La reforma constitucional de los derechos de las personas con discapacidad

Resumen

The rights of people with disabilities have evolved from a medical-rehabilitative context, with a clearly paternalistic and protectionist tone, towards the sphere of the full exercise and enjoyment of fundamental rights and public freedoms in conditions of full equality, autonomy and social inclusion. This trend was reflected since the beginning of the century in the different regulations approved both at state and regional level, thus consolidating an authentic normative body when it comes to regulating these rights, whose definitive recognition at the international level came after the approval, in 2006, of the UN Convention on the rights of people with disabilities. In this legal and international context, it seems obvious that the renewed consecration of the rights that correspond to this group had its embodiment in the Constitution. Precisely, this work analyses the virtuality and legal scope of the reform of art. 49 CE carried out in 2024