People with intellectual disability: Legal equality, welfare and health care

Abstract

Spanish legislation has addressed the protection of persons with disabilities and, specifically, those with intellectual disabilities, on an ongoing basis, at three specific times, as a development of Article 49 of the Spanish Constitution. Initially, with the Law 13/1982, of 7 April, on Social Integration of the Disabled; subsequently, with the Law 51/2003, of 2 December, on Equal Opportunities, non-discrimination and the universal accessibility of disabled persons. And, finally, including people with this disability in the Law 39/2006, of 14 December, on the Promotion of Personal Autonomy and Care for Dependent Persons. The main theme of the three legislative initiatives, that are not exclusive, but tend to complement one another, is found in the application of the principle of equality in accordance with that stipulated in Article 9.2 of the Spanish Constitution, that is to say, in the mandate to public powers to promote the conditions so that freedom and equality of the individual and of the groups to which they belong are real and effective; to remove the obstacles that impede or hinder their full enjoyment and to facilitate the participation of all citizens in political, economic, cultural and social life. From this perspective, this study examines intellectual disability, through legislative reforms, from the perspective of legal equality, welfare and health care.