The approval of the Comprehensive Care System Law of Mexico City represents an unprecedented step forward in recognizing the right to give and receive care, although its implementation will depend on the availability of budget, infrastructure, and institutional mechanisms to make this right a reality, warned lawyer Úrsula Martínez.
On May 26, the plenary session of the Mexico City Congress unanimously approved the legislation, which recognizes care as both a right and a shared responsibility. Authorities hailed the legislation as a historic advance. However, feminist organizations and collectives have pointed out that the main challenge will be guaranteeing the necessary conditions for its effective implementation.
Úrsula Martínez, who, along with lawyer Priscila Monge, supported the litigation that propelled this agenda, explained that the law was the result of a long legal battle to remedy a legislative omission that existed since the creation of the local Constitution.
“We filed five injunctions, along with activists and caregivers, so that federal judges would rule on the legislative omission and compel the Mexico City Congress to enact the law,” she stated. She added that four final judgments and ten isolated legal opinions were necessary for the omission to be formally recognized and for legislation on the matter to be ordered.
The specialist maintained that the absence of a care law violated fundamental rights related to non-discrimination, gender equality, and fair compensation for work.
She also affirmed that the lack of legislation prevented the State from contributing to the redistribution of caregiving responsibilities, which have historically fallen disproportionately on women.
Martínez emphasized that three out of four caregivers are women and that they dedicate an average of 36 hours per week to these tasks, which is equivalent to an additional workday, since most are also employed.
Although she considered the law’s approval unprecedented in Mexico and significant for Latin America, she warned that the greatest risk is that it cannot be implemented due to a lack of resources. In that regard, she emphasized the need to discuss financing mechanisms and strengthen institutional coordination.
Within the national context, she noted that President Claudia Sheinbaum proposed the creation of a National Care System, although no legislative initiatives have been presented to date. Martínez believes that, in addition to social programs, public infrastructure is needed to guarantee dignified care and recognize this work.
Source: yucatan
