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Human Rights Watch (HRW) on Thursday condemned the Mexico Supreme Court’s decision to deemphasize legislative consultation with people with disabilities prior to enactment of law that may effect them, claiming the ruling risks further marginalizing a vulnerable community.
HRW associate disability rights Director Carlos Ríos Espinosa stated, “Consultation is not a bureaucratic formality, but a right enshrined in the Convention on the Rights of People with Disabilities (CRPD) and a safeguard of dignity and democratic participation.”
Precedent had previously required legislators to consult with people with disabilities before passing new laws that effect their rights. Many saw the rule as an important safeguard against the bureaucratic erasure of citizens’ voices.
The new doctrine, however, weakens that requirement by placing a burden on litigants to affirmatively request consultation and allowing legislation to remain valid if it is deemed “beneficial” to persons with disabilities, irrespective of whether proper consultation procedures were observed.
HRW argued that the new standard is ambiguous, takes legal autonomy away from disabled-people, and risks entrenching paternalistic assumptions into law, rather than respecting individuals’ agency.
The shift in doctrine was announced in a case brought by the National Commission of Human Rights challenging Law No. 817 for Persons with Disabilities of the State of Guerrero. The ruling came as a surprise, as previous attempts to bypass consultation in the legislative process had been invalidated by the court. For example, a 2020 ruling struck down a law in Chihuahua, that permitted adults with disabilities to be legally adopted by older adults, due to the lack of adherence to consultation and procedural safeguards.
The court’s new posture runs counter to nationally and internationally accepted legal principles, like those expressed in Article 1 of the Universal Declaration of Human Rights, which deems that all human beings are equal in rights, and Article 26 of the International Covenant on Civil and Political Rights, which enshrines the principle of non-discrimination before the law. In prior cases, in which the Supreme Court struck down a proposed autism law and a Mexico City education law, the court upheld the consultation requirement as a manifestation of principles in Article 1 of the Mexican Constitution.
The post Group criticizes Mexico Supreme Court weakening role of consultation in disability legislation appeared first on JURIST - News.
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HRW associate disability rights Director Carlos Ríos Espinosa stated, “Consultation is not a bureaucratic formality, but a right enshrined in the Convention on the Rights of People with Disabilities (CRPD) and a safeguard of dignity and democratic participation.”
Precedent had previously required legislators to consult with people with disabilities before passing new laws that effect their rights. Many saw the rule as an important safeguard against the bureaucratic erasure of citizens’ voices.
The new doctrine, however, weakens that requirement by placing a burden on litigants to affirmatively request consultation and allowing legislation to remain valid if it is deemed “beneficial” to persons with disabilities, irrespective of whether proper consultation procedures were observed.
HRW argued that the new standard is ambiguous, takes legal autonomy away from disabled-people, and risks entrenching paternalistic assumptions into law, rather than respecting individuals’ agency.
The shift in doctrine was announced in a case brought by the National Commission of Human Rights challenging Law No. 817 for Persons with Disabilities of the State of Guerrero. The ruling came as a surprise, as previous attempts to bypass consultation in the legislative process had been invalidated by the court. For example, a 2020 ruling struck down a law in Chihuahua, that permitted adults with disabilities to be legally adopted by older adults, due to the lack of adherence to consultation and procedural safeguards.
The court’s new posture runs counter to nationally and internationally accepted legal principles, like those expressed in Article 1 of the Universal Declaration of Human Rights, which deems that all human beings are equal in rights, and Article 26 of the International Covenant on Civil and Political Rights, which enshrines the principle of non-discrimination before the law. In prior cases, in which the Supreme Court struck down a proposed autism law and a Mexico City education law, the court upheld the consultation requirement as a manifestation of principles in Article 1 of the Mexican Constitution.
The post Group criticizes Mexico Supreme Court weakening role of consultation in disability legislation appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.