A BRIEF GLIMPSE UPON THE "PARADIGM SHIFT" REGARDING PERSONS WITH DISABILITIES - TALES OF CONSISTENCY
DOI:
https://doi.org/10.55516/ijlso.v4i1.191Cuvinte cheie:
Absolute nullity, virtual nullity, non-existence of the act, sexual differentiation, limitation periodRezumat
The article provides a detailed analysis of the paradigm shift introduced by the UN Convention on the Rights of Persons with Disabilities (CRPD). The CRPD, adopted in 2006, is recognized as a significant human rights treaty that reaffirms the universal concept of human dignity, applying it to all individuals, including those with mental disabilities. The convention emphasizes the need for legal frameworks to evolve, ensuring that persons with disabilities enjoy legal capacity on an equal basis with others. The historical context leading up to the CRPD is outlined, noting that earlier UN declarations and principles laid the groundwork by gradually recognizing rights of persons with disabilities. This development can be divided into three stages: the initial recognition of legal personality, the establishment of principles for mental health care, and finally, the CRPD's comprehensive approach to legal capacity.
A key focus of the article is the controversy surrounding Article 12 of the CRPD, which grants persons with disabilities the right to legal capacity in all aspects of life. This provision challenges traditional systems of guardianship and substitute decision-making, which have historically been used to manage the affairs of individuals with mental disabilities. The article discusses the debates and misunderstandings among national legislators regarding the implementation of this "paradigm shift," particularly the move from substitute to supported decision-making.
Overall, the article argues that the CRPD represents a culmination of decades of evolving legal principles aimed at ensuring equality and dignity for persons with disabilities. The author emphasizes the need for national laws to align with this new approach, ensuring that legal capacity is universally recognized, regardless of an individual's mental or physical condition.
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