MEXICO CITY – In a historic decision, the First Chamber of Mexico’s Supreme Court of Justice of the Nation (SCJN) has established a groundbreaking precedent, mandating judges to actively support vulnerable individuals in legal proceedings. The ruling, stemming from Amparo 3165/2024, centers on the case of a 67-year-old medical doctor who was denied his institutional disability insurance due to his age, despite suffering from severe glaucoma that left him nearly blind. The doctor, who had worked for the government since 1986 and faithfully paid his insurance premiums, found his claim rejected by the insurer, which cited a policy clause limiting coverage to individuals under 65. After losing in both the first instance and an initial Amparo appeal, with judges deeming his arguments "deficient," the case reached the SCJN. The Supreme Court overturned the previous decisions, declaring that while old age alone does not guarantee special protection, it does when combined with other vulnerabilities such as disability or a power imbalance against powerful companies. In such instances, judges are constitutionally obligated to "level the procedural playing field" (nivelar la cancha procesal), ensuring that individuals can effectively defend their rights, even if they struggle to articulate their legal arguments correctly. "This precedent protects not only older adults but anyone facing power asymmetries in the judicial system," stated Dr. Víctor Collí Ek, a National Researcher II specializing in Constitutionalism, Human Rights, and Democracy, in a video explaining the ruling. "The message is clear: Mexican justice finally recognizes that real equality requires treating those in different situations differently." This landmark decision, formalized in Jurisprudence 176/2025, is expected to benefit millions of Mexicans, enhancing access to justice for the elderly, disabled, and economically disadvantaged. It signifies a significant evolution in Mexico's legal system towards a more humane and equitable application of justice.
Un adulto mayor de 67 años, inválido por glaucoma, demandó a su aseguradora por negarle el pago de su seguro por ser “muy viejo”.
