Summary of Estado de interdicción y derechos de las personas con discapacidad: Ya lo dijo la Corte

00:00:00 - 00:50:00

The video discusses the state of interdiction and rights of people with disabilities, and argues that the process must be considered with nuance and that there is a lack of compliance with human rights principles by many countries. It also discusses how traditional safeguards, such as a guardian or advocate, are necessary to protect the person's rights and independence.

• 00:00:00 The video discusses the concept of an "estado de interdicción," which refers to a restriction of a person's legal ability due to certain mental or physical conditions. In this case, the person was declared unable to make decisions by a court due to a disability. The video features a guest speaker, María Dolores Higareda, who will discuss her views on the case. Higareda is a lawyer and professor who has written extensively on disability rights. She will discuss the case of a person with a disability who filed an indirect amparo request, which was later reviewed by a district court and then appealed to the Supreme Court. Higareda will explain the concept of an "estado de interdicción" and its origins in civil law. She will also discuss the significance of the case for civil rights and the role of the judiciary in society.
• 00:05:00 The video discusses the concept of state of inhibition and the rights of people with disabilities. It discusses how society filters these people through a tutor and also the entire society and structure is oriented towards seeing them as small, vulnerable people. Eventually, they become replaceable as you would with a very small child who can't make decisions for themselves because they lack maturity and knowledge. In this case, a family member requests that the disability be declared so that the mother can take care of the child even after she dies. The mother then dies, and the person who declares the disability becomes the child's new tutor. The child then decides that he wants to live independently and the tutor tells him that he is ready to start a project life. The judge refuses to listen to him, and the child has to go through his representative. The child can't be represented by himself, so he has to go through his representative. The main point of the video is that the child marries without a state of inhibition, which was achieved through a complicated process. The original tutor, who was the main opponent of the child's independence, eventually dies. The child then decides to go forward with the person he refers to as "the one who wants to be". This person wants to start a new
• 00:10:00 This video discusses the difference between private and public rights, and how the model of social rights is already being analyzed and studied extensively in the medical rehabilitation sphere. You are sick, you don't decide for yourself; the tutor decides for you. This is what is enshrined in civil codes, as the pioneering text in having social and human rights framed as law. Social rights, also known as the Convention on the Rights of Persons with Disabilities, is an international treaty that is obligatory for America and Mexico has signed it, and ratified it, within the 2007 timeframe. In effect, Mexico officially ratified it in 2008. It is a constitutional right that is obligatory, meaning that it is a right that must be followed by all states. It is important to note that it is fully binding, and applies to everyone in the same way, 100% mandatory. I always feel connected and in this text's focus, it states: "Yes, yes, yes, precisely the Convention on Rights of Persons with Disabilities what makes it possible to take a human rights based model into account". This distinction between private and public rights is slowly disappearing, as is the dichotomy between those who say "normality is an abnormal state" and those who say "the abnormal is a
• 00:15:00 The video discusses the importance of distinguishing between different types of disabilities, and how a person with a specific type of disability can still have legal capacity. It also discusses the importance of special tribunals for people with disabilities, and how courts should deal with cases of people with disabilities. Finally, the presenter discusses a recent case in which the Supreme Court ruled that a person with a mental disability cannot be automatically declared incapacitated.
• 00:20:00 The importance of the state of inhibition and the rights of people with disabilities is often not realized, and this is especially true for people with disabilities who suffer from pain. In a part of the sentence that caught my attention, the court mentions that the fact of giving this treatment, based on the state of inhibition, to a person can even cosify them. This is a very serious issue, as it allows society to treat people with disabilities as objects rather than subjects of rights. To demand these rights, a person with a disability must have a universal design that makes accessing their rights easier, as well as access to public institutions. This is a very important topic, and one that has not been properly addressed in court rulings to date. The issue of accessibility is a very important one, as it allows people with disabilities to fully exercise their rights. In the article, "Accessibility in the Digital World," Laura-Linda Broudy states, "Accessibility is not only about making a site or application usable by people with disabilities, but also ensuring that the site or application is usable by all people, regardless of their abilities." In order to properly address this issue, courts must take into account the concept of "salvaguardias adecuadas
• 00:25:00 The video discusses how people with disabilities should be treated and recognized as legal persons with the same rights as everyone else. It affirms the person's right to exercise their legal capacity, and may require some assistance to do so, but this should not be seen as a limitation. The video also points out that people with disabilities often experience significant discrimination in traditional systems of care, such as in decisions about where they live or who they can marry. The video discusses how traditional safeguards, such as a guardian or advocate, are necessary to protect the person's rights and independence.
• 00:30:00 The video discusses the state of interdiction and rights of people with disabilities, and argues that there is no other way to say it - the process must be considered with nuances that may exist, and there may be some flexibility in applying the Convention. The main problem with many countries' implementation of the Convention is that there is often a lack of compliance with human rights principles, as judged by judges. Judges must comply with the Convention by adapting their approach to cases based on the individual's disability. However, overall Mexico is behind in implementing the Convention, and has not fully harmonized its civil and procedural laws to match the standards of the Convention. This lack of compliance has led to a lack of accessibility to justice for people with disabilities, and a lack of understanding of the rights of people with disabilities by lawmakers. Judicial adjustments to the process are necessary, but should not be seen as a return to the days when people with disabilities were labeled as "incapable." Rather, judicial adjustments are needed in order to ensure the rights of people with disabilities are upheld.
• 00:35:00 The video discusses the issue of disability discrimination, focusing on a precedent-setting case in Mexico City. The court found that the state's prohibition of certain disabilities from accessing justice is unconstitutional, and that this discrimination perpetuates negative stereotypes and undermines the rights of people with disabilities. The discussion also touches on the rights of people with disabilities under the Convention on the Rights of Persons with Disabilities.
• 00:40:00 In Mexico, the state of interdiction and rights of persons with disabilities has been ruled unconstitutional by the Supreme Court. This doctrine holds that the state of interdiction, or deprivation of rights, is incompatible with the Convention on the Rights of Persons with Disabilities. In order to protect persons with disabilities, the court says that the state must harmonize its legislation in order to allow for the full exercise of rights. You cannot have an interdiction state and at the same time maintain the obligation to the Convention. In the end, I will summarize what was said by returning to what I started with. If there is a goal of protection, but this protection is so inclusive and restrictive that it is unconstitutional, then the person with disabilities is left in a state of total vulnerability, depending on the will of another person. And as the court finds in its first sentence, even a judge is not guaranteed an opportunity to hear the person with disabilities if he or she requests it. The civil law judge applies the civil law, but does not apply the Convention. This leaves persons with disabilities unprotected and vulnerable. The diversity of people with disabilities is part of who they are and is recognized in the rights discourse. The Supreme Court has put a powerful message in this when it says
• 00:45:00 The video discusses the subject of disability rights, and how certain decisions cannot be taken by an individual with a disability, and that a person with a disability has certain legal abilities. It then goes into the topic of support, and how it helps people with disabilities to exercise their legal rights. One example mentioned is public transportation, which can be accessible to people with disabilities in different ways, depending on their particular disability. Another example is the banking system, which is accessible to all people, regardless of their disabilities. The video also discusses the importance of dialogue, and how we should all value and appreciate the importance of it.
• 00:50:00 The video discusses the state of interdiction and rights of people with disabilities, citing a number of international treaties to support its points. The speaker mentions the work done by a committee of rights of persons with disabilities, and provides a brief summary of one of the committee's key findings - that any person or institution that has jurisdiction should be aware of the UN Convention on the Rights of Persons with Disabilities. Education of lawyers is of particular importance, as is ensuring that those who work in the justice system are properly trained in human rights. The speaker finishes by noting that there is a lack of properly trained lawyers, and that this lack of representation can have a negative impact on the rights of all people.