In Italy, the National Guarantor for the Rights of Persons with Disabilities, established by Legislative Decree No. 20 of February 5, 2024, has been operational since January 1, 2025. This body plays a central role in promoting, protecting, and monitoring the rights of persons with disabilities, operating with full administrative autonomy and independent of hierarchical constraints.

Structure and organization

The Ombudsman for Disabilities is a collegial body composed of three members: a president and two members, appointed respectively by the Presidents of the Chamber of Deputies and the Senate. The Office of the Ombudsman—which reports directly to the President and has its own dedicated staff—was established to support its work.

The internal organization also provides for the possibility of delegating specific tasks to each member of the panel, according to criteria established by the Guarantor himself.

Institutional functions

Legislative Decree no. 20 of 5 February 2024 attributes various responsibilities to the Guarantor for Disabilities institutional functions:

  • rights monitoringThe Guarantor must monitor respect for the rights of persons with disabilities, in accordance with the principles of the United Nations Convention on the Rights of Persons with Disabilities (ratified in Italy with Law No. 18/2009), the Constitution, and relevant national and international legislation;
  • contrast to discriminationThe Guarantor must intervene against direct or indirect discrimination or harassment related to disability, as well as against the refusal of the so-called 'reasonable accommodation' (i.e. appropriate measures that allow participation under conditions of equal dignity);
  • promotion of equalityThe Guarantor must promote the 'actual enjoyment' of the fundamental freedoms and rights of persons with disabilities, preventing phenomena of segregation.

Reports, opinions and recommendations

The Guarantor can receive reports by people with disabilities, their families, representative associations, and public institutions. The submission methods must be accessible (for example, through a dedicated contact center), and the reports are evaluated collegially.

Once examined, such reports may give rise to reasoned opinions on administrative acts, general provisions, or specific cases, where profiles of violations of rights are indicated and proposing measures or 'reasonable accommodations' to resolve critical issues.

Furthermore, the Guarantor formulates recommendations to public administrations and service providers, in order to improve policies and practices relating to disability.

Checks and visits

The authority can carry out verifications ex officio or following a report, to ascertain the presence of discrimination or violations. It also has the power to visit facilities that provide essential public services, such as residential institutions, day care centers, or other social facilities. During these visits, the Guarantor may hold confidential interviews (even without witnesses) with persons with disabilities to gather useful information.

Annual report and transparency

By 30 September of each year, the Guarantor shall submit a report to Parliament and to the President of the Council, with a report of the activities carried out, the reports received, the recommendations issued, and the audits conducted. This report ensures public visibility and accounts for the authority's work.

Collaborations and advocacy

The Guarantor for Disabilities collaborates closely with theNational Observatory on the status of persons with disabilities, to monitor the UN Convention and national policies. It should also maintain an ongoing dialogue with disability associations, representative federations, public bodies, social workers, and other advocacy bodies, to promote a culture of inclusion and respect.

Judicial power and legal action

The Guarantor has the power to Act and resist in court for the defense of its prerogatives and for the full exercise of its powers.

Awareness and promotion of rights

The Guarantor's duties also include the promotion of awareness campaigns on disability and inclusion, with the aim of spreading a culture of respect for the rights of people with disabilities and encouraging corrective legislative or administrative interventions.

Conclusions

The National Guarantor for the Rights of Persons with Disabilities can represent a new and decisive institutional point of reference in Italy. With powers of oversight, active intervention, and consultation, the authority can contribute to achieving the full inclusion of persons with disabilities, combating discrimination and promoting structural change. We look forward to seeing the results.

#Égalité

Dario Dongo

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