Current and Future Developments in Law

Volume: 1

Disability and Constitution

Author(s): Rafael de Asis Roig

Pp: 29-39 (11)

Doi: 10.2174/9781681085760117010006

* (Excluding Mailing and Handling)

Abstract

The International Convention on the Rights of People with Disabilities marks a turning point in the treatment of disability and among its most noteworthy features is that it treats disability as a question of human rights. In Spain, this Convention, which is inspired by the so-called social model of disability (and also in the model of diversity), has relevance at the constitutional level. According to Article 10.2 of the Spanish Constitution, the Convention has a fundamental effect on how the rights recognized in it are to be understood. This article proposes a reading of the Constitution according to the social model of disability (and the diversity model).


Keywords: Constitution, Disability, Interpretation, Non-discrimination.

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