L’effettività del diritto alla salute delle persone con disabilità nel contesto del diritto sanitario italiano

This dissertation examines the effectiveness of the right to health for persons with disabilities within the Italian healthcare system, critically analysing the gap between the formal recognition of this right and its concrete implementation. Starting from the combined interpretation of Articles 3 and 32 of the Italian Constitution and the framework introduced by the ONU Convention on the Rights of Persons with Disabilities, the work argues that the protection of the right to health cannot be reduced to the uniform provision of healthcare services. Instead, it requires a system capable of removing the barriers that hinder full participation and inclusion. Through a systematic reconstruction of the constitutional foundations and the evolution of relevant legislation, the dissertation explores the role of Public Administration in organising healthcare and social-health services, highlighting the main weaknesses of the current multi-level governance: territorial fragmentation, uneven essential levels of care, financial constraints that affect the enforceability of the right, and organisational structures that often fail to address the specific needs of persons with disabilities. The research places particular emphasis on effectiveness as a key parameter for assessing administrative action, identifying personalisation, accessibility, and socio-healthcare integration as the pillars of an inclusive system. From this perspective, the dissertation analyses virtuous institutional practices that have concretised constitutional principles, with a specific focus on the DAMA Project—an innovative model of care and reception dedicated to persons with disabilities. The examination of the model, its outcomes, and its future development demonstrates how organisational innovation, when supported by a vision grounded in equity and proximity, can significantly enhance the actual enjoyment of the right to health. The study concludes by proposing a vision of health protection as a dynamic process requiring an administration capable of ensuring uniform essential levels of care while also valuing local specificities. The effectiveness of the right to health for persons with disabilities thus emerges as a key indicator of the democratic quality of the healthcare system and of the legal system’s capacity to translate human dignity into operational practice.