Disability and citizenship

Tratamiento jurídico de la parentalidad de las personas con discapacidad en Chile [Legal treatment of parenthood of people with disabilities in Chile]


Beatriz Ruiz Sánchez y Pablo Marshall Barberán


Points of interest:

  • The authors study how parental relationships involving people with disabilities are handled. This study is conducted from the perspective of Family Law.
  • People with disabilities face barriers to becoming parents. These difficulties are linked to social prejudices. One example is the prejudice that people with disabilities are incapable of providing care.
  • In terms of regulations and laws, much progress has been made in protecting the rights of parents of people with disabilities. The problem is that in practice, the laws don’t work as they should.
  • The authors mention that Chilean laws and courts recognize the parental rights of people with disabilities. However, further progress is needed in providing support to mothers and fathers with disabilities in raising their children. A stronger effort from the State is also needed to eliminate discrimination and stigma against mothers and fathers with disabilities.

 

Notes:

  • The following summary was prepared by the Millennium Nucleus DISCA and is based exclusively on the publication. Therefore, it cannot be used for citations or references.
  • This article was originally published in Spanish.


Ruiz Sánchez, B. & Marshall Barberán, P. (2026). Tratamiento jurídico de la parentalidad de las personas con discapacidad en Chile. Revista Chilena de Derecho & Ciencia Política, 17(1), pp. 1-33. https://doi.org/10.7770/rchdcp/V17N1-art464


https://doi.org/10.7770/rchdcp/V17N1-art464