Documenta: On March 28, 2023, Documenta filed an Amparo lawsuit challenging the conventionality of a provision in the Mexico City Penal Code that allows for persons with disabilities to be incarcerated and subject to involuntary treatment in the context of criminal procedures. The provision, which allows for a security measure titled “tratamiento para inimputables”, disproportionately affects persons with intellectual and psychosocial disabilities and violates fundamental rights enshrined in the CRPD, such as the rights to equality, non-discrimination, legal capacity and freedom from arbitrary detention.

Following an initial dismissal by a District Court, Documenta appealed to a Collegiate Court, which subsequently requested Mexico’s Supreme Court (SCJN) to review the case. The SCJN accepted the case for review on December 6, 2023, and it is currently pending before the First Chamber, under file number Amparo en Revisión 115/2024.

This case is a historical opportunity to establish legal precedent in Mexico regarding the protection of the rights of persons with disabilities and the prohibition of involuntary detention and treatment based on disability. It challenges discriminatory laws and practices related to the involuntary detention of persons with disabilities, usually in the basis of their perceived danger or need for treatment.