Legal capacity: a necessary reflection in the light of the Convention on the Rights of the Persons with Disability

Abstract

The Convention on the Rights of the Persons with Disability establishes a far-reaching change of paradigm in the regulation of the legal capacity that consists in the recognition of capacity of exercise of persons with disability and in the change from the system of substitution to the system of support in decision-making. This article aims to present the regulation of the legal capacity in the Chilean law system and the impact that this rights-based approach causes. Finally, it invites to reflect upon some issues that may be significant for the full application of the article 12 of the Convention in our country.