BORN FOR THE ADOPTION: PEOPLE’S CHILDREN WITH MENTAL AND UNDERSTANDING DISABILITY

Abstract

There is a gap between statements and regulations about disabled people and the reliable respect of their rights. This
contradiction between public speeches and real social practices can be seen reflected, among in other situations, in the
restrictions in the practice of fatherhood, motherhood and sexuality in full, in people with understanding and mental disability.
The convention about Rights of Disabled People promote the respect for the marriage, the family and the personal
relationship. Sketch out splicitly the prohibition to separate mothers of their children because of disability. Nevertheless, this
regulation is far awayfrom a thorough compliance, much less if it is about people in admission institutions.
The objective of this work is to present the contradiction between regulations and practices, through the analysis of different
cases that have had judicial treatment in the Argentinian Republic. Also some questions are set out about the treatment of
people with mental ailments, which demand external intense supports for their own care, relative to possibilities to face
personal relationship and the challenge of the parental role. Finally I set out the lacking of policies appropriated in the
prevention of pregnancies, considering that people with mental and understanding disability can be able to exercise in a fully
way their right to sexuality and the possibility of a family planning, main idea of this legal principle.