Selbstkompetenz als Voraussetzung für Selbstbestimmung behinderter Frauen und Mädchen im Rehabilitationsrechtsverhältnis

Abstract

Self-competence is a keyword of modern reform legislation in public health and social policy in general and in disability law more specifically. The article defines self-competence from the perspective of constitutional law and describes the new provisions of Book 9 of the Social Code, SGB IX with relation to disabled women and girls. These new provisions are a response to new scientific analyses of the status of disabled women and girls. Their status is determined by multiple discrimination and by threat of sexual violence. Within this context self-competence means capacity for self-determination. Such an interpretation is in line with reforms in disability law, i. e. the adoption of anti-discrimination law. With this reform legislators pursue a shift in paradigm from the medical to the social model of disability. Such a paradigm shift demands new paths to be treaded in rehabilitation. Rehabilitation agencies have corresponding duties to protect and to promote.