Las garantías del modelo de asistencia para la capacidad de las personas con discapacidad mayores de edad en Colombia

Abstract

The present research work aims to demonstrate that the Colombian State has transgressed the rights of people with disabilities for a long time, subjecting them to the loss of their legal capacity for years, limiting their right and beyond their will and free development of Personality, among other social problems that we face, has caused the problem that is the object of this research, which seeks to investigate the jurisprudential gap regarding the legal capacity of people with disabilities that, as of August 26, 2019 , they can initiate the procedures for the assignment of support and advance directives for the full exercise of the legal capacity of people with disabilities of legal age. Thus, we will deal with the 1996 law of 2019 that regulates the exercise of legal capacity of persons with disabilities of legal age, factual and legal situation that arises as compliance with the United Nations Convention on the rights of persons with disabilities, ratified by 182 States. In Colombia, approved by law 1346 OF 2009 and ratified on May 10, 2011, it causes curiosity that from 2009 to 2019 effective guarantees have not yet been given to the exercise of the legal capacity of people with disabilities.