The replacement of the term disabled by person with disabilites in need of special protection. ¿Correction or mistake by the legislator of the Organic Law 1/2015?

Abstract

Recently the Spanish Government approved the Organic Law 1/2015, of March 30th, reforming the Penal Code, being one of its innovations the replacement of the term disability procedure by the term procedure for capacity modification, and the term incapable by disabled person in need of special protection. Regarding this second definition I ask myself if it wasn’t a mistake by the legislator having included in the new term the concept of person with disability. Because of this today may appear in our society the following questions: what will appen with those by which, before the application of this new law, were judicially disabled and didn’t hold the condition of person with disabilities? Will a person need, in the future, to address the procedure for capacity modification, to have had a previous administrative resolution of person with disability? It occurs to me that to solve this judicial problem in which the legislator, once again, got us into, we will have to take the civil way and put on the same level once and for all, automatically, the ruling on incapacitation and the administrative resolution that recognizes the condition of person with disabilities. And what’s more important, in favor of those whom it will be possible to constitute how judicially disabled with Law 41/2003, of 18 de november?