Resumen

DAMIANI PELLEGRINI, Luis Romano. Theoretical and Conceptual Foundations of the United Nations Convention on the Rights of Persons With Disabilities: Human Rights Theory and the Social Model of Disability. Anu. Mex. Der. Inter [online]. 2023, vol.23, pp.391-424.  Epub 27-Nov-2023. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2023.23.17903.

The main objective of this paper is to point out and analyze some theoretical assumptions of the Human Rights Theory and the Social Model of Disability. In fact, these theories constitute the theoretical basis of the Convention on the Human Rights of Persons with Disabilities, which, together with the Optional Protocol, were adopted by the United Nations General Assembly in resolution 61/106 on December 13, 2006, in force since May 3, 2008. The Convention is the first legal text of international protection that characterizes discrimination against persons with disabilities on the basis of disability as a violation of human rights. According to our criteria, the treaty is a text that implies a revolution: it is in fact a new interpretative paradigm that profoundly transforms our way of explaining the relationship between the individual with disabilities and the society to which he or she belongs because it states, for the first time in history, that disability as a phenomenon is essentially a social construction, a social fact whose cause is essentially social.

Palabras llave : Disability; International Human Rights Law; Social Model of Disability; Convention on the Human Rights of Persons with Disabilities.

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