Reformulando la protección de las personas con diversidad funcional a la luz de la distante Convención de Nueva York de 2006

Abstract

Art. 12 of the United Nations Convention of New York from 2006 on the Rights of persons with disabilities calls for the protection of the functionally different person to be personalized and to respect to the maximum extent his/her sphere of autonomy. The impact of the Convention within the Spanish legal order is noticed both by the last decade Supreme court judgments and by a good part of the doctrine. The institution of the custody is demonized disproportionately in order to advocate for partial guardianship as a more flexible institution of protection that adapts to the needs of the functionally different person; in a context where public investment in the social sector, inter-institutional connection to manage it in an appropriate manner and procedural tools in the hands of the judicial authority to grant a customised protection in conformity with the international texts are wanting.

Keywords

• partial guardianship
• incapacity
• disability
• functional diversity
• custody
• proceedings for legal incapacitation