Protección jurídico-laboral de las personas con discapacidad mental

  1. Gil Gil, José Luis
Journal:
Anuario de la Facultad de Derecho

ISSN: 1888-3214

Year of publication: 2012

Issue: 5

Pages: 17-52

Type: Article

More publications in: Anuario de la Facultad de Derecho

Abstract

This article examines the protection provided by the Spanish labour law for people with mental disabilities, who are more vulnerable than others in the labour market, especially in a period of economic crisis. It emphasizes that, in the treatment of disability, the tension between the medical and social models has led to the promotion of a rights-based approach, which results in guaranteeing equal opportunities and non-discrimination, and right to autonomy, social integration and participation in community life. It distinguishes between intellectual and mental disability. Furthermore, it analyzes the access to employment, hampered by social prejudice, and the legal instruments of protection at work. And it concludes that the low participation rate, difficulties in maintaining jobs, mostly protected, and the precarious conditions in which they are developed, severely hinder the process of adjustment and social integration of people with mental disabilities.