La representación del apoyo de la persona con discapacidad. El nuevo esquema de la capacidad jurídica en el perú

Translated title of the contribution: The representation of the support of the person with disability: The new scheme of legal capacity in peru

Research output: Contribution to journalArticlepeer-review

Abstract

Capacity is a subject of transversal interest in Law, it is present in all its fields. It is an attribute that every subject has through which he/she can perform acts that are not prohibited. Since 2018, by Legislative Decree 1384, we have a new treatment of capacity in the Civil Code that is in line with the guidelines in favor of the autonomy and full legal capacity of persons with disabilities, aligning national legislation to the International Convention on the Rights of Persons with Disabilities. The regime of substitution of the will of incapable persons is replaced by a social model through supports and safeguards. We are facing an inclusive, democratic model, according to the respect for the human rights of all citizens (dignity and equality), based on the principle that people with disabilities have full exercise capacity in equal conditions in each and every aspect of their lives, recognizing their right to make their own decisions as well as the right to make mistakes. The function of the support in favor of the disabled person is developed, analyzing their powers of representation. We start from the principle that the support does not replace the manifestation of will, it only interprets it and collaborates in an adequate manifestation of will so that the person with disability can exercise his legal capacity, enjoying his rights and freedoms.

Translated title of the contributionThe representation of the support of the person with disability: The new scheme of legal capacity in peru
Original languageSpanish
Pages (from-to)211-222
Number of pages12
JournalActa Bioethica
Volume27
Issue number2
DOIs
StatePublished - Oct 2021
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2021, Universidad de Chile - Centro Interdisciplinario de Estudios en Bioetica. All rights reserved.

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