El reto de la accesibilidad y su incumplimiento por los poderes públicos: consecuencias de la inactividad reglamentaria
Since the International Convention on the Rights of Persons with Disabilities came into force in Spain in May 2008, the political and legal agenda of disability is on the go. The draft reform of article 49 of the Spanish Constitution is an example, as are also the right to vote, legal capacity or ac...
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| Format: | Article |
| Language: | Spanish |
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2019
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7238489 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 210, 2019, pags. 287-318 |
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| Summary: |
Since the International Convention on the Rights of Persons with Disabilities came into force in Spain in May 2008, the political and legal agenda of disability is on the go. The draft reform of article 49 of the Spanish Constitution is an example, as are also the right to vote, legal capacity or accessibility. This study focuses on the principle of accessibility, which is transversal to all public policies. Beyond the current rules approved in this regard both in the European Union and in Spain, this paper analyses the arguments leading the Supreme Court of Spain to rule in favour of the plaintiff, the Spanish Committee of Representatives of Persons with Disabilities (known as CERMI). Thus, ruling No. 384/2019 mandates the Spanish Government to pass a regulation establishing the basic accessibility and non-discrimination requirements for the access and use of goods and services available to the public by persons with disabilities. |
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