FOR THE REVOLUTION OF LEGAL AND SOCIAL PARADIGMS FOR THE PROTECTION OF PEOPLE WITH DISABILITIES

DOES THE HUMAN RIGHTS MODEL HAVE TRANSFORMATIONAL VALIDITY?

Abstract

People with disabilities have historically been excluded from the possibility of accessing and
exercising their human rights based on a principle of equality with people without disabilities.
The change in scenario was only possible thanks to the construction of legal and social paradigms responsible not only for defining who could be considered a person with a disability,
but mainly for serving as a guiding element of legislative and social policies for the protection of this group. Even with social advances, different criticisms about its insufficiency have
provided the basis for the consolidation of new models of disability, gaining strength with
the International Convention on the Rights of Persons with Disabilities. From this panorama,
this article aims to present and discuss the shortcomings of the social paradigm and introduce
the idea of the human rights model as a mechanism that guarantees greater protective ballast
for people with disabilities. In methodological terms, this study is based on descriptive documental research, in which the development is carried out according to the literature on the
paradigms of conceptualization of disability. Despite the social paradigm being configured as
a contemporary instrument for the consolidation of the rights of people with disabilities, its
difficulty in responding satisfactorily to the demands for social inclusion rescued the emergence of a new paradigm, based on the understanding that the withdrawal of these subjects
from the sphere of civil, political and socioeconomic citizenship are violations of human rights.