INCIDENCE OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES IN SPANISH LAW

The ratification by Spain of the Convention on the Rights of Persons with Disabilities has meant abandoning the medical or rehabilitation model and accepting a social protection model, in which the principle of non-discrimination of persons whose capacity has to be modified prevails. Judges and magistrates, through the contentious jurisdiction, are the only ones legitimized to carry out such modifications, curating being established as the most suitable means for this because it is a flexible institution designed especially for cases of partial disabilities. However, having been declared constitutional by the High Court the current existing regulations, respect for the spirit of the international standard makes it necessary that in the future the Spanish legislator attend the accredited doctrinal voices that demand reforms that achieve greater streamlining procedures, new terminologies, and a greater specialization of all the professionals involved in the capacity procedures, among others.