In historical perspective, in our country there has been progress in general in some social aspects, such as life in a democracy; various economic variables; coverage in basic education; among others. However, there are still population groups to which opportunities do not reach them under equal conditions.
Thus, there are factors that limit the development of people, for example, gender; ethnic origin; sexual orientation; including health conditions. From these and other social variables, significant gaps are generated in the ability to access various satisfiers and the full enjoyment of fundamental freedoms.
In our country, although there is a robust regulatory framework in the area of human rights that, of course, has equality as one of its principles, in reality there are important pending issues to guarantee that all people, regardless of their particularities, have a level floor to demand and exercise them.
In the plane of political-electoral rightsMexico is distinguished by having a broad set of institutions, laws, and procedures that support the functioning of the electoral system that, in a formal way, protects the rights to vote and be voted for, as well as the right to participate in the different electoral events, in a context of free competition and equality between the contenders.
However, it is necessary to create the conditions for the normative framework to take effect in a social environment that is distinguished by the prevalence of asymmetries of different kinds that can affect the way in which people assert their rights, particularly those belonging to groups in a situation of vulnerability.
In this context, it is pertinent to mention that the People with disabilities historically they have experienced discrimination, prejudice and even rejection. This results in limitations, disadvantages and circumstances of exclusion that negatively affect their full development and enjoyment of their fundamental freedoms. Thus, they face multiple barriers that hinder their integration into social dynamics, ranging from ignorance, misconceptions, to physical obstacles in public spaces and buildings.
Due to the foregoing, the resolution adopted on July 27, by a majority of its members, becomes relevant. Superior Chamber of the Electoral Court of the Judicial Power of the Federationin relation to the Trial for the Protection of the Political-Electoral Rights of the Citizen SUP-JDC-92/2022 and accumulated.
In this court proceeding, People with disabilities resorted to the jurisdictional body to challenge what, in their opinion, constituted a legislative omission of the Union Congress in terms of enacting legislation on political-electoral rights of people in their condition, so that the political parties nominate them for positions of popular election, as well as to occupy positions in the management bodies and party structure.
In his analysis, the electoral Tribunalin exercise of constitutional control, establishes that a legislative omission can be updated when Congress does not comply with its obligation to adopt measures in favor of a group in a situation of vulnerability derived from international instruments to which Mexico is a party, such as the Convention on the Rights of Persons with Disabilities and the Inter-American Convention for the Elimination of All Forms of Discrimination against Persons with Disabilities.
Thus, most of the members of the Upper room pointed out that, according to the control parameter of constitutional regularity, the Union Congress it does have the obligation to guarantee the political rights of the People with disabilities so that they have access to popularly elected and public positions, under equal conditions, as well as create an environment for this group to participate fully and effectively in the conduct of public affairs.
Due to the foregoing, it resolved to bind the Union Congress so that, in the exercise of its sovereignty and competence, it implements the legislative measures it deems necessary to guarantee the political-electoral rights of the People with disabilities, social barriers are eliminated and reasonable adjustments are made so that they can exercise such prerogatives on equal terms with others, in accordance with the social model and international obligations on the matter.
From the state institutions, there are multiple areas in which action can be taken to achieve the effectiveness of the rights enshrined in our Fundamental Norm and developed in the legal framework. With his decision, the Superior Chamber of the Electoral Court of the Judicial Power of the Federationin exercise of its function as guardian of the constitutional regularity in the matter, pays that the People with disabilities can act fully in political spaces, with autonomy and freedom, promoting the action of the Legislative Power for it, within a framework of respect for its sphere of attributions.