Paradox of Mexico Supreme Court Winning UN Human Rights Prize SinEmbargo
go to original December 9, 2013

On September 3rd, the Mexican National Supreme Court of Justice (SCJN) approved a new standard decreeing that human rights contained in international treaties of which Mexico is a part have the same status as the constitution. However, if the constitution is more restrictive regarding a right, it will prevail over the international treaties.

The original opinion, presented by Justice Arturo Zaldívar Lelo de Larrea, argued that human rights outlined by the treaties should prevail if they benefit the person, even if that contradicts the Mexican Constitution. But the majority of his colleagues said no. And with that refusal, it became possible for the federal, state and municipal authorities to rid themselves of the obligation to “promote, respect, protect and guarantee human rights in accordance with the principles of universality, interdependence, indivisibility and progressivity” [language of Article 1 of the Constitution as amended in 2011].

Upon finding out about that decision, international and national organizations criticized the Supreme Court for what is considered to be a step backwards that fails to recognize Mexico’s international obligations on the matter. Researcher Edgar Cortez Morales from the Mexican Institute of Human Rights (IMDHD) told SinEmbargo that the Supreme Court’s decision responded to a totally “conservative” and “anachronistic” aspect. The risk, he said, is that this encourages things like one might experience today with arraigo [detention of a suspect of a crime without formal charges while evidence is gathered].

... It is entirely paradoxical. While with one hand the Supreme Court limited the [application of] international human rights laws in Mexico, with the other it received an award from the hands of the most important international organization for the promotion of human dignity.

Read the rest at Mexico Voices

We invite you to add your charity or supporting organizations' news stories and coming events to PVAngels so we can share them with the world. Do it now!