Abstract

LOPEZ-ZAMORA, Sergio Andrés. Challenges of the New Latin American Constitutionalism for the Legal Protection of Persons with Disabilities. Opin. jurid. [online]. 2021, vol.20, n.spe43, pp.531-547.  Epub June 15, 2022. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n43a22.

The promulgation of the Political Constitution of Colombia has been considered as one of the moments that generated the so-called new Latin American constitutionalism, characterized by an anthropocentric change that identified human dignity as the central axis, in whose validity there has been a tendency to a greater guarantee for people with disabilities. Considering that the challenges of the new constitutionalism should be in line with the millennium goals, with a tendency towards a material reduction of inequalities, this article analyzes the challenges of this trend that require greater attention for the legal protection of persons with disabilities. Thus, through a basic-legal methodology, the challenges of the new Latin -American constitutionalism will be identified within the framework of the SDGs, the needs for the legal protection of persons with disabilities in this century and what are the challenges of these new constitutional trends in the face of the legal protection of the disabled person. However, a need for progressive and constantly evolving treatment, interpretation and legal enactment will be exalted, a guarantee for unequal groups in the understanding that it is a tireless work that materializes the constitutional goals that inspired those advanced moments that the new Latin American constitutionalism achieved.

Keywords : person with disability; new Latin-American constitutionalism; Latin America; disability; legal protection.

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