Congedo straordinario e tutela del disabile nell’interpretazione evolutiva della Corte costituzionale

[Autom. eng. transl.] With sentence no. 232 of 2018, the Constitutional Court declares the provision on extraordinary leave unlawful in the part in which, for the purpose of obtaining the provision, the cohabitation of the child with the person to be assisted is requested at the time of the application. The evolutionary interpretation of the institution of extraordinary leave by the judge of the law allows to reflect on the issue of disability, with particular reference to the effectiveness of the right to assistance and integration of the disabled, especially in the family. Furthermore, the ruling is an opportunity to reason about the limits to the legislator's discretion, when there is the need to guarantee an indefectible nucleus of guarantees for the interested parties.