Disability and Constitution
Pp. 29-39 (11)
Rafael de Asis Roig
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).
Constitution, Disability, Interpretation, Non-discrimination.
‘Bartolome de las Casas’ Human Rights Institute, Carlos III University of Madrid, Madrid, Spain.