Legal capacity of people with disabilities: An absolute basic right?

Abstract

In international human rights law, the recognition and protection of the rights of persons with disabilities has presented an interesting evolution, from a marginal issue to a central agenda issue in the United Nations, espe-cially after the entry in force of the Convention on the Rights of Persons with Disabilities. This international instrument establishes legal capacity as a basic right of an absolute nature, since, according to the interpretation of its content and scope, this right cannot be limited in any way. In this context, the present article shows the wrongness of this position by demonstrating the existence of cases in which the limitation of this right constitutes a necessary protection measure for a very small group of people with disabilities, without this denoting any form of discrimination.