The ability to complete daily activities is something people often take for granted. In reality, many people struggle with certain activities due to various health issues and impaired bodily functions, and chronic illness is one of the most prominent. Unfortunately, chronic illnesses are largely underrecognized as conditions that can cause serious and lifelong disabilities. Consequently, sufferers are often excluded from disability coverage. As a result, on top of their health, they also struggle with limited access to social protection, adequate accommodation, and non-discrimination guarantees in various aspects.

Understanding Chronic Illness

Chronic illness refers to a long-term health condition that typically lasts three months or longer and is usually incurable and can only be managed. Concerningly, chronic illnesses are a leading cause of death and disability. It can be caused by genetic, physiological, environmental, and behavioral factors, with the largest group of chronic diseases falling under the category of non-communicable diseases (NCDs). 

Some of the most common chronic diseases are cardiovascular diseases (heart attack, stroke), cancers, chronic respiratory diseases (lung diseases, asthma), and diabetes. Beside NCDs, a number of infectious diseases can also become chronic when the infection persists over a long period, such as HIV/AIDS and hepatitis B.

Unlike acute diseases, which appear suddenly and usually last a short time, chronic illnesses tend to develop gradually and can lead to long-term functional limitations. In public health practice, they are often associated with the need for long-term care, routine medication, and adjustments to daily activities to prevent complications and maintain quality of life.

Limited Access in Indonesia

In Indonesia, people with chronic illnesses often struggle with limited access to various social protections. This occurs due to policy gaps, in which their condition is not formally recognized as a disability. As a result, many individuals experiencing long-term functional limitations due to chronic illness remain excluded from the legal protections typically afforded to people with disabilities, such as accommodations in education, employment, and public services.

For example, many people with chronic illnesses are unable to access employment opportunities designated for people with disabilities because they lack the administrative designation, even though they experience long-term functional limitations.

Similarly, access to social assistance programs or other affirmative services in Indonesia requires a disability designation as a basis for verification. Because there is no formal recognition, people with chronic illnesses are excluded from beneficiary databases designed for disability groups. Therefore, they cannot take advantage of the facilities or support available under those schemes.

Formal Recognition of Chronic Illnesses as Disabilities

On March 2, 2026, Indonesia’s Constitutional Court partially granted a petition for judicial review of Law No. 8 of 2016 concerning Persons with Disabilities (the Disability Law). The petition was previously filed by two chronic illness sufferers, Raissa Fatikha and Deanda Dewindaru, under case number 130/PUU-XXIII/2025.

The first applicant was Raissa Fathika. She has been living with Thoracic Outlet Syndrome (TOS), a condition that causes chronic pain in her right hand, shoulder, and upper chest since 2015. Meanwhile, the second applicant, Deanda Dewindaru, has been living with several autoimmune diseases, such as Guillain-Barré Syndrome, Sjögren’s Disease, and Inflammatory Bowel Disease, since 2022. They believed that their constitutional rights had been violated due to the lack of explicit recognition of chronic diseases as a type of disability in Article 1 number 1 and Article 4 paragraph (1) of the law.

In its ruling, the Constitutional Court re-interpreted the norm of the Explanation of Article 4 paragraph (1) letter a of the Disability Law as follows: “What is meant by Persons with Physical Disabilities is (those with) impaired motor function, including amputation, paralysis or stiffness, paraplegia, cerebral palsy (CP), due to stroke, due to leprosy, and small people, as well as people with or suffering from other chronic diseases after undergoing an assessment by medical personnel, which is a voluntary choice of the person with or suffering from chronic diseases.”

In its legal reasoning, the Constitutional Court emphasized that recognizing chronic illnesses as disabilities that are not always visible is crucial to ensuring effective legal protection for the rights of persons with disabilities. Without such recognition, individuals who experience functional limitations but do not exhibit visible physical signs of impairment potentially lose access to various forms of legal support and public policies.

“The recognition that chronic illness as a physical disability that is not always visible is a crucial element in ensuring that legal protection for people with disabilities is not merely symbolic, but can meaningfully benefit everyday life,” said Constitutional Court Justice Enny Nurbaningsih.

Right to Claim

The Constitutional Court further explained that the assessment mechanism is not intended to limit access to legal protection. Rather, it is to assess the extent of a person’s functional limitations, how they impact daily activities, and the necessary support. 

It is also important to note that the assessment and resulting disability status are not an obligation imposed on every individual who meets the criteria. Instead, the individual subjectively retains the right to determine how they are identified in the social and legal sphere. In other words, this status is positioned as a right to claim, not a duty to accept.

“The decision whether to identify as a person with a disability is an expression of free will protected by the principle of human dignity, where the law does not position people with chronic illnesses as objects of policy, but rather as holders of the right to determine their identity and life choices,” said Enny.

Ultimately, the recognition that chronic illnesses can be categorized as disabilities shall be a starting point for expanding access to legal protection, employment opportunities, education, and inclusive and equitable public policies and services.

Translator and Editor: Nazalea Kusuma

The original version of this article is published in Indonesian at Green Network Asia – Indonesia.

Co-create positive impact for people and the planet.

Amidst today’s increasingly complex global challenges, equipping yourself, team, and communities with interdisciplinary and cross-sectoral insights on sustainability-related issues and sustainable development is no longer optional — it is a strategic necessity to stay ahead and stay relevant.

Join Membership Partner with Us