Núcleo Disca

Disability and citizenship

Author Archives: Comunicaciones Núcleo DISCA

  1. Nuevas regulaciones, mismos problemas: el consentimiento informado de niños, niñas y adolescentes en Chile tras la reforma a la Ley 20.584 [New regulations, same problems: the informed consent of children and adolescents in Chile after the reform to Law 20.584]

    Comments Off on Nuevas regulaciones, mismos problemas: el consentimiento informado de niños, niñas y adolescentes en Chile tras la reforma a la Ley 20.584 [New regulations, same problems: the informed consent of children and adolescents in Chile after the reform to Law 20.584]

    Points of interest:

    • Laws are being amended and new developments in health legislation are being introduced, but solutions are needed due to the problems it presents.
    • Law 21.331 presents legislative innovations in Mental Health, including health legislation considering children and adolescents.
    • It is important to consider the human rights of children and adolescents in relation to mental health.
    • Law 20.584 regulates the rights and duties of individuals in their health care.
    • Informed consent for health procedures and treatments needs solutions in the reform of the Law.
    • Children and adolescents are affected by the new regulation of the Law on informed consent.

     

    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.

  2. The Functional Model of Legal Capacity: An Analysis of the Regulation of Legal Capacity in three Common Law Jurisdictions

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    This paper introduces the developments of the functional model of legal capacity in the Common Law tradition to Spanish-speaking academic audiences. To achieve this, a brief comparison is drawn between different models to assess whether an adult lacks the necessary capacity to enter legal transactions. It is observed that, out of all these models, the functional model is the only one currently enjoying relative acceptance. For this reason, we comment on its virtues and defects. After the introductory part, this piece moves on to a study of how forensic practice in three jurisdictions that are considered examples of this legal tradition, namely England and Wales in the United Kingdom, British Columbia in Canada, and Queensland in Australia, all regulate the legal capacity of people with disabilities.

     

    Note: This article was originally published in Spanish and English.

  3. Disability in the Chilean constitutional process

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    This article provides an overview of the constitution-making process currently developing in Chile from a disability perspective, focusing particularly on the process led by the so-called ‘Constitutional Convention’. First, we describe the measures taken to include persons with disabilities in the composition of the constitutional body tasked with writing the new constitution and how persons with disabilities could participate in the construction of disability as a constitutional matter. Then, we focus on several provisions of the proposal for the new constitution of Chile elaborated by the Constitutional Convention that refer to the rights of persons with disabilities. It is argued that although the proposal drafted by the Constitutional Convention was ultimately rejected, it must not be considered irrelevant to the constitutional protection of the rights of persons with disabilities in Chile. Both for substantive and procedural reasons, the constitutional process led by the Constitutional Convention offers solid ground to advance the rights of persons with disabilities as a constitutional issue.

     

    Note: This article was originally published in English.

  4. Mujeres en situación de discapacidad: Cuando el acceso a derechos reproductivos sigue siendo un privilegio [Women with disabilities: When access to reproductive rights remains a privilege]

    Comments Off on Mujeres en situación de discapacidad: Cuando el acceso a derechos reproductivos sigue siendo un privilegio [Women with disabilities: When access to reproductive rights remains a privilege]

    Points of interest:

    • The research team from Corporación Miles and external partners publish the fifth report dealing with Sexual and Reproductive Rights in Chile.
    • It is important to recognize the reality of girls and people with disabilities.
    • The report provides background information and arguments on the sexual and reproductive health status of girls and women with disabilities.
    • Miles Corporation provides this report to be useful in the work of other organizations or individuals.
    • It is important to share the desire to protect and ensure the sexual and reproductive rights of girls and women with disabilities in Chile and in other countries.

    Notes:

    • This publication corresponds to a chapter of the book “Women in situations of disability: when access to reproductive rights remains a privilege”.
    • 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 book is in digital format and can be downloaded for free from the Miles Corporation website.
    • This book was originally published in Spanish.

  5. “Look at Me!”: The Public and Digital Political Campaigns of People With Disability During Chile’s Sociopolitical Crisis

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    In a context of multiple crises, an important number of people with disability competed to participate in drafting a new constitution in a remote Latin American country. Their experience shows how the way of looking at disability is structured. Based on interviews with candidates to be members of the Chilean constitutional convention, the study examines how they react to contemptuous, deindividualizing, and assistencialist ways of looking that devalue, invisibilize, and cancel them. However, both on the streets and in digital networks, they deploy strategies to counteract this “distribution of the sensible.” An adaptative strategy seeks assimilation through a “we are not different” and “we are equally capable” response to looking. A second strategy, based on differentiation, seeks to build recognition of uniqueness, with candidates hoping to receive a look that recognizes them and allows them to position themselves as leaders to follow: “I saw you, I recognize you, I follow you.”

     

    Note: This article was originally published in English.

  6. Study of a set of reading precursors among Chilean children with Down syndrome

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    This article, published in Frontiers in Psychology, presents important findings on reading acquisition in Chilean children with Down syndrome.

    Points of interest:

    • This study explores the performance of 42 Chilean children with Down syndrome on a set of reading precursors (phonological awareness, visual recognition, vocabulary, letter knowledge, and verbal reasoning). The age of these children ranges from 6 to 11 years.
    • 23 participants attended special schools and 19 attended regular schools. The analysis led to reflection on the transformations that should be considered when designing educational programs aimed at reading instruction for children with Down syndrome.
    • The results suggest that children with Down syndrome exhibit a significant improvement in performance after the age of 7, based on the differences found among the three age groups compared in this study.
    • There is a general delay in reading precursors within the group, indicating that children with Down syndrome require even more time to strengthen these skills and, thereby, progress in the formal process of learning to read.
    • The results obtained also suggest that the reading skills of a group of Spanish-speaking children with Down syndrome are sensitive to change and improve with age.

     

    Notes:

    • The following summary was prepared by Núcleo Milenio DISCA and is based exclusively on the original publication. Therefore, it should not be used for citations or references.
    • This article was originally published in English.

  7. Politico-Epistemic Tensions Regarding Personal Assistance and Care for People with Disabilities: An Integrative Literature Review

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    Since the 1960s, the Independent Life Movement has demanded personal assistance as a right for people with disabilities to access autonomy. In turn, feminist movements have shown a special concern for the care and profile of the providers. Both postures have created tensions around the provision of personal assistance and care for people with disabilities.

    Aim: To know and analyze the scientific evidence regarding approaches to personal assistance and care for people with disabilities.

    Methods: An Integrative Literature Review using five databases: Dialnet, Scielo, PubMed, Scopus, and Web of Science. The Boolean combinations were: “Personal assistance AND disability”; “Personal assistance AND care AND disability”; “Care AND disability” in English, and “Asistencia personal AND discapacidad”; “Asistencia personal AND cuidados AND discapacidad”; “Cuidados AND discapacidad” in Spanish. A total of 31 scientific articles were obtained. A content analysis was then, with five analysis dimensions emerging.

    Results: The articles approached the positive aspects of personal assistance. Others established the need for more resources in order to not be an exclusive reality for developed countries. Profiles were made of racialized, young, migrant women as the identity behind (informal) care. From the perspective of a feminist disability care ethic, new forms of providing care are proposed, by changing the focus from individual and family responsibility, towards a social and collective focus.

    Conclusion: The evidence analyzed considers various dimensions of the epistemo-political tension between personal assistance and care. The meeting point between both perspectives is interdependence and autonomy; on the one side, for people with disabilities, and on the other, for the women profiled as the main caregivers.

     

    Note: This article was originally published in English.

  8. Are We Closing the Gap? Reforms to Legal Capacity in Latin America in Light of the Convention on the Rights of Persons with Disabilities

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    This Article examines the the reforms developed in Latin America over the last decade that have adapted domestic legislation regarding legal capacity toward the support model of the Convention on the Rights of Persons with Disabilities (CRPD). Our examination of the reforms in Costa Rica, Argentina, Peru, and Colombia focuses on the adoption process of the reforms, the main characteristics of the implemented support model, some transitional and implementation aspects of the reforms, and a critical examination of their relationship to the CRPD. Finally, this Article explores some weaknesses related to the reforms’ implementation processes.

     

    Note: This article was originally published in English.

  9. Barriers in the Access to Sexual and Reproductive Health: Experiences of women with disabilities in the far south of Chile

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    In this article published in Ex Aequo – Journal of the Portuguese Association for Women’s Studies, important findings are highlighted regarding the exercise of sexual and reproductive health rights among women with disabilities.

    Points of interest:

    • This study explores the barriers to accessing sexual and reproductive health services for women with disabilities within the public system in the Magallanes region.
    • The 15 women interviewed express low satisfaction with the quality of sexual and reproductive health services.
    • Women with disabilities report limitations caused by healthcare staff, physical environment barriers, and administrative constraints.
    • There is a double discrimination against women with disabilities in healthcare settings: they are discriminated against both for being women and for having disabilities.
    • They emphasize that their needs are not considered during interactions with healthcare personnel, and they are not allowed to make decisions independently.

     

    Notes:

    • The following summary was prepared by Núcleo Milenio DISCA and is based exclusively on the original publication. Therefore, it should not be used for citations or references.
    • This article was originally published in English.