People with disabilities have seen two major policy wins in the Americas this fall, one in Mexico City and the other in Costa Rica. Both victories help guarantee equal legal recognition for all people.
In Mexico City, new legislation went into effect on December 1, guaranteeing everyone over the age of 18 full legal capacity, including people with disabilities and older people. Previously, adults with disabilities in Mexico City could have been required to have a legal guardian. The new National Code of Civil and Family Procedures also guarantees that people can receive assistance in exercising their full legal capacity if they want it. For example, through the use of technology or people to help a person with disabilities better understand a legal proceeding or express themselves. Human Rights Watch worked as part of the Deciding is My Right coalition to advocate for the bill.
Similarly, Costa Rica protected the rights of people with disabilities in October, when its Legislative Assembly voted to reinstate recently repealed legal provisions, including one that guarantees this legal recognition.
Costa Rica has historically supported disability rights. It was one of the first Latin American countries in 1996 to pass legislation on the legal capacity of persons with disabilities. Then, in 2016, the Law for the Promotion of Personal Autonomy of Persons with Disabilities was introduced. A key provision of this important legislation, article 5, granted people a personal assistant to support them in making key legal decisions, replacing the guardianship model and helping safeguard people’s right to maintain their own legal independence.
But on October 23, 2019, the Legislative Assembly repealed this provision when adopting the new Family Procedural Code that reinstated guardianship and was scheduled to enter into force on October 1, 2024. In response to this change, Human Rights Watch sent a letter to the Legislative Assembly warning legislators about the risks associated with this regressive proposal. Together with disability rights groups Alianza Latinoamericana de Mujeres con Discapacidad and Centro Morpho from Costa Rica, Human Rights Watch held meetings with legislative advisors to explain the importance of safeguarding the legal capacity of persons with disabilities.
The Legislative Assembly announced on October 2024 that the proposed return of guardianship would be halted, reintroducing the critical provisions that had been repealed, including article 5. This decision will continue protections for equal representation and recognition of all persons within the Costa Rican legal system.
Through the advocacy efforts of Costa Rican and Mexico City advocates, the disability community, and Human Rights Watch, the full legal protection of the rights of persons with disabilities in both countries have been secured. Enforcement of these standards will be necessary to fully protect disability rights in Costa Rica and Mexico City. The right to legal capacity is fundamental to the enjoyment of all human rights by people with disabilities.
