Claves de interpretación del derecho de la persona en el siglo XXI

  1. Fabiola Meco Tébar 1
  1. 1 Contratada Doctora de Derecho Civil Miembro del Instituto de Derechos Humanos Miembro de los grupos de investigación «Bienestar, seguro y pensiones» y «Derecho, derechos y personas mayores» de la Universitat de València fabiola.meco@uv.es CÓDIGO ORCID:0000-0003-2541-8932
Journal:
Actualidad civil
  1. O'Callaghan Muñoz, Xavier (dir.)

ISSN: 0213-7100

Year of publication: 2023

Issue: 9

Type: Article

More publications in: Actualidad civil

Abstract

This study addresses the current keys to the interpretation of personal law in the light of the new legal reforms that have affected various groups of people in vulnerable situations, such as children and adolescents, people with disabilities and the elderly, who have been historically subordinated, discriminated against and excluded on the basis of age or capacity, as have women because of their sex. The paradigm shift aims at the recognition of the individual as a subject of rights, with the legal capacity to decide and act and to demand from public authorities and society adequate conditions for the exercise of his or her rights. A new democratic dialectic of human relations is making its way into the Law by considering the person from his or her rights, from care as relational beings, without apriorisms, paternalism or welfare practices. The steps that the legislator has decided to take in pursuit of a society among equals, in which recognition, dignity and participation are its new signs of identity, are remarkable.