legal capacity: a necessary reflection in the light of the convention on the rights of the persons with disability
;Álvaro Benavides López
cardiology research and practice2015pp. ág. 39-56
83
lpez2015anuariolegal
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.