State of the Reform of Legal Capacity in Chile

Authors

  • Pablo Marshall School of Law, Universidad Austral de Chile

DOI:

https://doi.org/10.19164/ijmhcl.27.1198

Abstract

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.

Author Biography

Pablo Marshall, School of Law, Universidad Austral de Chile

Dr Pablo Marshall, Professor of Law, School of Law, Universidad Austral de Chile

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Published

2021-12-23

Issue

No. 27 (2020): pp.58-94

Section

Articles and Comment

License

Copyright (c) 2021 Pablo Marshall

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