Mexico City Advances Legal Capacity Rights with New Implementation Guide

Introduction to the Reform and Implementation Guide

Mexico City has taken a significant step forward in human rights with the release of a practical guide designed to implement its recent Civil Code reform. The guide, titled 'Roadmap for Change: The Path Toward Implementing the Legal Capacity Reform in Mexico City,' was jointly published by Human Rights Watch and the College of Notaries of Mexico City. Its purpose is to ensure the reform, which recognizes the full legal capacity of people with disabilities and older persons, is carried out effectively and respectfully.

Landmark Civil Code Reform Takes Effect

The landmark reform to Mexico City's Civil Code officially took effect in December 2024, following its publication on November 29, 2024. This progressive legislation acknowledges that all adults, aged 18 or older, possess full legal capacity—the inherent right to make decisions about their own lives—irrespective of their disability, age, or health status. Crucially, it prohibits any restriction of this fundamental right based on placing an individual under a protected status. The reform marks a profound shift away from traditional substituted decision-making models, such as guardianship, towards a system that prioritizes supported decision-making, allowing individuals to choose to receive support without being compelled to do so.

'Roadmap for Change' Details and Objectives

The 70-page 'Roadmap for Change' serves as a vital tool for legal professionals and institutions. It provides clear explanations, good practices, and real-life examples to guide the implementation of the legal capacity reform in a rights-respecting manner. The guide offers concrete tools for notaries, including communication strategies, templates for designating supports, and illustrative case studies, all aimed at ensuring that each person's will and preferences are respected in daily practice. Roberto Garzón, president of the College of Notaries of Mexico City, emphasized the critical role of notaries, stating, 'The notary profession plays a vital role in making the principles of autonomy, equality, and dignity a lived reality for everyone.' He added, 'This represents not only a legal change, but a profound cultural shift.'

Impact and Future Implications

This reform is a significant advancement for human rights in Mexico City, empowering thousands of people with disabilities and older persons to exercise greater autonomy over their lives, including decisions regarding finances, living arrangements, and medical treatments. The initiative aligns with international human rights standards, particularly Article 12 of the Convention on the Rights of Persons with Disabilities. Human Rights Watch and the College of Notaries have urged Mexico City authorities to ensure ongoing training for notaries, judges, and social service providers on the new legal framework. They also called for clear regulatory guidelines and accessible materials to support effective implementation, encouraging other Mexican states to adopt and replicate this progressive model. The reform builds upon earlier legal developments, including the Mexican Supreme Court's 2019 ruling that guardianship is unconstitutional and the National Civil and Family Procedure Code's 2023 abolition of guardianship at the national level.