their useful job placement in the working world. According to this, the normative evolution of the legislation on employment rights of disabled people falls in a more general logic of multilevel governance of public policies about disability and it is characterised: on one side from non discrimination policies targeted to defeat, with specific protections, any form of direct discrimination in the workplace based on disability; and on the other side from measures of active working policy aimed to guarantee to disabled people, through forms of focused and encouraged job placement, not just a mere charity maintenance but the stipulation of a regular employment contract, not in presence of people who are incapacitated to work but in presence of disabled people, who are clearly entitled to enter the working world.

Keywords: Key words: Weak people; Disabled people; Social inclusion; Constitutional base of the right to work of disabled people; Non discrimination policies and active inclusion in the working world; Encouraged and focused job placement of disabled people.

Carlo Colapietro, Diritto al lavoro dei disabili e Costituzione in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 124/2009, pp 607-632, DOI: 10.3280/GDL2009-124002