From Care to Subjecthood: The Paradigm Shift in the Reform of Article 49 of the Spanish Constitution and its Implications

Abstract This article presents a multidimensional analysis of the implications of the 2024 amendment to Article 49 of the Spanish Constitution, arguing that this change, extending far beyond the legal text itself, is a catalyst for profound transformations in the legal, social, and philosophical spheres. The paper demonstrates that, on the legal level, the reformed provision strengthens the case law of the courts, legitimizing the use of affirmative action and the duty to provide reasonable accommodation, as illustrated by key rulings of the Constitutional Tribunal and the Court of Justice of the EU. In the social dimension, the reform is presented as a tool to combat negative stereo-types, not only towards persons with disabilities but also towards the elderly, and as a symbolic strengthening of the role of organized civil society. Finally, in the philosophical sphere, the article analyzes how the amendment redefines the constitutional concept of dignity, moving away from the medical model towards a human rights-based paradigm. It also identifies key ethical dilemmas, such as the conflict between the principle of full autonomy and the duty of protection, which will pose a major challenge for the Spanish legal order in the coming years.