Models of Disability and Their Influence on Judicial Decisions: A Preliminary Approach from the Perspective of the Spanish Case Law
Models of Disability and Their Influence on Judicial Decisions: A Preliminary Approach from the Perspective of the Spanish Case Law
Author(s): Antonio-Luis Martínez-PujalteSubject(s): International Law, Human Rights and Humanitarian Law, Health and medicine and law, Court case
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: disability; the Convention on the Rights of Persons with Disabilities; judicial interpretation of the law;
Summary/Abstract: The purpose of this article is to show the influence on judicial decisions of the approach to disability embedded in the person’s mentality. Abrief introduction to the different paradigms of disability is previously provided, distinguishing mainly between the medical and the social model, and noting that the latter has been incorporated by the Convention on the Rights of Persons with Disabilities. The analysis of two recent decisions of the Spanish Supreme Court illustrates the influence of the different models of disability on legal judgements. Finally, some conclusions from this analysis are suggested, which can mark a path for future research.
Journal: Studia Iuridica Lublinensia
- Issue Year: 29/2020
- Issue No: 3
- Page Range: 173-185
- Page Count: 13
- Language: English