Resumen

MARSHALL BARBERAN, PABLO. THE EXERCISE OF RIGHTS BY PERSONS WITH MENTAL DISABILITIES IN CHILE: INTERNATIONAL LAW, THEORETICAL PERSPECTIVES AND CASES OF STUDY. Rev. derecho (Concepc.) [online]. 2020, vol.88, n.247, pp.45-81. ISSN 0303-9986.  http://dx.doi.org/10.29393/rd247-2pmed10002.

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This paper addresses the need to adapt domestic legislation regarding the exercise of rights by people with disabilities, especially mental disabilities, considering the obligations set forth in Article 12 of the Convention on the Rights of Persons with Disabilities. It is argued that this task would benefit from identifying a conceptual and theoretical framework capable of solving problems of exercising rights; from paying attention to the developments of the implementation of the Convention in relation to legal capacity regimes in comparative law; and from proposing standards and determine adequate norms for the exercise of rights of people with mental disability in different areas of their lives.

Palabras clave : Disability; People with mental disabilities; Fundamental rights; Human Rights; Legal capacity; Convention on the Rights of Persons with Disabilities.

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