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Protecting the Rights of People with Autism in the Fields of Education and Employment Valentina Della Fina · Rachele Cera Editors Protecting the Rights of People with Autism in the Fields of Education and Employment International, European and National Perspectives Protecting the Rights of People with Autism in the Fields of Education and Employment . Valentina Della Fina • Rachele Cera Editors Protecting the Rights of People with Autism in the Fields of Education and Employment International, European and National Perspectives Editors Valentina Della Fina Rachele Cera Institute for International Legal Studies Institute for International Legal Studies National Research Council (CNR) National Research Council (CNR) Rome, Italy Rome, Italy Co-funded by the PROGRESS Programme of the European Union This publication has been produced with the financial support of the PROGRESS Programme of the European Union. The contents of this publication are the sole responsibility of the authors and can in no way be taken to reflect the views of the European Commission. ISBN 978-3-319-13790-2 ISBN 978-3-319-13791-9 (eBook) DOI 10.1007/978-3-319-13791-9 Library of Congress Control Number: 2015934457 Springer Cham Heidelberg New York Dordrecht London © The Editors and the Authors 2015. The book is published with open access at SpringerLink.com. Open Access This book is distributed under the terms of the Creative Commons Attribution Noncommercial License, which permits any noncommercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. All commercial rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com) Foreword The Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol were adopted on 13 December 2006 at the United Nations Headquarters in New York, and opened for signature on 30 March 2007. They entered into force on 3 May 2008. The CRPD is unique in its complexity for many reasons. It encompasses both civil and political rights, and economic, social and cultural rights; it includes rights established in previous instruments, but extends them by prescribing the content of the rights and the obligations of Contracting Parties. Furthermore, it contains a new set of rights such as those concerning accessibility, personal mobility or habilitation and rehabilitation, as well as it introduces new topics such as the identification of the persons with disabilities, the concept of reasonable accommodations and the obligation of Contracting Parties to cooperate in the field of disability. Fundamental rights for all people with disabilities, education and employment are regulated in Articles 24 and 27 of the CRPD and are key areas for the social inclusion of persons with autism. Their relevance has been highlighted by the UN Secretary-General in the message of 2 April 2014 on World Autism Awareness Day recalling that ‘Schools connect children to their communities. Jobs connect adults to their societies’. Consolidating a research area of the Institute for International Legal Studies (ISGI) of the Italian National Research Council (CNR), this book focuses on the analysis of the content and scope of obligations enshrined in these fields by the CRPD, in order to evaluate their implementation at national level from the per- spective of people with autism. The volume emerges from the study carried out by ISGI within the European Project ‘Promoting equal rights for people with autism in the field of employment and education’, conducted in partnership with Autism-Europe (A-E). Such Project aimed at improving the knowledge and understanding of the CRPD implementation in the fields of inclusive education and employment through the study carried out by ISGI on Articles 24 and 27 and a compendium of best practices in the field of employment prepared by A-E. The Project also promoted the exchange of concrete v vi Foreword best practices with the aim of encouraging their replication in other countries. In this vein, the research activities have been coupled with the initiatives for dissem- ination of the results of the Project, such as the Final Conference, held in Turin on 29 November 2014 during the Italian Presidency of the EU, with the participation of a wide range of relevant stakeholders, including policy-makers. Following such researches, the present legal study identifies legislative models for implementing Articles 24 and 27 of the CRPD consistent with its principles and obligations and suggests the priorities to be incorporated into domestic legislations. In this vein, the book provides an in-depth assessment of domestic legislative, judicial and administrative practice of the EU Member States having developed laws on the rights of the persons with autism especially in the fields of inclusive education and employment. A chapter is also dedicated to the protection of people with autism in the framework of the Council of Europe and the European Union. Unique for its legal perspective focused on the rights of people with autism and their inclusion in the fields of education and employment, this book is a useful source of consultation for the community of professionals, academics, scholars and advanced students dealing with international human rights law; practitioners; government legal advisers and policy-makers interested in disability issues; trade unions; representatives of DPOs and other NGOs. Rome, Italy Valentina Della Fina Rome, Italy Rachele Cera Contents Introductory Remarks on the Rights of People with Autism to Education and Employment: The Convention on the Rights of Persons with Disabilities & the European and National Perspectives .............................................. 1 Evelyne Friedel The Protection of People with Autism in the Framework of the Council of Europe and the European Union ...................... 11 Giuseppe Palmisano Domestic Laws and National Plans or Strategies for the Protection of the Rights of People with Autism: An Appraisal ................ 25 Valentina Della Fina National Legislations on Inclusive Education and Special Educational Needs of People with Autism in the Perspective of Article 24 of the CRPD ..................................... 79 Rachele Cera Tertiary Education, Vocational Training and Lifelong Learning for Adults with Autism: Comparing Domestic Laws and Best Practices ................................................. 109 Lucia Chiappetta Cajola Article 27 of the CRPD and the Right of Inclusive Employment of People with Autism ...................................... 145 Marco Fasciglione vii viii Contents Corporate Social Responsibility and the Right to Employment of Persons with Disabilities ................................... 171 Marco Fasciglione Conclusions .............................................. 195 Valentina Della Fina and Rachele Cera Contributors Lucia Cajola Chiappetta is Professor of Special Education and Pedagogy at University Roma Tre, Rome, Italy. Rachele Cera is ISGI-CNR Researcher, expert in international cooperation and legal protection of vulnerable people. Valentina Della Fina is ISGI-CNR Senior Researcher, has a consolidated scientific background in the fields of international human rights law and law of international organizations. Marco Fasciglione is ISGI-CNR Researcher, legal adviser and trainer in interna- tional law field, with specific experience in international human rights law, inter- national economic law, and corporate responsibility. Evelyne Friedel is Vice-President of Autism-Europe (President 2008–2011); Part- ner of an international law firm, Doctor of Laws, Attorney at law at the Paris and Brussels Bars. Giuseppe Palmisano is Director of the ISGI-CNR, Full Professor of International Law and President of the European Committee of Social Rights (Council of Europe). ix Introductory Remarks on the Rights of People with Autism to Education and Employment: The Convention on the Rights of Persons with Disabilities & the European and National Perspectives Evelyne Friedel Autism-Europe has the great honour of introducing this publication on the protec- tion of the Rights of People with Autism in the fields of education and employment from international, European and national perspectives. All families having children with autism as well as self-advocates have under- stood for quite a long time that dealing with autism and ensuring the defence of their fundamental rights requires international exchanges of good practices, under an evidenced based medicine
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