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.