Laws and Regulations enforced by Government Agencies in Mexico
In Mexico, the main law regarding the rights for people with disabilities, included the deaf and hard of hearing, is the General Law for the Inclusion of People with Disabilities (LGIPD). Published on May 30th, 2011, and last reformed December 12th, 2015.
The law was issued according to The Political Constitution of the United Mexican States, Article 1, which establishes recognition of human rights to all Mexicans, as well as the International treaties to which Mexico is a party and prohibits any discrimination based on disabilities. This was developed in observation of the recommendations of the National Council of Human Rights.
In regards to accessibility, Article 2, section I of LGIPD refers to it as the relevant measures to ensure access for people with disabilities, on an equal basis with others, to the physical environment, transportation, information and communications, including systems and information technologies and communications.
The law applies to all government agencies, as well as private businesses and individuals who provide services to people with disabilities, according to Article 3.
Talking specifically about Education, the inclusive education approach points out that: "Inclusion is not only about accessing students with disabilities to common schools, but about eliminating or minimizing the barriers that limit learning and participation of all students." In order to achieve this, Chapter 3, Article 12, sections V and X, states that anyone imparting educational programs in schools, educational centers, nurseries, by teachers or administrative staff of the National Education System, either in public or private sector, that provide educational programs transmitted by public or private television, national or local, must include technologies for text.
Encouraging all forms of written communication that provide the deaf person, or semi-lingual, the development and use of the language in written form.
In Chapter 5, Article 20, it is stated as a right to people with disabilities the access to the different systems, information and communication technologies, particularly those that contribute to their independence and integral development. In which media should implement the use of technology that allows the community of deaf the facilities of communication and access to the content of their programming.
As part of the right of Freedom of Expression, Opinion and Access to Information, the LGIPD, in its Chapter 10, Article 32, Section I, requires that the competent authorities shall, among others, establish the following measures:
- Section I. Provide, in a timely manner and at no additional cost, information addressed to the general public, in accessible formats and with the technologies adapted to the different types of disability.
- Section II. Promote the use of the Mexican Sign Language, the Braille System, and other modes, means and formats, as well as access to new information and communications, including the Internet.
- Section III. Institutions in charge of social services and programs in matters of disability will provide the information and advice required to support its development and social integration.
- Section IV. The media and private sector institutions that provide services and information to the general public will provide it in accessible and easy to understand formats to people with disabilities.
Regarding the Mexican Government Agency that regulates the Telecommunication services (Federal Telecommunications Institute (IFT)), it has published and approved, in November 2016, the new General Guidelines for Accessibility to Telecommunication Services for Users with Disabilities. This agreement brings together a series of actions that companies and service providers in the sector of Television and Internet must follow to ensure that people with disabilities have equal access to the information and services provided by them.
According to Article 24, Concessionaires and authorized telecommunication services shall promote the access and use of the Telecommunication Services to Persons with Disabilities. Including but not limited to, having the elements of Accessibility established in the most up-to-date international standards, specifically the Accessibility of Internet Content (WCAG) to comply with the Conformity Level AA. And contain all documents, guides, videos and or tutorials indicated in the present guidelines, available on their website.
The IFT, in July of 2014, made known in Article 161 of the Federal Communications and Broadcasting Law (LFTR) that TV channels must make use of subtitles for accessibility to the deaf and hard of hearing, in at least one of the highest-rated news programs nationwide.