Decision of the Council of State, III Section, No. 5337 of 8 October 2015

With decision No. 5337/2015, the Council of State upheld the appeal against decision No. 659/2015 of the Regional Administrative Court of Lombardy, which annulled a competition notice for recruiting the staff of certain day centers for assisting people with disabilities, insofar it did not require that candidates for the position of coordinator and educators at the centres belong to health personnel. The Council of State has reputed that, in accordance with the UN Convention on the Rights of Persons with Disabilities, disability is not to be solely regarded as an health issue, but must be dealt with in such a manner as to promote the social inclusion of persons with disability. In this line, the staff of the assistance centers cannot be formed only by health personnel, but must include other persons with educational and other various skills, able to improve the life quality of people with disabilities.