Abstract

PALLARES NEILA, Javier. The serious inconsistency between the new support system and the issuance of informed consent by people with disabilities. Rev. Asoc. Esp. Neuropsiq. [online]. 2023, vol.43, n.144, pp.137-150.  Epub Jan 15, 2024. ISSN 2340-2733.  https://dx.doi.org/10.4321/s0211-57352023000200007.

Recently, the Constitutional Court issued a ruling confirming the constitutionality of two court resolutions that had ordered the vaccination of a person with disabilities against the will of their legal guardian. The purpose of this article is to analyze what would have happened if these events had occurred today, after the entry into force of Law 8/2021, which regulates a new system of support for legal capacity in favor of people with disabilities. After analyzing the new support measures that have been incorporated into the Civil Code, it is concluded that there is a serious mismatch between the Civil Code and Law 41/2002.

Keywords : disability; legal capacity; informed consent; support.

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