FROM THE HUMAN RIGHT TO HEALTH TO THE EXISTENTIAL HORIZON OF PEOPLE WITH DISABILITIES

A REFLECTION BASED ON FRATERNAL LAW

Abstract

The theme of this research opens a discussion about the existential horizon of people with disabilities from the perspective of the human right to health. The general objective is to analyze the existential complexities incorporated into the experience of people with disabilities in the context of the human right to health. The specific objectives are: 1) To address the work “Se Adaptar” by the author Clara Dupont-Monod to demonstrate the importance of living with difference, the capacity for adaptation and the need to present the world to a person with disabilities; 2) To analyze the complexity of the interconnection between the human right to health and the intersectional marker of disability to understand the importance of building an inclusive society. As a methodological matter, the hypothetical-deductive method is used, guided by a bibliographic and documentary analysis. The theoretical basis used to structure the foundation of the research is the Theory of Fraternal Law, developed by the Italian jurist Eligio Resta. From the perspective of the collective and fraternal construction of care, the question is: is it possible to make the human right to health of people with disabilities effective through “jointly sworn pacts”? Through the theoretical lens of fraternity, it is clear that it is necessary to establish a pact of responsibility between the family, the community and society in favor of a shared common space marked by inclusion, by the recognition of all forms of difference and by the foundation of the right to health of people with disabilities.