Capacidad jurídica de las personas con discapacidad intelectual en el derecho civil ecuatoriano desde una perspectiva inclusiva

Abstract

The present academic article emphasizes the legal capacity of individuals with intellectual disabilities in Ecuadorian civil law from an inclusive perspective. This study analyzes the current legal framework, which limits autonomy and decision-making within the legal sphere for individuals with intellectual disabilities. Despite a series of reforms to both the Organic Law on Disabilities and the Civil Code, the figure of guardianship remains prevalent for cases involving individuals with mental disorders, restricting their autonomy and legal capacity to act. Therefore, this research proposes a shift toward a support model for decision-making and the implementation of safeguards that uphold the full exercise of rights, respecting the dignity and will of these individuals. Achieving this requires reforms to the Civil Code and changes in public policies, which should be advanced by the executive branch, fostering joint collaboration between the judicial system and society. These measures should align with all international standards, promoting inclusion, participation, and equal conditions for all individuals.