New conceptual perspectives in the affirmation of the right to equality of persons with mental disabilities: A critical evaluation of the peruvian constitutional court case law

Abstract

This article aims to realise a critical analysis of the decisions of the Peruvian Constitutional Court on the right to equality of people with mental disabilities. To do this, we will rely on two discussions. The first is about the concept of mental disability itself, a discussion that will reflect the understanding of the disadvantage, but, at the same time, will allow us to address criticism about the essentialization of attributes in social group-based approaches. This will lead us to identify the neurodiversity movement. The second discussion we will present is about the model of inclusive equality after the United Nations Convention on the Rights of Persons with Disabilities, which is a multidimensional perspective to repair the disadvantage experienced by persons with disabilities. We will analyze whether this model is compatible with the asymmetric approach proposed by the peruvian Court, based on the concept of real equality of opportunities. We will conclude with a critical reading of the developments of the Constitutional Court on this disadvantaged group.