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Mexico’s Supreme Court Strikes Down State Rules on Abortion Consent, Disability Participation, and Nativity

The rulings underscore a shift toward the social model of disability, requiring authorities to replace blanket bans with reasonable accommodations.

Overview

  • - The court issued a Declaratoria General de Inconstitucionalidad expelling a Sinaloa Penal Code clause that allowed abortion without the gestating person's consent when deemed 'imposibilitada', with general and retroactive effect.
  • - No authority in Sinaloa may reapply the substitute‑consent rule, restoring the requirement for prior, free, full, and informed consent in all cases.
  • - In an 8–1 vote, the justices invalidated Quintana Roo’s 18‑and‑over requirement for its Parliament for the Inclusion of Persons with Disabilities, calling it an unjustified, discriminatory exclusion.
  • - The Quintana Roo legislature must modify regulations and calls to enable participation of children and adolescents with disabilities with appropriate supports, a change affecting an estimated 36,700 minors locally.
  • - The court also struck Chiapas provisions requiring certain judicial‑administrative officials to be 'chiapaneco(a)', finding the nativity condition unjustifiably barred qualified Mexican citizens from other states.