Derecho: ''Garantías Individuales''

Understanding the Mexican Political Constitution

Introduction to the Constitution

• The discussion focuses on the Mexican Political Constitution, emphasizing its role in regulating social interactions and ensuring a respectful coexistence among individuals.

• The Constitution serves as a protective framework for citizens, establishing limits and rights that govern societal behavior.

Structure of the Constitution

• Created in 1917 under President Venustiano Carranza, the current constitution consists of two main parts: dogmatic and organic.

• The dogmatic part outlines fundamental rights and freedoms of Mexican citizens while limiting public power's actions against these rights.

Key Rights Established

• The dogmatic section includes essential rights such as education, freedom of expression, and free movement, enabling citizens to live fully.

• The organic part details governmental structure, including powers' organization and responsibilities of public officials.

Exploring Human Rights Articles

Article 1: Recognition of Human Rights

• Article 1 affirms that all individuals enjoy human rights recognized by both the constitution and international treaties signed by Mexico.

• It prohibits discrimination and mandates authorities to respect, protect, prevent violations, and repair any breaches of human rights.

Article 2: Pluricultural Nation

• Article 2 states that Mexico is unique and indivisible with a pluricultural composition rooted in indigenous communities.

• It emphasizes state obligations to support indigenous communities due to their historical significance in shaping modern Mexico.

Article 3: Right to Education

• Guarantees Mexicans access to secular, free, democratic education at primary through higher secondary levels.

Rights Related to Gender Equality and Employment

Article 4: Gender Equality

• Establishes equality before the law for men and women regarding family matters along with health care, housing, food security, and leisure activities.

Article 5: Freedom of Profession

• Dictates that no individual can be barred from pursuing any lawful profession or trade they choose.

This structured overview captures key insights from the transcript about the Mexican Political Constitution's role in society while highlighting specific articles related to human rights.

Transparency and Rights in Mexico

Freedom of Expression

• The concept of transparency in expression allows every Mexican to freely express their thoughts, but this freedom is limited when it infringes on another person's well-being.

• The government must inform the public about how tax money is utilized, including public works and other governmental actions.

Freedom of Press and Petition

• Article 7 emphasizes the freedom of the press, allowing individuals or media outlets to publish news through various channels such as television, radio, or print.

• Article 8 discusses the right to petition public officials for responses to concerns or requests, which can be made either orally or in writing.

Right to Association and Travel

• Citizens have the right to associate with others for lawful purposes, such as organizing peaceful demonstrations; however, violence is not permitted.

• Every Mexican citizen has the freedom to travel within the country and can also request political asylum in Mexico for humanitarian reasons.

Equality Before the Law

• The article protects human rights regarding equality before the law, prohibiting privileges or distinctions among individuals based on personal characteristics.

• Laws must be general and abstract rather than specific or concrete.

Legal Principles: Irretroactivity and Extradition

• Irretroactivity ensures that laws do not apply retroactively; for example, a marriage cannot be penalized if it occurred before a law banning it was enacted.

• Extradition refers to handing over a detained person from one country to another for prosecution; an example includes a detainee in Mexico being requested by U.S. authorities.

Access to Justice

• Individuals are entitled to free legal assistance from the state if they commit a crime; this includes being provided with an attorney at no cost.

Criminal Procedures

• Articles 18 and 23 outline criminal procedures concerning both defendants and victims while establishing limitations on sentencing.

Religious Freedom

• Individuals are free to practice any religion they choose without restrictions.

Economic Development and Resource Management

• This article supports citizen participation in national planning aimed at economic dynamism derived from employment opportunities.

Natural Resources Ownership

• Establishes ownership rights over natural resources like land and water while allowing government concessions for private use.

Monopolies Prohibition

• A monopoly occurs when only one company controls production (e.g., shoes), which is prohibited under Mexican law.

Emergency Powers

• Article 29 grants the president authority during emergencies (natural disasters/invasions), potentially suspending individual guarantees and rights temporarily.

Understanding Guarantees vs. Rights

• Human rights are inherent at birth while guarantees arise post-establishment by state organs through legal documentation like constitutions.