Quali tutele per il caregiver familiare? Un’analisi giuslavoristica tra teoria e pratica

Due to the persistent institutional inertia and chronic inadequacy of the Italian Long Term Care system, characterised by public policies aimed at strengthening family care obligations, the risk of social marginalisation and exclusion of the caregiver from social, economic and professional life is increasingly evident and alarming. Compared to this risk – growing under the pressure of the ongoing demographic transition – the protections offered by the legal system appear to be inadequate and fragmented. In light of the above, this paper aims to investigate the figure of the informal caregiver from a legal point of view, taking into consideration both the current national legislation (in particular, through the analysis of the regulatory definition, introduced by art. 1, par. 255, law 27.12.2017, no. 205, and of the legal protections in force) and the broad and varied rulings on the topic. The most recent legislative interventions in favour of vulnerable people (see, for instance, art. 39 of legislative decree no. 29/2024) repeatedly mention family caregivers and recognise “their economic and social value for the entire community” but do not provide any safeguards for them. Consequently, inadequate protection and its unsatisfactory implementation, as attested by the high level of legal litigation on the matter, offer the opportunity not only to identify the critical issues of the informal care system but also to propose food for thought and give some suggestions to strengthen the protective network of family caregivers.