Trato justo con las personas con diversidad funcionalreconocimiento e identidad, distribución, inclusión social

Resum

SUMMARY: The first aim is to take on the phenomenon of functional diversity from an ethical and political approach, poorly investigated in our country. A second objective is to explore the possibilities offered by the moral and political universalism of Kantian and neo-Kantian tradition to support this issue. The third objective is to determine the meaning of that "fair treatment". In Chapter 1 we address the historical reconstruction of several ways of understanding disability. We performed a critical analysis of the contributions of the "social model of disability", for his influence in the social movement of people with disabilities emerged in the late twentieth century and at the World Convention on the Rights of Persons with Disabilities in 2006. In Chapter 2 we take a moral-anthropological perspective. We investigate into contemporary paradigms on the "body", extracting from them what is meant by functional diversity. We connect each of these conceptions with the issue of justice for people with disabilities. After that, we take on the ethical and political normative field. In chapter 3 we deal with the foundation of justice: the equal dignity of all people, as corporeal beings. We resort to moral and political universalism of Kant's philosophy and its transformation into the ethics of dialogue (Apel, Habermas and the "ethics of cordial reason" from Adela Cortina) to support the inclusion of all set of people with functional diversity into the moral and political community, with identical human rights. In Chapter 4 we apply the idea of justice as recognition, from Axel Honneth, to the field of functional diversity. We analyze different forms of contempt as damage to the identity: scorn of bodily integrity, disregard for the rights and belittling the value of lifestyle (stigmatization). Then we consider the recognition spheres and its tripolar theory of justice (self-fulfillment): a) the emotional care in the family, that we extend to professions of social assistance and voluntary service; b) the recognition of the rights, as set out in the Convention; c) solidarity with their skills and way of life at companies, media and symbolic culture. Chapter 5 start with the theoretical emptiness in the work of Honneth: assessing the effective recognition of rights. We analyze the theories of distributive justice included into solidary liberalism: equality of resources (Dworkin) and the approach of capabilities (Sen and Nussbaum). We establish as conclusion that the fair treatment for people with functional diversity is based on the mutual recognition of the equal dignity of person. It should consist of equal treatment with others, taking into account the "unusual needs." In particular, it consists of: a) Do not underestimate: to not cause, by act or omission, physical harm; not to deny or obstruct their rights; not to stigmatize; b) Give an inclusive deal in networks of social recognition: providing emotional care to the needs they have; recognize equal human rights and an equal access to them, to empower their basic skills; to count on the active solidarity of companies, media and symbolic culture.