Luces y sombras de la implementación del Modelo de Toma de Decisiones con Apoyo en Personas con Discapacidad Intelectual - PcDI. Una mirada Interseccional a partir del análisis documental, en el marco de la Convención sobre los Derechos de las Personas con Discapacidad - CDPcD
Thesis
The purpose of this thesis is to analyze the implementation of the Support Decision Making Model (SDM) for Persons with Intellectual Disabilities (IPD) from an Intersectional Perspective and in a situated manner in Colombia after the approval and ratification of the Convention on the Rights of Persons with Disabilities (CRPD). In this scenario, it is possible to characterize the availability of support for IPD and when analyzed from an Intersectional Perspective, to approach a new and intricate form of inequality, by allowing the recognition of experiences and contexts that were not previously possible to identify (Balanta - Cobo and Padilla - Muñoz, 2019) and thus advance in the recognition of normative and attitudinal transformations - regardless of personal history or intensity of support required - by questioning the varied and complex forms of classification that continue to be present in the normative scenarios of the States parties. At the jurisprudential level, some developments stand out around the issue of the support model and the exercise of legal capacity (Minjusticia, 2018). Initially, multiple violations of fundamental rights were recognized and, within the framework of the CRPD, pronouncements were made that put in tension the interdiction, which at first were characterized by the limited allusion to the SDM; but, progressively, they revealed the interest in recognizing the importance of supports and making explicit situations of legal capacity in the context of the CRPD, which are still present in the normative scenarios of the States parties.
publication date
May 23, 2024 10:31 PM
Research
keywords
Convention on the Rights of Persons with Disabilities
Documental Analysis with Intersectional Perspective