Mexico City 's landmark Civil Code reform on legal capacity should be carried out in a way that fully respects everyone's autonomy and equality, including people with disabilities and older people, Human Rights Watch and the College of Notaries of Mexico City said today. Their jointly issued publication, Roadmap for Change: The Path Toward Implementing the Legal Capacity Reform in Mexico City, is a practical guide to carrying out the reform.
The reform, which took effect in December 2024, recognizes that all adults have full legal capacity-the right to make decisions about their own lives-regardless of disability, age, or health status. It prohibits any restriction of this right based on placing the person under any protected status, to ensure that anyone may choose to receive support in exercising their rights if they wish, but can never be forced to do so.
Roberto Garzón, president of the College of Notaries of Mexico City, emphasized the importance of notaries' leadership in making this reform a reality:
"The notary profession plays a vital role in making the principles of autonomy, equality, and dignity a lived reality for everyone," Garzón said. "Through our daily practice, we can help ensure that no one is excluded from exercising their rights simply because they communicate, think, or make decisions differently."
"This reform marks a historic step for human rights in Mexico City," said Carlos Ríos Espinosa, associate disability rights director at Human Rights Watch. "It moves the city away from outdated systems that deprived people of control over their lives and toward a model that recognizes everyone's right to make their own choices, with support when needed."
The guide was developed jointly by Human Rights Watch and the College of Notaries of Mexico City, to provide clear explanations and case studies illustrating how the reform can be applied in everyday practice. It includes examples of good practices for communicating effectively with people who may need support to make decisions, along with practical templates for designating people to provide that support.
The cases in the roadmap are hypothetical, but are based on real and recurring situations that notaries encounter across Mexico City. They reflect common consultations, concerns, and legal acts typically handled in notary offices, illustrating how the new legal framework can be used to respect the will and preferences of each individual.
The examples include:
- A man with West syndrome, a rare form of epilepsy, who designates types of support to help him accept an inheritance from his mother and make informed decisions about investing the proceeds. The case demonstrates how notaries can facilitate accessible communication and ensure that the person's will and preferences guide every step of the process.
- A 70-year-old woman, who makes an advance designation of types of support to ensure that, in the future, she can receive assistance in making decisions about managing her assets, planning investments, and her daily life. This example highlights how advance designation can safeguard autonomy while allowing people to plan for possible changing circumstances such as illness or disability.
- A young woman on the autism spectrum who designates types of support to help her carry out administrative procedures with public institutions. The case shows how the law enables people to choose the type of assistance they need to navigate bureaucratic systems without relinquishing their right to make their own decisions.
The roadmap emphasizes that the right to legal capacity is guaranteed under international human rights law, including Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD), which Mexico ratified in 2007. It offers concrete recommendations to ensure that notaries and public institutions respect the will and preferences of individuals while establishing safeguards to prevent abuse or conflicts of interest.
"This reform has the potential to transform lives," Ríos Espinosa said. "But laws alone are not enough. Implementation will require training, awareness, and a change in attitudes to ensure that people with disabilities and older people can make decisions about their own lives-where to live, how to manage their finances, what medical treatments to accept-just like everyone else."
Human Rights Watch and the College of Notaries urged Mexico City authorities to ensure that notaries, judges, and social service providers receive continuing training on the new legal framework. They also emphasized the need for clear regulatory guidelines and accessible materials to support effective implementation, and urged other state governments to adopt and replicate this model in their own jurisdictions.
The Mexico City reform and the Roadmap for Change mark a decisive step away from substituted decision-making, such as guardianship, toward genuine support for exercising legal capacity. Together, Human Rights Watch and the College of Notaries reaffirm their shared commitment to promoting a legal culture that places autonomy and equality at the heart of justice.
"This represents not only a legal change, but a profound cultural shift," Garzon said. "It reaffirms that all people, including those historically marginalized, have the right to make decisions about their own lives. The College of Notaries of Mexico City is proud to contribute to support this transformation by promoting professional practices that respect the will and preferences of every individual."
