Legal capacity: a necessary reflection in the light of the Convention on the Rights of the Persons with Disability
The Convention on the Rights of the Persons with Disability establishes a far-reaching change of paradigm in the regulation of the legal capacity that consists in the recognition of capacity of exercise of persons with disability and in the change from the system of substitution to the system o...
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| Format: | Article |
| Language: | Spanish |
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Universidad de Chile
2015-10-01
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| Series: | Anuario de Derechos Humanos |
| Online Access: | https://anuariocdh.uchile.cl/index.php/ADH/article/view/37487 |
| Summary: | The Convention on the Rights of the Persons with
Disability establishes a far-reaching change of paradigm
in the regulation of the legal capacity that
consists in the recognition of capacity of exercise
of persons with disability and in the change from
the system of substitution to the system of support
in decision-making. This article aims to present
the regulation of the legal capacity in the Chilean
law system and the impact that this rights-based
approach causes. Finally, it invites to reflect upon
some issues that may be significant for the full
application of the article 12 of the Convention in
our country. |
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| ISSN: | 0718-2058 0718-2279 |