Abstract

SOLITARIO, Romina. Legal disability, parental rights and human rights: The political challenge of iqual rights and the right to the difference. Anu. investig. [online]. 2011, vol.18, pp.291-297. ISSN 1851-1686.

This work, that is part of the author´s PhD thesis, deals with the rights of people with mental health problems, analysing a particular aspect that consists of the transformations on the relationship with their children after the declaration of legal incapacity by mental illness. These changes that ind their support point in law categories, are implemented in practices acquiring various expressions. The aim is to critically analyze the current legal framework in mental health considering legal sphere as an aspect of social reality, as a cultural aspect among others (Krotz, 2002). The intention is not to construct models with general application, abstracted from social contexts, as a legal perspective could claim, but on the contrary, the intention is to explain how legal systems are not only involved but also shape social practices.

Keywords : Human Rights; Legal capacity; Mental health.

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