La extensión de los ajustes razonables en el derecho de las personas en situación de discapacidad de acuerdo al enfoque social de derechos humanos

Abstract

The UN Convention on the Rights of Persons with Disabilities, apart from establishing a new "social human rights" paradigm, codified the obligation to make reasonable accommodations. It consists in changes to a specific situation, where a rule or policy without being in its origen discriminatory applied to a specific situation, where the addressee of it is a person with disability, becoming unjust and contrary to the principle of material equality. The text concludes that reasonable adjustments and undue burden (as the limit of the first) are complex concepts that are currently in jurisprudential development, becoming necessary to analyze each case and its characteristics to determine their scope.