Tensions of federalism in the province of Rio Negro

In the Argentinean Republic, the Convention on the Rights of Persons with Disabilities, which establishes the "social model" of disability, is in force, but public policies for this group are anchored in the rehabilitative model, mainly regulated by laws N° 22.431 and 24.901. Although such...

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Autor principal: Blogna Tistuzza , Sergio Hernán
Formato: Artículo revista
Lenguaje:Español
Publicado: Facultad de Derecho y Ciencias Sociales. Universidad Nacional del Comahue 2022
Acceso en línea:https://revele.uncoma.edu.ar/index.php/revistadelafacultad/article/view/4477
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Sumario:In the Argentinean Republic, the Convention on the Rights of Persons with Disabilities, which establishes the "social model" of disability, is in force, but public policies for this group are anchored in the rehabilitative model, mainly regulated by laws N° 22.431 and 24.901. Although such a social model became the established procedure by officials and legislators, there is still a lack of knowledge about its meaning and scope. In Río Negro, the Legislature unanimously passed Law D N° 4.532, by which that province adheres to the Convention on the Rights of Persons with Disabilities and its Optional Protocol. Instead of establishing measures to make the convention operational, legislators ignored the fact that the treaty was already in place in their jurisdiction and passed a bill without any legal effect. This highlights the tensions within the federal organization of the Argentinean State, since the adoption mechanisms established by the national Constitution for the coming into force of international treaties were not acknowleged.