Abstract
This paper analyzes the recent reform regarding the legal capacity of persons with disabilities in Peru. It provides a domestic legal and judicial context in which the reform was adopted. Following this, the paper aims to analyze the reform’s conformity with article 12 of the Convention on the rights of persons with disabilities, noting that the current regulation is only partially CRPD compliant. The current design of judicially designated supporters can be understood as valid under specific interpretations of Article 12, while the design of safeguards does not comply with such standard. The paper addresses the impact of legal capacity reform in traditional private law theory of the juridical act. Currently, the Peruvian system does not provide clear or accurate standards to respond to this problem. The paper shines a light on the need to rethink multiple concepts of private law in order to make legal capacity reform fully operational.
Highlights
This paper analyzes the recent reform regarding the legal capacity of persons with disabilities in Peru
I will assess the impact the Reform has had on the concept of free will and how this affects the basic tenets of Private Law
Private Law has to change to adapt to the recognition of legal capacity of persons with disabilities
Summary
Implementation of Article 12 of the Convention of the Rights of Persons with Disabilities (CRPD) is one of the most critical issues in disability rights nowadays. Article 12 CRPD is entitled “Equal recognition before the law” and it has 5 sections: legal personhood (passive capacity), legal capacity (capacity to act), supports, safeguards and access to property and financial services. This means that States “shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life” (Article 12.2). “States must holistically examine all areas of law to ensure that the right of persons with disabilities to legal capacity is not restricted on an unequal basis with others” This debate, as well as others, will inform my analysis throughout the paper
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
