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Batres to Revise Supreme Court Draft on Disability Consultation After Public Hearings

She moved to address concerns that her proposal would shift the burden onto people with disabilities to police laws that affect them.

Overview

  • The announcement came at the start of the second day of three SCJN public hearings on invalidating laws for lack of consultation, with the sessions set to conclude today.
  • On October 7, the Court voted 8–1 to abandon its prior rule that automatically struck down general laws not preceded by consultation with vulnerable groups.
  • The initial draft in action of unconstitutionality 182/2024 would make prior consultation enforceable before the SCJN or federal courts only when requested by people with disabilities or their organizations, referencing constitutional articles 103 and 107.
  • Disability advocates including Jesús Axel and Sandra Padilla urged keeping consultation as a timely, accessible process capable of influencing decisions, invoking Inter‑American precedents and warning of state reforms, such as in Michoacán, that entrench institutionalization when consultation is skipped.
  • While most speakers criticized the draft, some supported case‑by‑case review over automatic nullification, and Minister Yasmín Esquivel emphasized consultation as a substantive instrument of democratic participation that the state is obliged to guarantee.