Notes on patients with disabilities autonomy in Spanish law

The U.N. Convention on the Rights of Persons with Disabilities recognizes as the first of its general principles the "Respect for inherent dignity, individual autonomy including the freedom to make one's own choice, and independence of persons" (Art.3.a). With regard to health, States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without being discriminated on the basis of disability (Article 25), which includes requiring health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent (subsection d).These guidelines must enlighten the interpretation of the Spanish legal system as for the scope of autonomy of people with disabilities. Nevertheless, they still bear some handicaps in order to preserve their autonomy from third-party interferences.