Current and Future Developments in Law

Current and Future Developments in Law

Volume: 1

Human Rights Issues and Vulnerable Groups

This volume covers topics related to human rights issues and problems of people who are overwhelmed by hostile situations around them and are subsequently rendered vulnerable. The situations of ...
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Disability and Constitution

Pp. 29-39 (11)

Rafael de Asis Roig

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.

Affiliation:

‘Bartolome de las Casas’ Human Rights Institute, Carlos III University of Madrid, Madrid, Spain.