Capacidad jurídica y discapacidad psicosocial: Entre el reconocimiento internacional y la regresividad en Ecuador

This paper analyzes the tension between the international recognition of the legal capacity of persons with psychosocial disabilities and the persistence of discriminatory practices in Ecuadorian legislation. The article specifically examines the recent Organic Law on Mental Health and its Regulations (2024) in relation to the standards enshrined in the Convention on the Rights of Persons with Disabilities. The aim is to identify the extent to which Ecuadorian regulations on legal capacity reproduce practices incompatible with the human rights of persons with psychosocial disabilities. Methodologically, it provides a historical-critical review of the evolution of the legal treatment of insanity and psychosocial disabilities, articulated with a dogmatic analysis of normative sources, international jurisprudence, and national legislation. Among the most notable findings is the coexistence of discursive advances with a regressive regulatory structure that allows for involuntary confinement, forced treatment, and substituted wills such as guardianship. The conclusion is that overcoming these contradictions requires a comprehensive reform based on the support model and the guarantee of personal autonomy, as a condition for equality and full citizenship for people with psychosocial disabilities.