Myer Evening Wear Dresses – Indeed, we live in historic times. The approval in the Council of Ministers on July 7, 2020 of the referral to the Cortes Generales of the bill amending the civil and procedural law to support people with disabilities in the exercise of legal capacity has been the first, necessary and decisive step. achieve the adequacy of our legal system to the International Convention on the Rights of Persons with Disabilities dated December 13, 2006 (hereafter CIDPD) .
And it’s time to remember, because after the parliamentary procedure has been completed, it will have been possible, among other things, to reform the Civil Code (hereinafter Cc), the basic rule for the rule of “people” announced. in 1889 and in the case of disability has been rooted in reform since 1983. Since the CIDP was implemented on May 3, 2008, reform is necessary.
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And I say anchored because, in addition to the terminology that is still maintained in some regulations (disabled, unable), it underlies the essence of the major reform that is important at the time, but where the main interest of attention is towards the patrimonial aspect. . , ignore the disabled. This formulation (with the introduced institutions and legal entities) is based on the spirit of the medical-rehabilitative disability model, which is associated with the isolation of disabled people and away from true social inclusion.
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The drafting of the correct civil law on the issue of disability will also be a point of reference to address the necessary reforms of special and procedural laws that will allow legal support to be given to the principles and regulations derived from the CIDPD. Lawyers should not forget that the Civil Code is used as an additional rule of law, both in matters governed by other laws (art. 4.3 Cc) and in areas with regional or special civil law (art. 13.2 Cc).
Since its implementation in Spain on May 3, 2008, we have witnessed repeated non-compliance with the CIDPD, non-compliance resulting in the violation of rights and the systematic establishment of situations of discrimination based on disability. In this unfortunate scenario, the great work of the associative movement, the progress of legislation, doctrine and law, as well as the progressive awareness in society of what the social model of disability means, becomes more important.
The correct reform will be accompanied by the application of the law, assuming that ALL people (with and without disabilities) are direct subjects (active and passive) of all the rules and institutions that make up our legal system, and for this to be small, it must give people no have the necessary support abilities and resources that allow to access and participate effectively and in a real way on equal terms with everyone.
We still have a lot of work to do in order to achieve the legal reforms that should have been implemented 12 years ago, but now is the time for trade union movements, social units and legal actors in general to send elements to improve the text. project and do not miss out on the historical moment that all of us are committed to look forward to.
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Our personal legal system is based on an important general principle: the principle of autonomy of the will and the maximum exponent of being able to give free consent, withdraw what is given due to error, violence, intimidation or fraud (art. 1265). CC).
In order to issue valid consent, it is necessary that the internal will and the external will coincide; that is, the willingness to love and understand the actions, the business, the contract they are doing.
It is necessary that people form their will as a result of complete information, training, education, criteria, in short, understanding of their own actions and consequences. And it is necessary that this inner will be externalized by transferring to the interlocutor will about the performance or not of a certain action.
Well, can we say that the funds are now guaranteed so that disabled people can legally and freely give their consent?
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The answer is that this guarantee generally does not exist, because there is no solid support system at the legal and social level. Therefore, cases where people with disabilities have a perfect inner will, but the “system” does not give a way to the outside, are still very frequent.
The fact that the inner will cannot be realized or realized does not mean that it does not exist. We cannot benevolently assert that a person with a disability is “disabled” because what happens is that the principle of design for all people is not respected, with a measure of universal accessibility, or adequate accommodation is not made. request.
Consider, for example, people with cerebral palsy who have difficulty communicating, deaf people who draw, whose interlocutors do not understand sign language, people with developmental disabilities who convey their wishes in an “abnormal” way or with speed, to be needed by us community.
Let’s also think of all the people who, due to their lack of accessibility, face inappropriate daily administrative procedures, architectural barriers that prevent access to bank or rental agency information. This does not mean that disabled people cannot apply for a loan, rent an apartment or apply for documents at the City Hall, it means that the “system” does not allow it.
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Thus, by preventing the formation of the inner will and the manifestation of the outer will, many people with disabilities are automatically EXCLUDED from LEGAL TRAFFIC.
Therefore, we are facing a historic moment. Because it is necessary to remove all these (and many other) situations of discrimination against people with disabilities.
In order to achieve changes in the text currently being drafted, we must work with confidence and courage in five broad lines, which will allow us to move from the current state of segregation to full and effective participation in society with the same disabilities as others.
Respecting the dignity of the person must respect the autonomy of the person in accordance with the principle of freedom in decision-making, i.a. The Constitutional Court firmly and clearly recognized in the order of February 14, 2011, that “the human right to legal personality, contained in Article 6 of the Universal Declaration of Human Rights of December 10, 1948, refers to the recognition of the right to the legal capacity of a person, so that any limitations or limitations of the capacity to act affecting the dignity of the person and the inviolable rights that are inherent, as well as the free development of personality (Article 10.1 EC) ».
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The primacy of testamentary autonomy is closely related to the separation of disability as a sign of a person’s marital status and acceptance of the disabled.
This does not mean lack of action. In other words, legislative reform (accompanied by changes in doctrine, in jurisprudence and in the activities of all legal actors in general) must be achieved to remove the legal and social stigmatizations that place disabled people in a plane of inferiority both to be the holder of rights and obligations and exercise.
Art is often forgotten. 322 Cc, a provision that envisages a presumption for all people (with and without disabilities): “adults are capable of all civil actions of life, except for the exceptions established in special cases by this Code.”
From now on, the scheme that applies to ALL people (with and without disabilities) is the same: all have legal capacity, all are considered to have legal capacity when they are of legal age, special legal capacity is required for some legal actions. or undertakings (for example, the adopter is 25 years old according to Art. 175 Cc), and some people are subject to legal prohibitions to carry out some legal actions (for example, the prohibition to buy goods in Art. 1459 Cc or to spend by will in Article 754 CC) .
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With the reform, we are moving towards solidity in the configuration of the disabled legal field and together with the recognition of rights (and duties), effective training must be ensured based on capacity / disability and must also be offered. guarantee that this training will be done with the same opportunities as others.
It will not be enough to recognize equality in the ownership of rights, but the support system and resources necessary to ensure the exercise of rights must be provided (something unusual.