The special session proposal – dedicated to the research project “SUNRISE – Sustainable solutions for social and work inclusion in case of chronic illness and transplantation” – aims to explore the complex relationship between health and work. Indeed, the profound demographic changes have led to the progressive aging of the population and increasing life expectancy, which in turn results in a natural decline in overall health, leading to a higher likelihood of developing chronic diseases or requiring transplants.
International organizations, such as the ILO, OECD, WHO, and EU-OSHA, have highlighted the growing prevalence of chronic diseases as a significant challenge for healthcare and welfare systems. Indeed, chronic diseases – which originate from a pathologically irreversible alteration and require prolonged periods of observation and treatment, as well as special forms of rehabilitation – are identified by WHO as the foremost cause of mortality globally.
Acknowledging the gravity of this issue, UN member states have committed to reducing premature mortality from chronic diseases by one-third by 2030, as part of the Sustainable Development Goals of the 2030 Agenda. Moreover, in December 2023, the European Parliament adopted a resolution on chronic diseases, recognizing them as a paramount public health challenge within the EU. Chronic illnesses constitute the largest component of healthcare expenditure among member states, significantly impacting the quality of life for individuals, their families, and caregivers. The resolution urges member states to invest in healthcare innovation to reduce morbidity and mortality rates associated with these conditions.
Although managing the increase in the number of people affected by chronic illnesses or undergoing transplants may initially appear to be a matter of long-term care, focused on addressing the needs of an aging population through adequate public and private healthcare services, this perspective overlooks a broader challenge: (re)integrating people with chronic conditions and transplanted into the labor market. The increasing retirement age – exceeding 65 in many jurisdictions – along with the significant presence of people with disabilities or chronic illnesses below this threshold, calls for an urgent response from labor law and industrial relations. Major statistical surveys reveal that a growing number of working-age individuals, often too young to be excluded from the labor market, must manage chronic health conditions daily. The rising number of economically active individuals with precarious health, who are partially or wholly unable to work, tests the sustainability of welfare systems and challenges labor law institutions. This phenomenon impacts employment levels, income, career opportunities for long-term illness sufferers, and company organizational structures, demanding changes in work environments and conditions for labor inclusion. Moreover, returning to work after a transplant or prolonged treatment is particularly delicate and challenging, often inadequately supported. Individuals with transplants or chronic illnesses, especially progressive ones, require ongoing therapies and periodic examinations, and can no longer perform as before.
The present special session aims to discuss the state of the art at the international level and within the European Union legal framework – focusing on the Italian case – concerning the inclusion of workers with chronic illnesses and transplant recipients in the labor market. The discussion will center on the legal instruments designed to ensure sustainable and decent employment. The contributions from the speakers will examine the legal frameworks developed at the international and European levels to guarantee the effective and equal participation of these workers in professional life. Special attention will be given to international and European regulations (i.e., the UN Convention on the Rights of Persons with Disabilities; Directive 2000/78/EC), the case law of the Court of Justice of the European Union, and the role of collective bargaining and industrial relations systems.
The session will also explore how these frameworks can be enhanced from an evolutionary legal perspective. Through dialogue, it aims to identify strategies to implement policies, best practices, and methods of social dialogue that effectively promote workforce reintegration and social inclusion for individuals affected by chronic illnesses and transplant recipients.
