From invisibility to the social model: the approach to disability in the jurisprudence of the Interamerican Court of Human Rights

Abstract

The research analyzes the role of the Inter-American Court of Human Rights (I/A Court H.R) in protecting the rights of persons with disabilities, assessing whether its jurisprudence has kept pace with the conceptual evolution of disability in international law. Despite the existence of a well-established normative framework, studies examining whether the Court adopts the social and human rights model of disability in its decisions remain scarce. The study employs a qualitative and descriptive approach, with a methodology that includes a literature review, documentary analysis, and examination of the Court’s decisions. The results indicate advances in the Inter-American Court’s jurisprudence, highlighting the transition from the medical model to the social model of disability, as well as the incorporation of intersectionality in the analysis of this group’s vulnerability.