SCJN Reinforces Rights of Persons with Disabilities and Indigenous People

According to press release No.117/2026 from the Supreme Court of Justice of the Nation (SCJN) dated August 18, 2026, the highest court has issued significant rulings impacting the rights of persons with disabilities and indigenous people's access to justice in Mexico.

Right to consultation for persons with disabilities

The SCJN reaffirmed that persons with disabilities have the right to participate, through prior, close, and active consultation, in the drafting of legislation affecting their rights and interests. The Plenary declared the invalidity, with deferred effects, of articles 35 of the Law on the Rights of Persons with Disabilities and 205 Bis of the Municipal Code, both from the state of Tamaulipas. These norms established the obligation to reserve at least 3% of municipal public jobs for persons with disabilities. The invalidity was declared because the local Congress failed to conduct the mandatory prior consultation, even though the norm could be considered beneficial. A 12-month period was granted to re-establish the legislative procedure.

Additionally, the SCJN immediately invalidated the normative portions of these articles that required "certification of their competencies" to access these jobs. This condition was deemed discriminatory and contrary to the right to equality, as it imposed an unjustified additional burden.

For companies and entities, this ruling highlights the importance of legislative processes and the participation of affected groups. It implies that any regulation or policy concerning persons with disabilities must comply with the consultation requirement, and that employment practices must avoid discriminatory requirements.

Protection of indigenous people's access to justice

In another matter, the SCJN ruled that a person's self-identification as belonging to an indigenous people or community is sufficient for judicial authorities to activate the necessary measures to guarantee their effective access to justice. No additional formalities or proof can be demanded to recognize this condition. This means that, once self-identification is stated, authorities must assess the situation to determine if measures such as an interpreter or specialized defense are necessary.

This decision is crucial for the legal strategy of any firm or company facing litigation. It is essential to be aware of the indigenous self-identification of any party involved and the authorities' obligation to activate safeguards, which can significantly influence the development and outcome of a judicial process.

This content is for informational purposes only and does not constitute legal or tax advice. Each case must be analyzed individually.