Informative Bulletin
Dispute Resolution & Litigation
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Human Rights and Constitutional Hierarchy: A new vision form the Supreme Court of Justice.

The Supreme Court of Justice recently resolved the contradiction of thesis 293/2011, which raises an issue of great importance for the Mexican Constitutional order , after the constitutional reforms of June 2011 in relation to Human Rights.

The Supreme Court of Justice defined the criteria that should prevail over the constitutional place of treaties of human rights, thus giving certainty to the judges on how to execute the constitutional reform on human rights.

The Supreme Court decided by a majority of ten votes, that article 1 of the constitution shows a set of human rights standards, of both constitutional and conventional source, which are governed by principles of interpretation, that do not distinguish the source from which such rights derive.

The majority determined that from the reform of Article 1, all human rights from international source are equally effective tan those provided in the Constitution, that is, they are recognized with the same constitutional status.

Thus, it was interpreted that the reform in terms of human rights, broadens the constitutional catalogue, harmonizing through pro persona principle, the national and international standards, thus ensuring more extensive protection to the person.

The Supreme Court also resolved that when there is an express restriction in the Constitution for the exercise of human rights, the constitutional provision should prevail even though there is an International Treaty on Human Rights indicating otherwise.

Thus, the decision of the Supreme Court gives to the judges the tools to implement, in all its extension, the constitutional reform on human rights.

This triggers the construction by the judges of the criteria that will form the jurisprudence for the tenth era.

Lastly, the Supreme Court ruled that all the case law of the Inter-American Court of Human Rights, including the disputes in which Mexico was not a party, is mandatory for Mexican judges whenever more favorable to the person. This determination also involves strengthening the reform on human rights to expand, in the same way , the constitutional catalogue of rights.

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For additional information, on the implications of the new Constitutional interpretation from the Supreme Court of Justice, you may contact any of the members of our Dispute Resolution & Litigation Practice Team.