Discapacidad y sociedad democrática
The effectiveness of the rights and freedoms of persons with disabilities are moral claims perfectly compatible with the aspirations of a pluralistic democratic society. The inclusion of non-discrimination as an element of the mainstream of public policies of the State highlights the existence of a...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2010
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3335685 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 24, 2010, pags. 143-164 |
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| Summary: |
The effectiveness of the rights and freedoms of persons with disabilities
are moral claims perfectly compatible with the aspirations of a pluralistic
democratic society. The inclusion of non-discrimination as an element of
the mainstream of public policies of the State highlights the existence of a
widespread acceptance by the community of the situation of marginalization
to which persons with disabilities have been traditionally subjected. Hence
the importance of taking affirmative actions in order to promote the full
enjoyment of fundamental rights.
The subject of disability has not always been part of the human rights
discourse. This explains why in different historical contexts using degrading
and inhuman methods and procedures for the treatment of disability not
only was �and still is� a common practice, but is also a fact that eventually
acquire full legitimacy with time. In the best cases people with disabilities
are considered �sick� and their project of life has meaning only insofar as
they get to overcome their situation of �abnormality.� Even today the idea
persists that disability is an issue that is confined exclusively in the field of
medicine and social security (medical-rehabilitative model). However, in recent years a new way to address this issue has become
stronger and that is a shift of paradigm in regard to the traditional pattern of
disability. From this new approach (social model of disability), it is conceivable
that unfounded restriction of the enjoyment of the rights of people with a
deficiency is not caused by individual �disabling� circumstances, but comes
from the one-way and excluding construction of the society. In short, it is
conceivable that disability is not a situation that has strictly private purposes
but is an issue for human rights. |
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