The Disability Paradigm Shift: The Inclusive Model in Cross–Border Relationships

Abstract

The disability inclusive model aims to respond to the current legal framework established by the International Convention on the Rights of Persons with Disabilities and its Optional Protocol adopted on 13 December 2006 by the General Assembly of the United Nations. The objective of both international instruments has been to make autonomy of will prevail over the protection that has traditionally governed the relations of persons with disabilities, which has meant a paradigm shift with effects on legislative systems. This change has led to a major change in Spanish law that will affect both internal and cross–border relations generated by the migration processes of the twenty–first Century. Aspects related to the determination of the competent authorities to take protection measures, legal figures validated by the applicable law in processes of functional diversity or recognition of resolutions issued by judicial or administrative authorities in other States, are some of the legal situations that must be resolved from the orbit of private international law. This should take into account the impact of globalization and its impact on relations with elements of foreigners that affect people with different abilities, without generating conflicts between the different authorities and laws that must deal with their protection.