Access to justice for persons with disabilities: human rights and the social model of procedure

• Autor(a) principal: Fonsêca, Vitor
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Faculdade de Direito UFPR (Online)
• Texto Completo: https://revistas.ufpr.br/direito/article/view/85914
• topic: Access to justice. Persons with disabilities. Social model.; Direitos Humanos; Direito Processual Civil; Acesso à justiça. Pessoas com deficiência. Modelo social.

This article discusses the impacts of the social model of disability on access to justice. Question: — Is there a social model in civil justice for persons with disabilities? Documentary research by national and foreign authors who explain the transition from the medical model to the social model of disability and its impact on access to justice for persons with disabilities was used as a methodology, in addition to scientific works and international documents focused on human rights that indicate good practices and concrete examples of this impact on the process. To this end, the study begins by identifying the differences between the medical model and the social model of disability. It then proposes Article 13 of the Convention on the Rights of Persons with Disabilities as an international standard for this social model. In the end, the work presents the expected barriers for this social model in civil justice, especially with regard to legal capacity, and suggests “procedural adaptations” as an important accessibility tool in civil justice. The article suggests that the idea of an “inclusive due process of law” needs to be adopted, as procedural rules need to be adapted to persons with disabilities; it also suggests that the customization of these adaptations does not constitute a “favor” to or a “persecution” against persons with disabilities.