Population ageing as a structural constitutional challenge and intergenerational equity

Abstract

Traditionally, Mexican law has approached aging from a welfare-oriented perspective, which limits the protection of older adults to the status of a vulnerable group; however, rapid demographic change and the increasing precariousness of three key areas—employment, housing, and social security—call for a shift toward a preventive constitutional paradigm. This article argues that aging must be recognized as an autonomous constitutional category with its own normative effects, grounded in human dignity, equality, and the progressive nature of human rights as provided for in Article 1 of the Political Constitution of the United Mexican States. Through a critical analysis, a structural omission in the design of public policies is identified, arguing that the lack of measures to address future generational vulnerability constitutes a form of unconstitutionality due to regulatory insufficiency.