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- Title
Los ajustes razonables: un instrumento al servicio de la igualdad efectiva.
- Authors
Llano Barceló, Karla Patricia; Roca Castillo, Carolina
- Abstract
The Convention on the Rights of Persons with Disabilities marks a before and after in the way disability is viewed. Cuba is a signatory of the same and the Constitution of the Republic recognizes in its article 8 the recognition of international treaties as a formal source of Law. Correspondingly, a series of legislative changes have been made in order to temper the national regulations to the postulates of the Convention, among which is the regulation in the Code of Processes of the figure of reasonable adjustments. The incorporation of this legal technique supposes a challenge for the operators of the Law, inciting them to know and defend the rights of people with disabilities. Likewise, it urges the judges to assume an active role in the process, since it constitutes a guarantee for the restoration of effective equality between the parties. However, forensic practice has shown that a large part of legal operators are unaware of its content and scope. For this reason, the present investigation makes an analysis of the theoretical legal assumptions that support the realization of reasonable adjustments, based on the values, principles and guarantees regulated in the Constitution.
- Subjects
CONVENTION on the Rights of Persons with Disabilities; TREATIES; CIVIL rights of people with disabilities; CONSTITUTIONS; AXIOMS
- Publication
Revista Novedades en Población, 2024, Vol 19, Issue 39, p75
- ISSN
2308-2984
- Publication type
Article