Medical-legal protection in the field of civil disability and handicap for minors with specific learning disorders (SLD)
Lisa Perugino, Claudio Coscarella
Italian Law n. 170, dated the 8th October 2010, containing «Guidelines for the right to study of pupils and students with specific learning disorders (SLD)» and subsequent directives and ministerial circulars on special educational needs (SEN), has opened a channel for the protection of the right to education that seems to be in contrast with the recognition of a disability in the field of social welfare for those affected by this type of disorder. In fact, Law n. 170, dated the 8th October 2010, and legislation on SEN operate in the specific field of the right to education and do not preclude any recognition of civil disability and handicap for subjects affected by this type of disorder, when the clinical-functional picture is such that it satisfies the legal requirements for social welfare protection. After clarifying the meaning of civil disability and handicap in minors according to current legislation, we aim to propose guidelines which, taking into account the clinical picture, the severity of the disorder and functional repercussions both at school and out of school, may constitute a useful point of reference in medical-legal assessment practice of minors with SLD in the field of civil disability and handicap, in accordance with the principles of constitutionally guaranteed social solidarity.
Keywords
Specific learning disorders (SLD), Disability, Handicap, SLD and Legal guardianship.