Individual differences, equity, educational inclusion and legislative order

Abstract

Objective: This paper aims at analyzing at a descriptive level of the legal configuration of the differences, proposed by Luigi Ferrajoli, in relation to people with chronic diseases, their

treatment in different legal instruments and other official documents of international organizations that proclaim and promote fundamental rights.

Methods: The theoretical framework is based on the selection of direct and indirect legal sources that support international human rights law; this reviewing comprises other official documentation and examining the opinions of specialists in inclusion and human rights that has contribute papers to indexed databases and specialized electronic libraries.

Result: The discursive-linguistic categories used as supporting grammatical characterizing the implicit or manifested discourse in relation to the consideration of people in a situation of illness, allowed us to observe that they do not emerge as particular groups within the connotations that allude to certain identities (sex, race, disability ...), they are only guaranteed the right to health, the rest is left out until the lost balance is recovered. This linear way of conceiving rights makes it impossible for them to participate within the cultural, social and economic dynamics, somehow establishing forms of homogenizing subjectivity of their realities.

Conclusions: It is evident that the discursive thread of the legal instruments analyzed recognizes certain categories of being, allowing only some people to participate and benefit from certain rights in certain circumstances. There is evidence of the existence of categories that lead to denying differences or that establish a dynamic of legal approval of differences and consequently set up certain forms of abstract proclamation of equality.