Legislative and case-law analysis of constitutional antinomy regarding juridical capacity of people with mental disabilities

Abstract

The present article will start from the count and critical discussion about the most relevant legal system at federal and local levels of Mexico City, concerning the rights of people with mental or phychosocial disabilities, thought article 12 of the Convention on the Rights of Persons with Disabilities. Will also be exposed the richest text that could be extracted from the criteria sustained in ten theses of the Supreme Court of the Nation. 

It should be emphasized that the references to the "incapable" and " disability" presented in our Law of Laws, has a deep resonance in the legal system, given the resulting expressions ("disabled" and "invalid") is foreign to the new social and human rights model that has received the own Constitution. 

Therefore, until the political constitution is reformed, in regards to the part that provides for the "incapable" (regulating procedural exceptions in the legal protection "amparo") or "disability" (anticipating it like a figure in the social security system), any rule emanating directly or indirectly from it could be assumed apparently to be justified in the improper constitutional grammar mentioned previously.