Psychic disability and maternity: incipient jurisprudential evolution

Abstract

The Convention on the Rights of Persons with Disabilities establishes the necessary granting of support for persons with mental disabilities to be able to exercise their right to motherhood without violating, in turn, the right of the minor to be unprotected, and to also be able to participate actively as a mother in society. Derived from this, Law 1/1996 on the legal protection of the minor, after the reform operated by Law 26/2015, establishes that in no case will a minor be separated from his / her parents due to a disability of the minor, of both parents or Of one of them. As a result of these modifications, the jurisprudence has been pronouncing that has given an incipient turn to the previous jurisprudence, but still very small. This implies that the need to see case by case, because the supports will be different, taking into account the mother's mental disability, but also her family and social circumstances.