This paper examines the evolving legal notion of disability in light of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), with particular focus on Article 12, which affirms the equal recognition of legal capacity for all persons with disabilities. The article challenges traditional legal paradigms based on incapacity and representation, proposing instead a model grounded in self-determination and supported decision-making. Through a comparative analysis, the paper explores recent legal reforms in European and Latin American systems, with attention to the implications for labor law and supranational jurisprudence.
La nozione giuridica di disabilità: modelli a confronto
F. Viglione
2025
Abstract
This paper examines the evolving legal notion of disability in light of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), with particular focus on Article 12, which affirms the equal recognition of legal capacity for all persons with disabilities. The article challenges traditional legal paradigms based on incapacity and representation, proposing instead a model grounded in self-determination and supported decision-making. Through a comparative analysis, the paper explores recent legal reforms in European and Latin American systems, with attention to the implications for labor law and supranational jurisprudence.
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