Disability, Legal Definition and its Assessment

The concept of disability has undergone a profound theoretical and regulatory evolution, shifting from a medical paradigm to a bio-psycho-social model. The modern approach defines disability not as a mere individual condition, but as the result of interactions between functional limitations, environmental factors, and social barriers. Law No. 62/2024 enshrines this innovative vision within the Italian legal framework, introducing assessment criteria based on a multidimensional evaluation aimed at providing personalized support for persons with disabilities. This paper critically analyzes the new assessment process established by Law No. 62/2024, evaluating its effectiveness, consistency with the new paradigm, and practical implementation in real-world contexts. It demonstrates that the approach introduced by Law 62/2024 represents a significant advancement in the definition and assessment of disability in Italy: it shifts the focus from merely verifying functional limitations to building life projects truly centered on the individual.

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Publication Details

Journal
Università degli Studi di Trento
Published
2026-01-29
DOI
https://doi.org/10.15168/2284-4503-3910
Primary Topic
Disability Rights and Representation
Type
article
Field-Weighted Citation Impact
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article

Disability, Legal Definition and its Assessment

Marco Valerio Sarra
Università degli Studi di Trento
Disability Rights and Representation
article

Disability, Legal Definition and its Assessment

Marco Valerio Sarra
article en

Abstract

The concept of disability has undergone a profound theoretical and regulatory evolution, shifting from a medical paradigm to a bio-psycho-social model. The modern approach defines disability not as a mere individual condition, but as the result of interactions between functional limitations, environmental factors, and social barriers. Law No. 62/2024 enshrines this innovative vision within the Italian legal framework, introducing assessment criteria based on a multidimensional evaluation aimed at providing personalized support for persons with disabilities. This paper critically analyzes the new assessment process established by Law No. 62/2024, evaluating its effectiveness, consistency with the new paradigm, and practical implementation in real-world contexts. It demonstrates that the approach introduced by Law 62/2024 represents a significant advancement in the definition and assessment of disability in Italy: it shifts the focus from merely verifying functional limitations to building life projects truly centered on the individual.

Università degli Studi di Trento
Openalex Percentile: Top 74%
Disability Rights and Representation
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