Reasonable accommodation for persons with disabilities in Chilean law: a preliminary characterization and evaluation of the current state of affairs

Main Article Content

Eduardo Marchant-Vivanco

Abstract

Reasonable accommodation measures are recognized as a critical tool for the exercise of the rights of persons with disabilities and their relevance has reached new strength at a global stage due to their express consecration in the United Nations Convention on the Rights of Persons with Disabilities. Against this background, this study aims to make an initial diagnosis of the cu- rrent state of affairs on reasonable accommodation for persons with disabilities in Chilean law, through the characterization and evaluation of their treatment in national legislation and case law. The study suggests that, despite the existence of positive aspects, the novel Chilean experience on reasonable accommodation presents, at least, three specific problems: in the case of legislation, the low normative density of the provisions that address the matter; in the case of the case law, the existence of conceptual difficulties in the application of reasonable accommodation and the weak judicial scrutiny when defendants refuse to implement these measures.

Article Details

How to Cite
Marchant-Vivanco, E. (2023). Reasonable accommodation for persons with disabilities in Chilean law: a preliminary characterization and evaluation of the current state of affairs. Revista De Derecho (Valdivia), 36(2), 117–140. https://doi.org/10.4067/S0718-09502023000200117
Section
INVESTIGACIONES
Author Biography

Eduardo Marchant-Vivanco, Universidad Austral de Chile, Chile.

Licenciado en Ciencias Jurídicas y Sociales, Universidad Austral de Chile, Chile.

Magíster en Derecho, mención Constitucionalismo y Derecho, Universidad Austral de Chile, Chile.