By Arlette Monserrath Valencia Ángeles

Journalist-Cimacnoticias

After six years of legislative omission and under judicial pressure, the Mayor, Clara Brugada, presented the Public Care System Law initiative in Mexico City. Although the announcement has been positioned as a step forward for her administration, the reality is that the measure responds to a series of injunctions filed by civil society and rulings that oblige both the local Congress and the capital's Executive to comply with a constitutional mandate in force since 2017.

The new law does not arise from political will, but rather as a result of a legal and social debt that has remained unaddressed for more than six years.

This action takes place within the framework of the launch of the XVI Regional Conference on Women in Latin America and the Caribbean, which promotes the care society and gender equality. In a context where, according to the National Institute of Statistics and Geography (INEGI), women spend 2.6 times more time on unpaid work, Mexico City faces the challenge of recognizing care as a right. Therefore, Clara Brugada's law responds both to court rulings and regional commitments to move toward a public care system.

It is important to note that constitutional recognition of the right to care in Mexico City dates back to 2017, when the capital's first Constitution was promulgated (published on February 5, 2017). It establishes for the first time that care is a social right and a duty of the State to guarantee conditions of equality and well-being for women and men. 

In addition to recognizing this right, the Constitution established the obligation for the local Congress to regulate and guarantee the Public Health Care System through specific laws. This mandate was to be fulfilled by December 31, 2023.

However, the constitutional mandate was not fulfilled within the established timeframe, resulting in a legislative omission by the Mexico City Congress. This lack of action has been challenged and partially corrected through court rulings ordering legislation. This omission represents a violation of civil rights, and particularly a direct impact on women, who have historically been burdened with unpaid care work.

The Public Care System Law seeks to establish a comprehensive framework to guarantee the right to care in Mexico City, promoting public policies that recognize, reduce, and redistribute care work, which has historically fallen on women, with a direct impact on their life plans and overall health.

The initiative contemplates the creation of a coordinated system between local and federal authorities, the participation of civil society, and the allocation of resources for services such as daycare centers, care for the elderly, and support for people with disabilities. Although it represents a formal step forward, experts warn that its success will depend on the political will to implement it and sufficient budget allocation.

Clara Brugada's Public Care System initiative includes the gradual construction of 100 "Utopias," including 200 child development centers, community kitchens, community laundries, day care centers for seniors, and masculinity schools. The latter will involve teaching men a new way of living together and sharing responsibility in the care system.

In the 2025 Mexico City Budget—approved with a total of 291.525 billion pesos, an 8.8 percent increase over 2024—1.7 billion were earmarked for Utopias, 223.6 billion for Preventive Health Centers, and 261.8 billion for the Health House by House program, which supports older adults and people with disabilities. It was also noted that a 30-year goal is being considered to achieve greater coverage of the public health care system.

“Care work is the fundamental pillar that sustains life and economic development. With this initiative to reform our local constitution, we will be the first city in Latin America to elevate the Public Care System to the category of human rights, a historic advance,” said Clara Brugada during the Regional Conference at the Viceregal Palace.

In Mexico City, as in the rest of the country, unpaid care work falls disproportionately on women, who represent 721% of those who perform it, according to the INEGI (National Institute of Statistics and Geography). This work, although often invisible, has enormous economic significance: it accounts for 24.3% of the national Gross Domestic Product, even surpassing sectors such as industry and commerce.

This unequal burden limits women's access to formal employment, education, and economic autonomy, and highlights the urgent need for gender-sensitive public policy. Therefore, by not translating it into concrete laws or budgets, the right to care has been left without effective safeguards, perpetuating structural gender inequalities.

Faced with this situation, in less than a year, the Mexico City Congress has received not one, but at least two binding court orders for its legislative failure. In amparo 324/2024, the 19th Collegiate Court formally recognized the failure and granted Congress until May 2026 to approve the Public Care System law.

Furthermore, injunction 495/2024—resolved by the Seventh Court—required Congress to legislate before December 15, 2025, and ordered the head of government, Clara Brugada, to initiate specific support measures for people with disabilities and their caregivers, even though the law did not yet exist.

With an initiative finally presented and an initial budget assigned, Clara Brugada, head of government of Mexico City, has responded—albeit forced by judicial and social pressure—to the constitutional mandate pending since 2017. However, for the Public Care System to transcend paper and propaganda, the most complex aspects remain: institutional construction, effective coordination between agencies, citizen oversight, and ensuring continuity beyond a six-year term. The real challenge is no longer legislation, but implementation with a gender perspective, with real co-responsibility, and with tangible results for those who have historically provided care without support or recognition.

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NOTE: Article originally published on August 12, 2025 on the Cimacnoticias website, retrieved from https://cimacnoticias.com.mx/2025/08/12/cdmx-impulsa-ley-de-cuidados-tras-orden-judicial-por-incumplimiento-constitucional-desde-2017/