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Parallel Session 10.8
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| Presentations | |
Sustainable Solutions for Social and Work Inclusion in Case of Chronic Illness and Transplantation 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. Presentations of the Special Session Towards a New Understanding of Disability: The Challenge of Reasonable Accommodations The paper examines the evolving concept of disability within international and European Union legal frameworks, focusing on the UN Convention on the Rights of Persons with Disabilities (CRPD) and the jurisprudence of the European Court of Justice. It contrasts the bio-psycho-social model of disability with the traditional biomedical model, analyzing its implications for extending legal protections to workers affected by chronic illnesses and transplant recipients. The study highlights the increasing prevalence of chronic illnesses among the working-age population and the necessity of ensuring their labor inclusion. Central to this discussion is the concept of reasonable accommodation, as defined in the CRPD and interpreted by the UN Committee, which facilitates sustainable employment for individuals with disabilities. By recognizing reasonable accommodation as both a legal obligation and a tool for fostering inclusive labor markets, the paper advocates for workplace adjustments that enhance employment accessibility and retention for workers with disabilities. The Protection of Workers with Chronic Illnesses: Between (New) Professional Roles and Organizational Solutions Amid current demographic shifts, it is crucial to analyze how industrial relations systems ensure the right to work for individuals with specific health conditions. In Italy, the focus primarily centers on job retention, with collective bargaining frequently granting varying retention periods for workers with chronic illnesses or disabilities. However, collective bargaining has also influenced work organizations to promote the inclusion and skill development of these workers. Measures such as part-time transitions, access to remote work, specific leave entitlements, and tailored training programs illustrate efforts to foster active participation for workers facing health challenges. Additionally, social partners have initiated projects to develop roles that support workers navigating health-related job transitions. This paper examines collective bargaining initiatives in Italy regarding the rights afforded to workers and the creation of new professional roles, aiming to evaluate current policies and explore further interventions to address workplace demographics challenges. Employment Inclusion for Young People with Chronic Illnesses and Transplants: Challenges and Possible Solutions Employment inclusion for young individuals with chronic illnesses and transplant recipients presents unique challenges due to their vulnerability during the transition from education to the labour market. These individuals face significant disadvantages throughout their educational and professional journeys, leading to a higher risk of social exclusion. While policies provide support mechanisms for hiring and employing individuals with disabilities, these measures often fall short, especially for younger individuals. The paper aims to analyse how the intersection of youth and disability creates complex challenges in acquiring professional skills, job search, and job stability. It will also explore labour policies and regulations that promote the inclusion and valorisation of these young individuals' skills. Emphasizing the importance of creating inclusive and accessible work environments, the paper will investigate how collaboration between institutions, employers, and civil society organizations is crucial to overcoming barriers and ensuring equal opportunities for all workers, regardless of their health conditions. | |