Personas con discapacidad en el marco de la Ley 1996 de 2019
Chaucanez Morales, Yuri Dayana
MetadataShow full item record
On August 26, 2019, through the Official Gazette, the 1996 law of that year was announced, through which the regime for the exercise of the legal capacity of persons with disabilities of legal age is established. It is intended to guarantee respect for human dignity, individual autonomy, including freedom to make decisions, independence and the right to non-discrimination; which are consigned in the International Convention on the Rights of Persons with Disabilities, which seeks to eliminate those situations that reflect inequalities that violate rights, and that in the matter that concerns us, seek to favor the disabled population. Unlike other regulations that regulate the matter, the 1996 Law of 2019 presumes the legal capacity of all people with this type of special conditions, and that it is not used to restrict the legal exercise and their right to make decisions, which will allow you to fully develop all areas of your life. The purpose of this article is to carry out an analysis of the changes that this new Law introduces in terms of legal capacity; as well as the rights it seeks to guarantee with its entry into force. As the law assumes that all people without any distinction are capable of expressing their will, making decisions, committing themselves and complying with them, either by themselves or through the support provided by the law, figures such as interdiction remain removed from our legal system, which totally removed their legal capacity, leaving important decisions of their lives in the hands of a third party. All this seen through the lens of a social State of law, founded on respect for human dignity, in order to safeguard and guarantee each individual a treatment according to their dignity as a human being, as part and member of the society.