“The summer camps are a very important opportunity for socializing for all children and families, they cannot bear the additional costs of specialized staff to help minors with disabilities”. To tell it to Ilfattoquotidiano.it is Fortunato Nicolettifather of Roberta, a girl with several severe disabilities, and vice-president of odv (voluntary organization, ed) No one is excluded very active in Lombardy. Roberta cannot attend the summer school center because there is no nurse dedicated to her to help her with the ongoing assistance she needs to live. “Specialist operator that belongs to you by law” says Fortunato.
The complaint about unknown persons – “The absence of the nurse actually prevents Roberta from accessing it: she, tracheostomized, breathes thanks to a cannula, she needs suction but also needs to be properly supported in her go, no teacher could ever take responsibility for letting her into the school – says Nicoletti – After the nurse’s inexcusable unjustified absence, we filed a complaint with the judicial police “. A complaint about unknown persons. The home care of a person with a disability is the responsibility of the region of residence. The other stakeholders involved are Asst (Azienda Socio Sanitaria Territoriale), the municipality of residence and the accredited administrative body that actually provides the assistance. On it serious situation in the summer camps in Italy, the vice-president of niente E’ ruled out comments that “the issue is becoming a real emergency at national level. In our area it is worsening mainly due to the exclusion of a large part of the Lombard municipalities as well as of the cooperatives that organizes and administers this service”. “We remember that summer camps are also fundamental in terms of family organization. However, it is a pity that for children and young people with disabilities of any kind it is practically impossible not only to participate, but also to register say”. “In light of this – adds Nicoletti – we feel that we can confirm that in this case we even go beyond the concept of inclusion and instead cite the right of all people to citizenship. THAT ordinarybecause they are the ones who provide these services, they must perform all necessary behaviors so there are conditions to guarantee everyoneregistration and frequencywithout illegitimately delegating this task to the family. Any other kind of behavior than this presupposes a violation of the law, even the very usual one that gives justifications of an economic-financial nature (there is no money) ”. It’s a critical problem that explodes every summer but gets worse over the years. “In the coming months, this fight for civilization and social justice will become one of the priorities for the association No One is Excluded and for all those who want to fight with us”.
Ledha’s legal card – IN Lombardy over the past few weeks, the Anti-Discrimination Centre Franco Bomprezzo of LEDHA received approx 20% more reports who come from families of minors with disabilities who have been refused registration of their child in the summer camp. LEDHA complaint that the situation of severity more widespread is the practice of asking parents to pay an extra contribution to the basic fee in order to get the help of an educator and/or specialist operator. To meet the needs of families and support them, the Franco Bomprezzo Center for LEDHA has prepared a legal form for families and a facsimile of a letter that parents can directly write and address to the management bodies of public or private leisure services. Here it is below.
“Summer camps and prohibition of discrimination against children and young people with disabilities”
Every year, the most diverse realities (municipalities, parishes, sports centers, …) organize summer centers, which are an important opportunity for socialization, fun and entertainment for children and young people, as well as a necessary service for organizing family work. The art. 30 off United Nations Convention on rights of People with Disabilities, ratified by the Italian State with Law No. 18 of 2009, recognizes the right of all persons with disabilities to participate in recreational activities on an equal basis with others, also through the adoption of all reasonable measures and adaptations necessary for this. It means that:
• The summer camps are open to everyone. Not to accept the registration of a child or a child, a boy or a girl with a disability – or subordinate it to the presence of dedicated educational assistance – due to unsuitable space or staff and/or to meet needs related to disability, or, more generally, for safety reasons, constitutes discrimination punishable under Act No. 67 of 2006, as the reason for exclusion is disability.
• Boys and girls, boys and girls with disabilities have right to participate for the summer camp on the basis of equality with others. When planning the activities in a summer centre, the needs and characteristics of all children, including those with disabilities, must be taken into account. The management body shall provide all measures necessary to ensure adequate presence and participation in the center for children and girls, boys and girls with disabilities on an equal footing with others, including through any figures and/or specialized support assistant if necessary . However, there is a widespread practice according to which the administrative bodies ask the families of children with disabilities, in addition to the registration fee, an additional contribution, a share or, in the most serious cases, to bear the full costs of the support. help they need. In this case too, any additional cost attributable to disability is discriminatory and as such punishable by Act No. 67 of 2006.
After the many reports received, we therefore clarify that:
• The governing body, as an organizer, must take steps to ensure the supportive assistance they need for boys and girls with disabilities attending the summer camp. In fact, the widespread practice whereby the governing bodies delegate this task to the families themselves is illegitimate;
• in the event that a ratio of 1:1 is envisaged for a boy or girl, a boy or girl with a disability based on their functional diagnosis, the centers and municipalities cannot refuse their registration or limit their attendance, declaring themselves out of able to guarantee this relationship. In order not to implement discrimination that can be sanctioned under Act No. 67 of 2006, is actually obliged to assess case by case, analyze the situation and the specific needs of the individual child or young person with disabilities, to determine whether a high level of support is actually necessary also for organized play activities – which of course differs from school activities – but without this causing additional burdens for his family. In general, however, the 1:1 ratio must never be imposed solely for the presence of a disability;
• boys and girls, boys and girls with disabilities must be able to participate in the summer camp from day one, also while waiting for the support assistant. Indeed, the management bodies must take all reasonable measures and adaptations to immediately guarantee the participation of disabled children with equal rights with other companions.
To summarize: All boys and girls, boys and girls with disabilities have the right to participate in the summer camp on an equal basis with others. It is the responsibility of the governing body to take steps to ensure that all necessary arrangements are made to ensure that disabled children, boys and girls, are present. It is also always possible to request an opinion from the Franco Bomprezzo Anti-Discrimination Center at the email@example.com