Cenni comparatistici sulla tutela dei disabili

Abstract

The particularly broad and complex issue of the protection of disabled people in the Italian and English legal systems in this work is tackled by the comparative method, benefiting the research for the help of the categories of legislative and jurisprudential formants who play an apical role within their respective systems of sources of production of law. Despite significant differences in the protection concretely granted to disabled people in some fragments of daily life, from the view of the degree of legal protection and of its concrete and easy actionability, greater in the English system than in the Italian system, it has been possible to note that even on the Italian side, a clearer and more incisive legitimacy jurisprudence is beginning to appear – albeit timidly and only recently – which allows to apply, in a framework of protection broadly traced up by the legislator, the undeniable value of the equality of citizens, the cornerstone of a democratic society.