The United Nations Convention on the rights of persons with disabilities, dated December 13th, 2006. A critical approach to its implementation within the Spanish law and its reflection in case law

Abstract

The present paper tackles the support measures system for people with disabilities established after Spanish Act 8/2021, June 2nd, questioning people´s with disabilities or extreme disorders protection through the study of the case law issued in three cases: Diogenes syndrome, bipolar disorder type I, and paranoid schizophrenia. Said system arises from the reception in our Legal System of the Convention of New York, dated December 13th, 2006, and the consequent amendment of the Civil Code. Likewise, two self-guardianship cases are also raised in which the will of the person with disability, as stated in the public deed, was respected. Lastly, non-voluntary confinement for reasons of mental disorder is analyzed. In essence, some of the practical effects and immediate challenges that a uniform law such as the mentioned Convention raises have been analyzed.