Eppur si muove: prior consultation and international law regarding mobility law in Mexico

Abstract

In this article we analyze the development of the right to prior consultation to persons with disabilities, particularly with mobility impairments. It is argued that the right to prior consultation derives from international law. In Mexico it has been particularly debated in view of the obligation foreseen by the International Labour Organization Convention No. 169. In this sense, prior consultation established by the Convention on the Rights of Persons with Disabilities has nourished from various legal sources. In 2016, only two cases of prior consultation regarding disability have been discussed by the Supreme Court of the Nation. Despite the natural initial difficulties, recently the discussion regarding the unconstitutionality action 33/2015 (where Mobility Law of Mexico City was discussed) showed a Supreme Court prepared to grant legal consequences to the lack of prior consultation to people with disabilities.