The research group in Rights and Disability develops critical analysis in themes related to the fundamental rights’ regulation of people with intellectual, cognitive and psychosocial disabilities in Chilean juridical system, primarily, from a human rights perspective.
The inquiries have as purpose to identify different tensions between the national regulation and the obligations established in human rights treaties in disabilities matters -specially the Convention on the Righs of Persons with Disabilities, CDPR onwards-. On the grounds of a precise diagnosis around distinct thematic axes the project examines the diverse ways in which the regulation of fundamental rights’ exercise could contribute in advancing the demand for equal juridical capacity of people with disability, satisfying the support and care needs, necessary for this exercise.
The bases of this project are articulated around the idea that the exercise of legal capacity is a central issue for the effectiveness of the rights recognized by CRPD with regard to people with intellectual, cognitive and psychosocial disabilities as well as for the fulfillment of the duty of promotion, protection and assurance of rights by the State.
The study of theoretical proposals that allow to justify the claim for the rights of people with mental disability.
The study of juridical regulation, both national and international as well as compared, with the goal of fitting the internal law to the requirements formulated by the CRPD.
The development of an in-depth study of the several social life’s spheres in which the exercise of fundamental rights by people with mental, cognitive, and psychosocial disability presents problems, with the objective of identifying solutions sensitives to these contexts.
Relationships between Law and Disability