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“Being part of this list is an example of how there are no limits for anyone and how you can do everything you set out to do, whether or not you have a disability, it also shows that we can and we need to talk about intellectual disability. We mustn’t be invisible.”

Telos: You fight so that people with intellectual disabilities like you can take part in political life. Can you tell us about your work as an activist?

Fernanda Castro Maya: In 2018 I joined the CONFE (Mexican Confederation of Organizations in Favor of Intellectually Challenged People) to take part in their landscaping workshop, and that same year I joined the group of self-advocates.
We self-advocates are people with intellectual disabilities who are taught to know our rights, we speak on behalf of all people with intellectual disabilities and meet in groups to become active parts of society. In 2019 I prepared to join the group Empower Us of Inclusion International and I was subsequently nominated to represent Latin America.
I have taken part in webinars and conferences on topics such as women with disabilities, participation in political and public life, work inclusion and legal competency. For CONFE I teach self-advocates about empowerment and their rights.
In October 2020 I led the online consultation “Political Participation for People with Intellectual or Psychosocial Disabilities”, organised by Inclusion International and in June 2021 I was a speaker at the “Preliminary Virtual Publication of the Guide to Political Participation of People with Psychosocial or Intellectual Disabilities” for the collateral event of the Conference of States Parties to the UN Convention of the Rights of People with Disabilities.
Then I started to get interested in topics relating to the participation of people with intellectual disabilities in political and public life. In CONFE we have the National Network of Self-advocates. There are many sub-workgroups in this network: the Network of Women with Intellectual Disabilities, For Change in Mexico, My Voice is Your Voice and the CONFE self-advocates.
Some of the initiatives of the group ‘For Change in Mexico’ include liaising with the National Election Institute and educating their staff on topics relating to intellectual disability, on what a self-advocate is, on accessibility and on the Convention on the Rights of People with Disabilities with the goal of being considered and consulted in future elections.
I also belong to a collective called ‘Deciding is My Right’, which has played a crucial role. Last year we presented the “Bill to Eliminate the Legal Guardianship System“ to the Parliament.
The Bill was approved in August 2022 and in June 2023 it was published in the Official Gazette of the Federation with the title “Reform of the New National Code of Civil and Family Procedure“. It establishes that all adults should have full legal capacity to decide what support they need in specific areas.

As you said, Mexican President Andrés Manuel López Obrador has promulgated the New National Code of Civil and Family Procedure giving full legal capacity and the right to access to supported decision-making for all people over 18 years of age. This is a fundamental victory for people with disabilities in Mexico, who are often deprived of their legal capacity. How will this reform change their lives?

This step was essential for people with intellectual disabilities. We obtained something that was our right, simply because we are people. Today we have the legal capacity to make decisions regarding our property, either alone or by requesting assistance in some situations, such as economic and healthcare assistance, in legal processes with notaries and/or lawyers and to understand complex documents, where we can obtain cognitive accessibility or a support person. This means we no longer need guardians, a person chosen by a judge without consulting us. Guardians are often people who decide for a person without taking into account what they think or need. This reform will help both families and society realise that we are equal, that we must be treated according to our age. It will show our families trust us. People with intellectual disabilities will feel more self-confident, supported and, first and foremost, included, so they can have better education, better healthcare and decent work.

In February 2022 you took part in a Mexican UN delegation that presented the report “Advancing Participation of Persons with Intellectual and Psychosocial Disabilities in Public Life,” a project carried out by the UN Development Program (UNDP). What results has this project achieved?

I was a representative for Coalición México por los Derechos de las Personas con Discapacidad (COAMEX), an umbrella organisation of five organizations that represent all types of disabilities, including CONFE, the group that represents people with intellectual disabilities.
In my speech, I argued that even people with disabilities can be elected to public office, take part in elections, be consulted, vote and many other things. I managed to make people understand that even people with intellectual disabilities can get their voices heard, participate in important spaces like that alone, perhaps with support, at different times and on different tasks, as long as we decide to do it.
The UN Expert Committee gave Mexico a series of recommendations. Here they are:
Participation in Political and Public Life (art. 29)
64. The Committee is concerned about the denial of the right to vote to people with intellectual or psychosocial disabilities – despite the case law of the Supreme Court of Justice – and about the fact that the voting procedure, facilities and materials are not accessible. Moreover, the Committee doubts that sufficient support is provided to persons with disabilities, in particular women, taking part in political and public life.
65. The Committee recommends that the State Party amend its legislation to guarantee the right to vote to all persons with disabilities. It also recommends to the Contracting State to guarantee access to voting procedures, facilities and materials in urban areas. The Committee also recommends providing the necessary support to persons with disabilities, especially women, taking part in political and public life.

In 2022 you were part of BBC 100 Women, the BBC’s list of the most influential women in the world. What did this mean for you and your battles?

Being part of this list is an example of how there are no limits for anyone and how you can do everything you set out to do, whether or not you have a disability, and it shows that we can and we need to talk about intellectual disability. We mustn’t be invisible.
It was a step forward in being taken into consideration and not getting caught up in the idea that disability is just physical. It is yet another, important, moment that has given us the opportunity to get our voices heard. Being on this list is a reflection of the support I have received, both from my family, my mother and sister, and at work, from my boss and the person assigned to support me. All of them have made it possible for me to take part in events and projects with the goal of promoting and defending the rights of people with intellectual disabilities.
I can’t deny that I felt very proud!

Marco Sonsini