Delegated responsibility: the figure of amministratore di sostegno between legal changes and the flexibility of law.** In the context of the legal changes that have affected the Italian society over the last two decades, this article investigates the figure of amministratore di so-stegno, introduced by law in 2004, as care responsible for people in condition of fragility. At the macro level, the analysis delves into the evolution and characteristics of such legal change. At the micro-level, it focuses on the case study of the Marche region, in relation to people with disabilities in the case of absence of parents or family members. The data relating to the trans-formation of the law into living practice show several critical aspects: in fact, the analysis high-lights that the flexibility, characterizing Law n. 6 of 2004, provides wide space for delegating to social services and civil society the responsibility for caring of fragile people. Such result seems to confirm the process of de-juridification of society. This trend poses the risk of in-creasing inequalities at local level, within the Italian residual and familistic welfare system, characterized by already severe regional differences.
Responsabilità delegata: l’amministratore di sostegno tra mutamento giuridico e flessibilità del diritto
angela genova
Writing – Original Draft Preparation
2020
Abstract
Delegated responsibility: the figure of amministratore di sostegno between legal changes and the flexibility of law.** In the context of the legal changes that have affected the Italian society over the last two decades, this article investigates the figure of amministratore di so-stegno, introduced by law in 2004, as care responsible for people in condition of fragility. At the macro level, the analysis delves into the evolution and characteristics of such legal change. At the micro-level, it focuses on the case study of the Marche region, in relation to people with disabilities in the case of absence of parents or family members. The data relating to the trans-formation of the law into living practice show several critical aspects: in fact, the analysis high-lights that the flexibility, characterizing Law n. 6 of 2004, provides wide space for delegating to social services and civil society the responsibility for caring of fragile people. Such result seems to confirm the process of de-juridification of society. This trend poses the risk of in-creasing inequalities at local level, within the Italian residual and familistic welfare system, characterized by already severe regional differences.File | Dimensione | Formato | |
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