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The UN Convention on the Rights of Persons with Disabilities in PracticeA Comparative Analysis of the Role of Courts$
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Lisa Waddington and Anna Lawson

Print publication date: 2018

Print ISBN-13: 9780198786627

Published to Oxford Scholarship Online: July 2018

DOI: 10.1093/oso/9780198786627.001.0001

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Mexico

Mexico

Chapter:
(p.314) 11 Mexico
Source:
The UN Convention on the Rights of Persons with Disabilities in Practice
Author(s):

Matthew S Smith

Michael Ashley Stein

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198786627.003.0011

This chapter analyses how Mexico’s Supreme Court has applied the Convention on the Rights of Persons with Disabilities (CRPD) to decide cases involving persons with disabilities following its 2011 constitutional reform. Although the Court has c to develop instructive case law on incorporating the CRPD into the domestic legal order, it has frequently failed to do so in an even-handed manner. Even when the Court has sided with petitioners with disabilities, its application of the CRPD to the facts of the case has been erratic, both making it difficult to predict how the Court will adjudicate future claims and also hindering the CRPD’s transformative potential for changing how individuals, organisations and society at large act towards persons with disabilities through its expressive value. Civil society organisations that have advocated for progressive rulings have a responsibility for educating the Court to develop workable judicial tests for CRPD-based claims.

Keywords:   Mexico, 2011 Constitutional Reform, civil society, Convention on the Rights of Persons with Disabilities (CRPD), court judgments, disability rights, expressive value, human rights, international treaty, Supreme Court

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