The amendment of art. 49 of the Spanish Constitution: Was it necessary? Is it good enough?

Keywords: Persons with disabilities, constitutional amendment, equality, social model

Abstract

This paper analyzes the recent amendment of art. 49 of the Spanish Constitution, whose main contribution is the replacement of the reference to “handicapped” by “persons with disabilities”. The semantic issue reveals an evolution in the consideration of people with disabilities, both from a legal and anthropological point of view. Therefore, the need for such modification is evaluated in the light of the change of model brought about by the adoption of the Convention on the Rights of Persons with Disabilities. Also, an analysis is made of the extent to which the new wording is good enough in its content.

Received: 12.09.2024
Accepted: 10.10.2024

PDF and HTML corr.: 13/01/2025
DOI in the footer: <https://doi.org/10.18543/ed.3206> instead of <https://doi.org/10.18543/ed.3104>.

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Author Biography

Begoña Rodríguez Díaz, Universidad Francisco de Vitoria, Madrid, España

Prof. contratada doctora

Published
2024-12-23
How to Cite
Rodríguez Díaz, Begoña. 2024. “The Amendment of Art. 49 of the Spanish Constitution: Was It Necessary? Is It Good Enough?”. Estudios De Deusto 72 (2), 249-82. https://doi.org/10.18543/ed.3213.
Section
Studies