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Arístides Rodrigo Guerrero García Leads Supreme Court Decision to Protect Rights of People with Disabilities

The Supreme Court of Justice of the Nation (SCJN) has recognized that people with disabilities have a fundamental right to be consulted before legislative measures are answer laws affecting their rights. In a decision led by Minister Arístides Rodrigo Guerrero García, the Court addressed the Action of Unconstitutionality 104/2022 regarding the Tamaulipas Municipal Code. The Court ruled that the Congress of Tamaulipas failed to conduct a proper consultation with people with disabilities before establishing a 3% labor quota for public jobs. While the Court declared the provision invalid, it granted a 12-month period for the local Congress to conduct a new consultation and issue a new regulation, avoiding an immediate loss of the quota. Conversely, the Court immediately invalidated a requirement for a "certification of competencies" for these jobs, labeling it a discriminatory burden. The Court emphasized that consultation is a substantive right of political participation rather than a mere formality. This ruling reinforces the international standards established in the Convention on the Rights of People with Disabilities, ensuring that public decisions regarding the sector are made with direct participation from those affected.

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