Supports and safeguards as a guarantee of the right to equality of people with disabilities

Notes on the peruvian case

Abstract

This research is motivated by the need to have more knowledge in order to understand these new figures incorporated into our legal system, specifically in civil law. Additionally, given that the mechanisms implemented by the legal devices that introduce support and safeguarding, when making important modifications in institutions such as legal capacity, interdiction, curatorship, etc., which seek to guarantee the equality and dignity of all individuals without discrimination, requires treatment at the constitutional level and from the point of view of Human Rights. Therefore, the objectives of this document were: In this sense, the objective of this article is to analyze the way of the present configuration of the regime of legal capacity in Peru that allows to guarantee the right to equality of people with disabilities. Additionally, it will be intended to identify how the system of supports and safeguards in Peru does not allow to satisfy the standards of the Convention on the Rights of Persons with Disabilities in relation to protection of the right to equality of persons with disabilities. Reaching to the conclusion that have been issued norms in the framework of the transition process to the support and safeguards system which still based on the parameter of the will substitution model, the transition to the support and safeguards system does not allow to guarantee the Right to equality for people with disabilities in Peru.