Núcleo Disca

Disability and citizenship

Archive

  1. (Español) Neoliberalismo y campañas Teletón en Chile: discursos políticos contra la dictadura de la caridad

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    The manuscript aims to present the political discourses of disability dissident activists around the Telethon campaign in Chile between 2016-2020. Paying special attention to the meanings and practices that are played around the disability category. It problematizes the role played by the State and civil society in the dispute for political hegemony towards children with disabilities in Chile.

    Among the findings, the main theme is: 1) Economy of punishment: the dictatorship of charity and two sub-themes: 1.1) Manifesting discontent: actions against communicational and media authoritarianism; 1.2) Dismantling the enabling ideology: the shadow of solidarity.

    It is concluded that the difficulty in eradicating the campaign is based on a strategic alliance between the neoliberal model, charity and spectacle as a mechanism of social stratification and oppression.

  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. “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.

  5. 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.