Towards the end of disability-based paternalism?: Some thoughts over the concept of 'safeguards' in the recent Civil Code Reform in Peru on the legal capacity of persons with disabilities

Peru has recently modified its Civil Code to comply with the standards of the Convention on the Rights of Persons with Disabilities. Therefore, it eliminated any disability-based guardianship and replaced it with a system of supports and safeguards. The idea of guardianship is based on a paternalistic approach towards autonomy. Only a certain type of people would be able to be autonomous: the rational ones. Such rationality has usually been related to gender or race. Even though those perspectives have long been surpassed, such idea persists in the case of persons with disabilities. This paper will provide arguments for the elimination of disability-based guardianship. In order to do that, it is necessary to re frame the idea of autonomy in a disability-inclusive manner. This paper will analyze if the efforts of the Peruvian Civil Code in that way. It will be particularly important to see if the “safeguards” are compatible with a disability-inclusive idea of autonomy