Fue un error los permisos matrimoniales para personas sordas o invidentes

Desde CERMI se contactó con el Ministerio de Justicia donde señalaron que, efectivamente, era un error que había que solventar, para lo que es necesario aprobar una ley que modifique el precepto.

Ante las recientes noticias aparecidas en los medios de comunicación relativas a la obligación legal de que las personas sordas y ciegas dispongan de un certificado para poder contraer matrimonio y dada la comprensible alarma que este asunto está generando, FUNDACASOR facilita la siguiente información.

 

Situación

En julio de 2015, apareció publicada en el BOE la Ley de la Jurisdicción Voluntaria, norma que, entre otros aspectos, modificaba algunos artículos del Código Civil.

En el último trámite antes de su aprobación, por error o por un exceso de celo malentendido, se incluyó en el Senado una enmienda que no se pudo conocer, ni negociar con anterioridad, como viene siendo habitual desde CERMI.

De esta manera, el BOE recogió la modificación del artículo 56 del Código Civil que pasaba a tener la siguiente redacción:




«Quienes deseen contraer matrimonio acreditarán previamente en acta o expediente tramitado conforme a la legislación del Registro Civil, que reúnen los requisitos de capacidad y la inexistencia de impedimentos o su dispensa, de acuerdo con lo previsto en este Código.

Si alguno de los contrayentes estuviere afectado por deficiencias mentales, intelectuales o sensoriales, se exigirá por el Secretario judicial, Notario, Encargado del Registro Civil o funcionario que tramite el acta o expediente, dictamen médico sobre su aptitud para prestar el consentimiento.»

La misma Ley establece la entrada en vigor de este precepto el 30 de junio de 2017

Acuerdo Político

Desde CERMI se contactó con el Ministerio de Justicia donde señalaron que, efectivamente, era un error que había que solventar, para lo que es necesario aprobar una ley que modifique el precepto.

Poco después, se disolvieron las Cortes Generales, ha habido un año de gobierno en funciones y ahora que volvemos a tener un Ejecutivo y un Legislativo en pleno funcionamiento, se ha retomado el asunto con el Ministerio, alcanzando un acuerdo político para obtener una solución transitoria a la situación creada, hasta su total subsanación.

Solución Transitoria

Teniendo en cuenta lo ajustado que están los plazos para aprobar una Ley de modificación, CERMI y la Dirección General de los Registros y el Notariado del Ministerio del Interior están trabajando, mientras tanto, en una solución transitoria: la aprobación de una circular sobre la interpretación y aplicación del artículo 56 del Código Civil que resulte vinculante y de obligado cumplimiento para el Letrado de la Administración de Justicia, Notario, Encargado del Registro Civil o funcionario que tramite el acta o expediente de matrimonio.

Dicha circular aclarará que el precepto debe interpretarse restrictivamente, excluyendo a aquéllos supuestos en que la discapacidad afecte tan sólo a los medios de emisión de ese consentimiento o nada tenga que ver con la aptitud para prestarlo. Caso de las personas con discapacidad sensorial (sordera y ceguera).

Esta solución transitoria servirá mientras se realiza la tramitación parlamentaria para aprobar la Ley que modifique este artículo.

Por tanto, cualquier caso que se encuentre en esta circunstancia debe invocar a esta Resolución que se emitirá en breve.

Al mismo tiempo, recordad el amparo que ofrece el marco legal establecido por la Convención Internacional sobre los derechos de las personas con discapacidad, en cuyo artículo 12 se establece el igual reconocimiento de las personas con discapacidad ante la ley.

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