Open AccessState of the Reform of Legal Capacity in Chile
Author(s) -
Pablo Marshall
Publication year - 2021
Publication title -
international journal of mental health and capacity law
Language(s) - English
Resource type - Journals
ISSN - 2056-3922
DOI - 10.19164/ijmhcl.27.1198
Subject(s) - ratification , legislation , inclusion (mineral) , state (computer science) , convention on the rights of persons with disabilities , political science , mental capacity , law , legal guardian , law and economics , human rights , sociology , psychology , psychiatry , politics , social science , algorithm , computer science
The Chilean legal regulation of disability has advanced towards an adequate legal framework for the progressive development of state practices respectful of the rights of people with disabilities. The ratification of the CRPD (2008) has been followed by an increasing amount of legislation directed to the inclusion of people with disabilities. The most important of this new disability regulation is the Law 20422 [on equal opportunities and social inclusion of people with disability]. Chile, in this way, can be regarded as a slow but persistent student of the teachings of the CRPD. Despite these positive developments, certain obligations under the CRPD are still pending, especially clear in the legal regulation affecting mental disability. The controversies surrounding legal capacity and mental health law are probably the most important issues surrounding the hesitation to carry out a reform.