Table Decoration For Anniversary At Home

Table Decoration For Anniversary At Home – Indeed, we are living in a historic moment. The approval by the Council of Ministers of the reference to the Cortes Generales of the draft law on the amendment of civil and procedural laws to assist persons with disabilities in the exercise of their legal capacity on July 7, 2020 is the first step, which is necessary and essential to be reached. December 13, 2006 (hereinafter, CIDPD) [1] Compliance of our legal system with the International Convention on the Rights of Persons with Disabilities.

And this is a moment to remember, because with the end of the parliamentary procedures, it will be possible to reform, among other things, the Civil Code (hereafter, CC), the main rule that introduces “persons”. Disability was included in the reforms of 1889 and 1983. The reform was necessary since the CIDP came into force on 3 May 2008.

Table Decoration For Anniversary At Home

Table Decoration For Anniversary At Home

And I say anchor, because apart from the terminology that is still preserved in some principles (incompetent, incompetent), it embodies the essence of a great reformation that was important at the time, but whose main interest was to focus on the patriotic side. Ignoring people with disabilities. This term (as introduced along with institutional and legal statistics) is based on the spirit of the medical-rehabilitative model of disability that is associated with the separation of disabled people and away from true social inclusion.

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The proper drafting of the Civil Code on Disability will also be a reference to face the necessary reform of special and procedural laws that will allow the provision of legal aid in the principles and regulations derived from the DMKD. Jurists should not forget that the Civil Code is applied as a rule of supplementary law, both in the areas regulated by other laws (Article 4.3 KP), and in the territories regulated by regional or special civil laws (Article 13.2 KP).

Table Decoration For Anniversary At Home

Since its entry into force in Spain on May 3, 2008, we have witnessed repeated non-compliance with the CIDPD, a non-compliance that translates into systematic situations of rights violations and disability discrimination. In this discouraging situation, the great work of the allied movement, the advancement of legislation, doctrine and jurisprudence, as well as the progressive awareness in society of what it means to be a social model of disability become increasingly important.

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True reform will be accompanied by the implementation of laws that assume that all people (with and without disabilities) are directly subject (actively and passively) to all the rules and institutions that make up our legal system and, in this case, must provide the necessary support and resources for persons with disabilities to do what allows them to access and participate effectively and realistically on equal terms with all people.

Table Decoration For Anniversary At Home

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We still have a lot of work to do to achieve the legal reform that should have been done 12 years ago, but now is the time to send elements to the cooperative movement, social entities and legal operators to improve the text in general. We are all happy for the project and not to miss this historic moment for disability.

Our personal legal system is based on an important general principle: the principle of the autonomy of the will and its highest index to give free, invalid consent given due to mistake, violence, intimidation or fraud (Article 1265 of the Civil Code ).

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In order to give valid consent it is necessary that the internal will and the external will agree; That is, the desire to love and understand the work, the business, the contract that is being performed.

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It is necessary for the person to form his will with full information, his training, his education, his standards, in short, understanding the law itself and its consequences. And it is necessary that this internalization be external, transferring his will to the interlocutor for the performance or non-performance of a certain task.

Table Decoration For Anniversary At Home

Well, can we say that there are currently ways to ensure that disabled people can legally and freely give their consent?

The answer is that generally this guarantee does not exist as there is no strong support system at the legal and social level. Therefore, cases where people with disabilities have fully developed their internal will, but the “system” does not provide them with the means to externalize it, are still very frequent.

Table Decoration For Anniversary At Home

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The fact that the inner desire cannot be expressed or expressed externally does not mean that it does not exist. We cannot kindly state that a person with a disability is “disabled” because what actually happens is that the principle of design for all people, with universal accessibility measures, or reasonable adjustments are not followed. need

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For example, think of people with cerebral palsy who have communication difficulties, deaf signers who do not know sign language in conversation, people with intellectual disabilities who communicate their wishes in “non-normal” ways, or urgently needed by our society.

Table Decoration For Anniversary At Home

Let’s also think about those people who, due to lack of access, find themselves with unpleasant daily administrative procedures, architectural barriers that prevent access to information from a bank or a rental company. This does not mean that a disabled person is unable to request a loan, rent an apartment or request a document from the municipality, it simply means that the “system” does not allow it.

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Thus, by preventing the formation of internal will and the expression of external will, a large number of persons with disabilities are automatically excluded from legal circulation.

Table Decoration For Anniversary At Home

Therefore, we are in front of a historical moment. Because all these (and many other) situations of discrimination against persons with disabilities must be eliminated.

To achieve changes in the text of the bill now, we must act confidently and boldly along five broad lines, which will allow us to move from our current isolated situation to full and effective participation in human society. Disability, on equal terms with others.

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Respect for the dignity of the individual necessarily includes respect for the autonomy of the individual in accordance with the principle of freedom of decision-making, among others. In its decision of February 14, 2011, the Constitutional Court firmly and clearly recognized that “the right to legal personality, provided for in Article 6 of the Universal Declaration of Human Rights of December 10, 1948, implies the recognition of the right for the legal right. the capacity of the individual, so that no limitation or limitation of the capacity to act does not violate the dignity and inherent inviolable rights of the person, as well as the free development of the personality (Article 10.1 EC)”.

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The primacy of the autonomy of the will is closely related to the isolation of disability as a marker of the marital status of the individual and the recognition of this disability.

Table Decoration For Anniversary At Home

It does not imply a lack of ability to work. In other words, legal reform must be achieved (with changes in doctrine, in jurisprudence and in general in the activity of all legal operators) to remove the legal and social stigma that carries a disabled person on board. Both the bearer of rights and obligations and their exercise are inferior.

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Art is often forgotten. 322 of the Civil Code, advice that considers a presumption for all people (with and without disabilities): “Adult citizens are capable of all the tasks of life, except for the exceptions defined in special cases by this Code”.

Table Decoration For Anniversary At Home

Since then, the scheme applicable to all people (with and without disabilities) is the same: everyone has legal capacity, everyone is presumed to have the ability to work if they are of legal age, some jobs require special skills or the business is legal. (for example, according to the article. The recipient is 25 years old. 175 KP) and some people some legal acts (for example, restrictions on the purchase of industrial goods. 1459 KP or 754 KP items available by will).

With the reforms, we move towards determination in configuring the legal field of persons with disabilities and recognizing their rights (and duties) as well as guaranteeing effective practice based on their skills/ability and more than that it should be. It guarantees that this exercise will be done with equal opportunity as other people.

Table Decoration For Anniversary At Home

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It will not be enough to recognize equality in the ownership of rights, but to provide the necessary support and resources to ensure the exercise of rights (being exceptional).

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