Mexico

Mexico 

At a glance

• Mexico’s General Law for the Inclusion of People with Disabilities (2011) provides protection from discrimination in broad areas of life, including as employees, customers and members of the public. 

• Article 1 of the Mexican Constitution prohibits any form of discrimination based on disability and guarantees the human rights of all individuals in Mexico. 

• Mexico has both signed and ratified the UN Convention on the Rights of Persons with Disabilities (CRPD). 

Key stats

• 6.1 million people in Mexico were disabled in 2020, roughly 4.8 per cent of the population. 

• 29 per cent of disabled people in Mexico were employed in 2010, compared with 56 per cent of non-disabled people (Disability Data Initiative). 

The law

• Disability legislation: 
  • Mexican Constitution – This was amended in 2011 to prohibit “any form of discrimination based on… disabilities… which violates the human dignity or seeks to annul or diminish the rights or freedoms of the people.” It does not state how it defines disability. 
  • General Law for the Inclusion of People with Disabilities (2011) – This was passed explicitly to formalise disabled people’s constitutional right to protection from discrimination. It also incorporates the principles of the UN CRPD. Among other provisions, it requires employers and businesses to make “reasonable adjustments” for disabled employees and customers. It also requires accessibility in the physical environment, communication and IT systems. 
  • Federal Labour Law – Outlaws discrimination in employment based on disability. Sets required standards of safety and hygiene for disabled workers. It differentiates between temporary disability, partial permanent disability and total permanent disability. 

• Definition of disability – The General Law for the Inclusion of People with Disabilities defines people with disabilities as:  
  • “Any person who, by reason of congenital or acquired reason, presents one or more deficiencies of a physical, mental, intellectual or sensory nature, either permanent or temporary and that when interacting with the barriers imposed by him social environment, can prevent its full and effective inclusion, on a level playing field with others.” 

Language

• Disability – In Mexico, the generally accepted term for disability is ‘discapacidad.’ There are some more archaic or offensive terms, but these should be avoided. 

• Persons / people with disabilities – The General Law for the Inclusion of People with Disabilities talks about ‘personas con discapacidad.’ In English, this is ‘people / persons with disabilities’ (depending on the translation). 

• Person-first language – As suggested above, generally accepted language around disability uses identity first language. This is ‘person with a disability’ or ‘persona con discapacidad.’ Using identity-first language may be more likely to cause offence. However, individuals may have their own preferences. 

• Reasonable adjustments – When talking about changes at work to remove barriers for disabled employees, the 2011 General Law refers to ‘ajustes razonables’ (reasonable adjustments). 

Employment

• Adjustments / accommodations – Employers are required to make ‘reasonable adjustments’ for disabled employees. This includes modifications and adaptations at work. Employers do not need to make adjustments that impose an undue burden. 

• Positive discrimination – The 2011 General Law allows for ‘positive affirmative action measures’ to improve inclusion of groups facing a high degree of discrimination, including disabled people, by public bodies. 

• Quotas – Mexico does not require employers to employ people with disabilities as a set proportion of their workforce. 

• Incentives – Employers can claim tax credits worth up to 25 per cent of the salary of employees with specified disabilities. 

Customers

• The 2011 General Law for the Inclusion of People with Disabilities requires providers of goods and services to ensure that they are accessible to customers and service users with disabilities. This includes making reasonable adjustments to remove barriers.  

Built environment

• There are no uniform standards for physical accessibility in Mexico. 

Digital accessibility

• The Federal Telecommunications and Broadcasting Law requires all telecommunication services to be fully accessible to disabled people – including digital and online services. 

• The General Law for the Inclusion of People with Disabilities requires “authorized telecommunication services” to meet WCAG standards. This applies to private businesses. 

• Article 6 of the Mexican Constitution guarantees the right to access information and communication, including telecommunication and online services. 

Country-specific disability organisations

• Porta del Empleo – A job portal to help disabled people find employment. Shares job postings and information about accessibility. 
• COAMEX – A coalition of organisations across Mexico advocating for the rights of disabled people.