Aplicação no brasil da convenção sobre os direitos da pessoa com deficiência
Loading...
Identifiers
Publication date
2016
Reading date
Authors
Advisors
Journal Title
Journal ISSN
Volume Title
Publisher
Metrics
Export
Abstract
The International Convention on the Rights of Persons with Disabilities
replaces the individual, subjective and medical paradigm of the person with mental suffering
under the bias of segregation and neutralization of the factual situations with a social model
inclusive of human rights, of the promotion of dignity that results in a transcendent turn in
the condition of the person with disability, in two manners: a) ensuring access to
fundamental rights (housing, health, education); b) reinforcing the private autonomy of the person with disability - even when under a curatorship - by creating and reformulating
proportional and flexible legal models that are capable of preserving the space of self care of
the subject of such rights, to the extent possible. There is a social context that requires
adjustment so that all human beings may actively participate in community life and remain
in the center of the decisions that affect them. Legal and sanitary classifications can no
longer be based solely on mental health precedents or diagnosis. This new paradigm has an
expansive force that spreads into other sectors, requiring a reconfiguration of the limits of
the ability to act, the invalidity of business transactions, and the protection of the person
and their equity. Incapacity will be a residual, exceptional, and restrictive response used
only when the less encumber some alternative of restriction of capacity is inappropriate given
the person’s total impossibility of interacting with its environment and expressing their will,
and provided that the support system set as initial help for the exercise of capacity is
lacking
Description
Bibliographic reference
Rosenvald, Nelson. Aplicação no brasil da convenção sobre os direitos da pessoa com deficiência. En: Actualidad jurídica iberoamericana, 2016, Número 4-3: 123-143