El art. 12 de la convención sobre los derechos de las personas con discapacidad de Nueva York, de 13 de diciembre de 2006

The essay, starting from a historical analysis on the process that led to the approval of the Convention on the rights of persons with disabilities, intends to offer an interpretation of its article 12, in order to identify the concrete scope of the obligations posed to identify the necessary adaptations to legal systems of the Member States. It becomes essential to abandon the medical assistance logic of disability, in favor of the endowment of a social model based on human rights. the person with disability cannot be proved of his capacity and, in any case, it is necessary to move from a system of substitution in the taking of decisions based on the best interest of the person with disability to a system of support for the person based on his preferred interest