Uma análise da compreensão de (des)igualdade e deficiência em documentos normativos: implicações na garantia de direitos

Abstract

This dissertation aims to understand how inequalities are considered by the national States in the formulation of public policies directed at people with disabilities, based on the analysis of international normative documents. Knowing that people with disabilities constitute one of the major unequal groups and the range of inequalities that affect them has causes that are both varied and complex, authors from the fields of sociology, social sciences, philosophy, history, psychology, medicine were used as theoretical references to promote a discussion about inequalities, differences and disabilities. The analysis of international documents destined to the national states for the elaboration of public policies enabled the comprehension of how the fight against inequalities experienced by people with disabilities is structured as a way of guaranteeing rights. This analysis leads to three possible guidelines: aiming at equalization of opportunities; aiming at equality in the enjoyment of rights; and by promoting inclusion. Each has specific possibilities and limits, but it is concluded that "equalization of opportunities" and "promoting inclusion" tend to reduce the various inequalities to inequality of access. Moreover, "inclusion", taken as a principle, path and goal in guaranteeing rights, tends to camouflage the asymmetries in unequal relations by turning the fight against inequality into a fight against "exclusion". Thus, "equality in the enjoyment of rights" seems to be a more efficient guide in fighting the inequalities that affect people with disabilities, since it makes it explicit that they have the same rights as everyone and signals that they are unable to enjoy these rights in the same way and intensity as the others, making evident the inequalities and situations of injustice experienced by them.