On the Road to Freedom from Guardianship in Mexico

Carlos Ríos Espinosa - Human Rights Watch

Mexico’s Supreme Court First Chamber has issued a ruling declaring that the practice of placing one 50-year old man with an intellectual disability under "guardianship," and thus stripping him of his autonomy and many basic rights, is discriminatory, according to this news release from Human Rights Watch. While the ruling only applies to this individual, it sets a precedent that may be followed by Congress and potentially enacted into law, promoting the inclusion of people with disabilities, including children, in the community. "The court’s decision is a giant step. Depriving people with disabilities of the right to make decisions for themselves limits their enjoyment of other rights such access to justice, due process, to live independently, and to be included in the community," says the article. "In its decision, the court confirmed nearly all the standards that the UN Committee on the Rights of Persons with Disabilities has laid out when discussing the right to legal capacity. The committee has stated that people with disabilities should enjoy legal control over their own lives, regardless of the degree of support they need to make decisions. This cannot be restricted on the basis of type of disability or the alleged degree of 'mental capacity' of a person."