Disability Law Treatise: The Convention in the Constitutionality Block and the Direct Application of Human Rights in Uruguay

Title: Disability Law Treatise: The Convention in the Constitutionality Block and the Direct Application of Human Rights in Uruguay 

Author: Vega, Diego

Abstract:

This work constitutes the first comprehensive systematization of Disability Law as an autonomous legal science in Uruguay. Grounded in the block of constitutionality (Articles 72 and 332 of the Uruguayan Constitution), it develops the theoretical and practical foundations for the direct application of the Convention on the Rights of Persons with Disabilities (CRPD). Introducing original legal categories such as unconventionality by omission, sensory security, and anomie by excess, the author addresses legal capacity, access to justice, inclusive education, employment, political rights, independent living, universal accessibility, and strategic litigation. The treatise includes analysis of national and international case law, comparative law, and practical annexes: a legal memorandum for active defense, an analysis on overcoming guardianship and curatorship, a commented selection of Concluding Observations of the UN Committee, and a critical manual on reasonable accommodations in the classroom with an assessment of the Facilitator of Autonomy (FAAE) scheme. Written from both academic expertise and first‑person neurodivergent activism, the author offers this work under a Creative Commons license to ensure that legal knowledge remains barrier‑free.

Keywords: Disability Law; Convention on the Rights of Persons with Disabilities; block of constitutionality; legal capacity; access to justice; inclusive education; reasonable accommodations; neurodiversity; Uruguay.

Publication Date: 2026-03-23

Resource Type: Text 

DOI: https://doi.org/10.5281/zenodo.19170288

DOI URL: https://doi.org/10.5281/zenodo.19170288

Keywords:
Disability Law, CRPD, constitutionality block, conventionality control, unconventionality by omission, neurodiversity, sensory security, legal capacity, Uruguay. 

License: Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0)

Version: 1.0 (preliminary version)

Language: English