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Language: search.filters.language.EnglishSubject: search.filters.subject.Legal capacity

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    Legal Capacity in Peruvian Law. Qualitative Analysis of Court Ruling of Restitution on Legal Capacity and Designation of a Support Person Under the Framework of the Legislative Decree 1384
    (Universidad Externado de Colombia, 2023-01-01)
    In order to fulfil its obligations under Article 12 of Convention on the Rights of Persons with Disabilities, on 2018, Peru reformed its Civil Code. Through this reform, Peru abolished guardianship and created a system of supports and safeguards. Within three years after the Reform, this paper hypothesizes that, the change is not real since substitute decision-making remains as the rule. For that, the paper systematizes and analyses the judgments on support appointments in order to determine its compatibility with international standards.
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    A Four-Speed Reform: A Typology for Legal Capacity Reforms in Latin American Countries
    (MDPI, 2023-06-01)
    In the past few years, Latin American countries have started to enact changes in their legal capacity regulations regarding persons with disabilities. However, even when these changes started over eight years ago, there were few to no analyses on the matter. In addition, there is no encompassing theory or typology on how these reforms happen and on their effects. In the present paper, we propose two axes of analysis for the reforms: enforceability and compliance with Article 12 of the CRPD. This matrix allows for four kinds of reforms: incipient, formal, conciliatory and radical. Using this matrix, we examined the legislative changes in Argentina, Brazil, Colombia, Costa Rica, the Dominican Republic, El Salvador, Mexico, Nicaragua and Peru. Incipient reforms (Mexico) are not that effective but can lead to serious later change. Formal reforms (the Dominican Republic, El Salvador and Nicaragua) have few to no effects. Conciliatory reforms (Argentina, Brazil and Costa Rica) are a legislative compromise that allows for progressive change. Finally, radical reforms create encompassing change that is good but might create problems in the implementation.