Analysis of Legal Institutions: Guardianship and Curatorship in Relation to Access to Justice in Criminal Matters

Abstract

This article involves the study of the legal norms that focus on unraveling the situation of vulnerability in which those people who suffer from a state of physical and/or mental disability find themselves, and as a consequence, their fundamental rights enshrined in the Constitution. In this sense, the study ranges from the exegesis of those norms and/or principles that are involved with Human Rights, to the execution of the declaration of the state of disability that is determined for a person. The above, taking into account the relationship that implies subject - object and the doctrine that "foresees" the situation of vulnerability in order to obtain the perception of social reality. The problem is also reflected when people under guardianship, for any condition, are sentenced to serve a criminal sanction, they may face inhumane detention conditions, abuse by other inmates or prison staff, and the lack of adequate care for their children's mental health needs.