The social and the individual in disability juridification.

This paper analyses the way in which models of disability in social theory are incorporated in the process of legal regulation. It focuses on the late process of juridification of disability that has followed the CRPD (2011) which adopts the social model of disability. Most developing countries have recently undertaken the task of giving legal regulation to disability and for that they have had to face the need for a conceptual framework. It is affirmed that despite the relevance of the discussion on disability models, juridification limitations make impossible to capture the social complexity involved in the exclusion processes affecting people with disabilities. That results in that, even where regulation attempts to capture the social model, individual intervention (i.e. through an antidiscrimination law regime) takes precedence over social transformation (i.e. welfarist mechanisms of support for independent living).