End of Module 3

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friday, april 30

2021, 19:14

State Finished

Finished in Friday, April 30, 2021, 19:32 PM

Time spent 18 mins 37 seconds

Rating 9.00 out of a total of 10.00(90%)

QUESTION 1
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Public servants must know and take into account the human rights contained in the Constitution, in
international human rights treaties and in the judgments issued by the Inter-American Court of Human
Rights, so it can be said that the constitutional block in Mexico is composed as follows:
Select one:
a. Constitution + human rights standards of international treaties +

inter-American jurisprudence.
Correct. The block of constitutionality is made up of the Political Constitution, international human rights
treaties to which the Mexican State is a party and Inter-American jurisprudence.

b. Constitution + rules of international humanitarian law + Inter-American jurisprudence.


c. Human rights norms of international treaties + inter-American jurisprudence + norms of international
humanitarian law.
d. Constitution + human rights norms of international treaties + international jurisprudence.

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QUESTION 2
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What are the sources to be taken into account by a judge when deciding a case?
Select one:
a. The Constitution and the sources of international humanitarian law.
b. The sources of international law and international treaties.

c. The Constitution and international treaties to which Mexico is a party.


Correct. It is with the incorporation of international treaties into Article 1 of the Constitution that they are
considered a source of recognition of human rights.

d. International treaties to which Mexico is a party and international law.

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QUESTION 3
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What are the criteria to be combined when detecting or assigning meaning to the text of a treatise?
Select one:

a. The text, context, objective and purpose.


Correct. These criteria must be combined when detecting or assigning meaning to the text of a treatise

b. The text, objective and purpose


c. The text and the context.
d. The text, the context and the end.

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QUESTION 4
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The assumption "constitutional norms are not only those that appear expressly in the Charter but also
those principles and values that do not appear directly in the constitutional text, but to which the
Constitution itself refers", refers to:
Select one:
a. International block
b. Constitutional block
c. Human rights block

d. Block of constitutionality
Correct. The block of constitutionality implies that not only the Constitution, international human rights
treaties, but also the criteria established by the Inter-American Court of Human Rights, as well as the
jurisprudence generated, must be taken into account.

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QUESTION 5
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According to the pro persona principle, what does interpretive selection mean?
Select one:
a. When there are different possible interpretations of a human right, the one that most protects the
individual should be chosen.
b. When there are different possible interpretations, the one that is least protective of the individual
should be chosen.
c. When there are different possible interpretations of a Constitution, the one that most protects
the individual must be chosen.
d. When there are different possible interpretations of a legal rule, a choice must be made.

that which is most protective of the individual.


Correct. In the case of the application of the pro persona principle for interpretative selection, when
faced with different possible interpretations of a norm, the one that provides the greatest protection
of rights to individuals must be chosen.

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QUESTION 6
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Discriminatory conditions can accumulate in the same person. The accumulation of these grounds
for discrimination is known how?
Select one:
a. Negative discrimination.

b. Multiple discrimination.
Correct. Multiple discrimination is considered when a person is placed in several situations of
discrimination due to different factors.

c. Cumulative discrimination.
d. Positive discrimination.

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QUESTION 7
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The norms related to human rights are interpreted in accordance with the Political Constitution of
the United Mexican States and with the international treaties on the subject, indicate the two
positions that in practice are used for the application of international treaties.
Select one:
a.
1. International treaties are on a par with the Constitution, so that the human rights recognized in
them are incorporated into the Constitution.

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2. The Constitution is the supreme law of Mexico, Article 133 of the Constitution.
Correct. Since the constitutional reform of 2011, international human rights treaties are on the same
level as the Constitution, however, any other international treaty not related to human rights,
according to Article 133, is below the Constitution.

b.
1. International treaties are hierarchically placed below laws.
2. International treaties are on a par with the Constitution.
c
c.
1. International treaties are on a par with the Constitution, so that the human rights recognized in
them are incorporated into the Constitution.
2. International treaties are hierarchically placed above laws.
d.
1. International treaties are hierarchically placed above laws.
2. International treaties take second place to the Constitution.

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QUESTION 8
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What does the guideline for the application of conforming interpretation "Failure to apply a law that
does not respect human rights" imply?
Select one:
a. When none of the alternatives is possible, a law that does not respect human rights shall not be
applied.
b. When none of the alternatives is possible, a treaty that does not respect human rights shall not
be applied.
. When none of the alternatives is possible, the content of international human rights treaties
should be applied.

d. When none of the alternatives are possible, the laws and regulations shall cease to apply.

treaties that do not respect human rights.


Incorrect. Remember that "Stop applying a law that does not respect human rights" means that
when none of the alternatives is possible, a law that does not respect human rights will be stopped.

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QUESTION 9
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What does the application of the pro persona principle imply?
Select one:
a. Use the least protective or the most restrictive standard, as appropriate.
b. Use the most protective or the most restrictive standard, as the case may be.

c. Use the most protective or least restrictive standard, as appropriate.


Correct. For the application of the pro persona principle, it can be through the normative selection
clause that implies choosing among several possible norms the one that grants a greater and
broader protection to the human rights of individuals, or less restrictive in accordance with Article 1,
paragraph two of the Constitution.

d. Use the least protective or the least restrictive standard, as appropriate.

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QUESTION 10
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Why are international human rights treaties obligatory for the Mexican State?

Select one:
a. They broaden people's freedoms and generate commitments for public servants to carry out
actions in favor of groups in situations of vulnerability.

vulnerability.
Correct. International human rights treaties are of greater scope and protection of human rights.

b. They broaden the Mexican State's commitments to human rights.


c. It is mandated by the United Nations.
d. Presidential decree.

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