(De)institutionalisation within the framework of the UN Convention on the Rights of Persons with Disabilities

Abstract

The international Convention on the Rights of Persons with Disabilities offers a (new) social and legal tool for interpreting disability. The ratification of the Convention by the Spanish state requires systemic changes across a range of different public policies. From this perspective, we conduct a reflective analysis on the institutionalisation of persons with disabilities in centres regulated within the framework of Law 39/2006, on the promotion of personal autonomy and care for persons in situations of dependence. Making use of the discourse of the social model of disability, which arises from the Convention, we seek to demonstrate how disability is represented as a “problem” and (de)institutionalisation is justified. We conclude by noting the need and obligation to transition from institutionalised care in specialist centres to support in community environments.