El marco legal de la discapacidad, después de la ley 1996 de 2019 en Colombia
Salazar Forero, Sebastián
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The 1996 law of 2019 is in charge of guaranteeing some fundamental rights, such as: human dignity, individual autonomy (make own decisions), independence and the right not to be discriminated against; These rights are protected in the “Convention on the Rights of Persons with Disabilities”, as an international human rights instrument of the United Nations, to the extent that it seeks inclusion for people with disabilities and achieves the development of their potential and skills as human beings throughout their life projects. It is worth clarifying that the previous one was ratified by Colombia.Through the Official Gazette of August 26, 2019, the 1996 law was announced, which establishes the regime for the exercise of legal capacity of people of legal age and who have a disability. Law 1996 of 2019 presumes the legal capacity of all people with this type of special conditions; This is not used to restrict legal exercise and your right to make decisions that allow you to develop fully in all areas of your life. This article aims to analyze the new challenges and the main changes introduced by this Law, which specifies that the legal capacity of all people is always presumed without distinction and with this that in no case the existence of a disability may be a reason to deprive or restrict the legal exercise of the person. It starts from the premise that people with disabilities can make their own decisions, can express their will and force themselves to fulfill their obligations autonomously by making use of supports. In this way, figures such as interdiction are eliminated from our legal system. As of the promulgation of this law, said interdiction totally removed the legal capacity, leaving important decisions for his life in the hands of a third party. It must be said that all this is seen from the perspective of a Social State of Law founded on respect for human dignity, in order to safeguard and guarantee each individual treatment according to their condition worthy of being human, as part of and member of society.