Reality and perspective of the right of suffrage of persons with intellectual disabilities

Abstract

The overcoming of the protectionist model by a progressive extension of the full enjoyment of the rights of disabled people has generated, at least in the Spanish case, some dysfunctions not exempt from controversy. With the reform of the LOREG of 2018, it has gone from a system in which the judge determined in each case the degree of «political capacity» of the disabled person, to another where the legislator liberalizes the exercise of active suffrage, leaving in the air some aspects, related to the conditions and limits of this exercise, which generate a certain legal uncertainty.