Gumtree Sydney Exercise Bike – We are indeed living in a historic moment. The agreement of the Council of Ministers on July 7, 2020, regarding the bill amending civil laws and procedures aimed at supporting the exercise of the capacity of persons with disabilities, with reference to the Cortes Generales, is the first step that is necessary and necessary. the relevance of our legal system to the International Convention on the Rights of Persons with Disabilities of December 13, 2006 (hereinafter: CIDPD) [1].
And it’s time to remember, because with the conclusion of the parliamentary proceedings, there will be an opportunity to reform the Civil Code (hereinafter the Civil Code), as revealed in the basic rules of “person” management. in 1889, and since the issue of disability is rooted in the 1983 reform. Since the CIDP entered into force on May 3, 2008, the reform was necessary.
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And I say anchored because, in addition to being in each principle (disabled, helpless), it is the basis of a major reform that was important at the time, but the main interest was attention to the relationship. side. , ignoring the disabled person. This terminology (along with the institutions and legal entities it introduces) is based on the spirit of the medical rehabilitation disability model, which is associated with the segregation of disabled people and is far from true social inclusion.
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The correct version of the Civil Code on Disability Issues will also serve as a reference point for the necessary reforms of individual laws and procedures to enable legal support for the principles and regulations derived from the CIDPD. Lawyers should not forget that the Civil Code should be applied as a supplementary law, both to other laws (Article 4.3, Cc.) and in areas with regional or special civil law (Cc. Article 13.2).
Since it entered into force in Spain on May 3, 2008, we have seen a diversity of non-compliance with the CIDPD, a non-compliance that represents a violation of rights and a systematic finding of half-births based on disability. In this discouraging situation, the great work of the relationship movement, the legislative, educational and legal progress, as well as the positive awareness of society about what the social model of disability means, become more and more important.
Real reform comes with law enforcement if we assume that ALL people (disabled and non-disabled) are direct (active and passive) subjects of the rules and regulations – the institutions that make up our legal system, and so be it. In this case, it must provide the necessary support and resources to people with disabilities to enable them to access and participate effectively and authentically, on equal terms with all their peers.
We still have a lot of work to do to implement the legal reform that should have been done 12 years ago, but now is the time for a joint movement, social groups and legal activists in general to put in the textual correction elements. to not miss this historic moment when we are all committed to happy disability.
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Our private law system is based on an important general principle: the principle of the autonomy of the will, and its greatest reference is the ability to give free consent, independent of what was given due to mistake, force, fear or fraud. 1265 cc).
In order to give a valid consent, it is necessary that the internal and the external are at the same time; that is, the will to love and understand the upcoming action, deal, contract.
It is necessary for a person to create his will as a result of full information, education, training, criteria, in a word, understanding of the action itself and its effect. And it is necessary to produce this inner space in such a way as to convey to the interlocutor his will to perform a certain action or not.
Well, can we say that the means are currently in place for disabled people to give their consent legitimately and freely?
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The answer is generally that this guarantee does not exist because there is no strong support system at the legal or social level. That is why there are cases when disabled people have perfectly formed the inside, but the “system” does not offer the opportunity to give them the outside, still very often.
The fact that the inner will cannot be manifested or externalized does not mean that it does not exist. We cannot very kindly confirm that a disabled person is “disabled”, because what actually happens is that the principle of design for all, with universal access measures, is not followed, is general, or reasonable adjustments have not been made. need
Consider, for example, people with cerebral palsy who have difficulty communicating, deaf people who sign when their interlocutor does not know sign language, intellectually disabled people who do not convey their will “normally” or at such a speed. that we need it.
We also thought of all the people who, in the absence of access, are faced with unchanged daily administrative procedures and architectural obstacles that prevent access to banking and landlord information. This does not mean that the disabled cannot apply for a loan, rent an apartment or request a document from the City Hall, but that the “system” does not allow this.
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Therefore, by preventing the creation of the internal will and the manifestation of the external will, the majority of disabled people are automatically excluded from legal circulation.
Therefore, we are facing a historic moment. Because situations of discrimination against people with disabilities (and many other things) must be eliminated.
In order to change what is now a draft law, we must work safely and confidently along five general lines that will allow us to move from the current division to the full and effective participation of people in society. people with disabilities, just like everyone else.
Respect for the dignity of the person necessarily includes, among other things, respect for the independence of the person according to the principle of freedom of decision-making. In its decision of February 14, 2011, the Constitutional Court firmly and clearly recognizes that “the human being’s right to legal personality, which is included in Article 6 of the Universal Declaration of Human Rights, on December 10, 1948, means the recognition of the right. to the person’s capacity to act, so that any restriction or limitation of his capacity to work affects the dignity of the person and the inalienable rights associated with it, as well as the free development of the personality (EC Article 10 (1)).
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The primacy of the autonomy of the will is closely related to the distinction of disability as a marker of the person’s family status, and the acceptance of this disability.
This does not mean a lack of functional capacity. In other words, the legal reform (along with changes in the activities of educational, legal and generally all legal actors) must be implemented in order to eliminate the legal and social stigmas that stigmatize disabled people. both the holder of rights and duties and their enforcement.
Art is often forgotten. § 322, a decree that considers all people (with and without disabilities) the presumption: “adults are capable of all activities of civil life, except for the exceptions specified in this code.”
Since then, ALL people (disabled and non-disabled) have the same system: they are all capable of acting, they must be considered capable of acting when they are of age, some tasks require special abilities. or legal businesses (for example, that the adopter is 25 years old according to article 175 of the Cc.) and some persons are prohibited by law from performing certain legal acts (for example, they are not prohibited from buying art products. 1459 Cc or article 754 of the Cc. dispose of with proof.
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With the reform, we are moving towards the stability of the regulation of the legal field of disabled persons, and together with the recognition of their rights (and duties), it is necessary to ensure the effective exercise of their ability/disability, even . gave a guarantee that this exercise will be carried out on an equal basis with others.
It will not be enough to recognize equality of rights in the possession of rights, but the support system and resources necessary to ensure the enforcement of rights (be very specific).
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