UNIVERSIDAD AUTÓNOMA DE NUEVO LEÓN

Facultad de Ciencias Políticas y Relaciones Internacionales

Introduction to law

Teacher: Salvador Gerardo González Cruz

Essay: analysis article 1° Constitutional

Due date: May 1st, 2024

2095006

Frida Paola Cabrera Zaleta

 Essay: analysis article 1° Constitutional

Introduction

The Constitution of the United Mexican States, as a fundamental document of the

nation, has undergone various reforms throughout its history to adapt to social and

political changes. Through this essay we will explore one of the most significant

reforms, which occurred in 2011.

The reform of the constitution in 2011 brought changes to the first and last

paragraphs of article 1 and other additions. The changes made are related to human

rights (since it belongs to Chapter I - Human Rights and their Guarantees) and are

based on a better application and respect for them.

First paragraph

In 2006 the first paragraph said.

Art. 1o.- In the United Mexican States every individual will enjoy the

guaranteesgranted by this Constitution, which may not be restricted or

suspended, butin the cases and with the conditions that it itself establishes.

And since 2011, it now says.

Article 1. In the United Mexican States all persons will enjoy the human rights

recognized in this Constitution and in the international treaties to which the

Mexican State is party, as well as the guarantees for their protection, the

exercise of which cannot be restricted nor suspended, except in those cases

and under the conditions established in this Constitution.

The first difference that can be seen is how the way the subject is addressed

changes, going from every individual to all person.UNAM (2024) defines the word

individual as a word that refers to the members of a species, not only the human

species. The term comes from the Latin “individum”, which means undivided and

indivisible, that is, it cannot be divided. Meanwhile, the word person designates an

individual of the human species, man, or woman, who, considered from a legal and

moral notion, is also a conscious and rational subject, with the capacity to discern and

respond to his or her own actions.In this way, the concept is humanized, providing

dignity and recognition.

The other change was from guarantees to human rights; A guarantee ensures

compliance with an obligation to protect rights, while human rights are prerogatives

based on human dignity and have a fundamental character. It means that the

meaning changes from securing something to deserving something specific. The

difference between human rights and individual guarantees is that the latter are the

concrete expressions that will allow human rights to be effectively respected,

appealing to the legal framework of each country. Both words have different

characteristics, supporting documents and even types. As Brito & Carbonell (2012)

explain, the change from “granting” to “recognizing” rights demonstrates a shift from a

positivist approach to a more natural law perspective, where rights are inherent to the

human being and not granted by the state.

It also changed the word granted to recognized, demonstrating that the State of

Mexico does not decide to grant these rights but rather recognizes that each person

is worthy of them, accepts them and is responsible for protecting them. In this way,
the source of rights is not the State but rather they arise from the very existence of

people, since as Moyn (2015) says in international law, human rights are not a gift

from governments but are inherent to the individual.

And finally, in the 2006 constitution, only what was established in it regarding human

rights was recognized, while after the 2011 reform, it expanded to recognize and

apply what related to the subject, which is included in international treaties of which

Mexico is a part. In this way, the legal framework regarding human rights is expanded,

without having to wait for the country to apply reforms or innovate in this matter. If it is

done in international organizations or treaties in which Mexico participates, it is

endorsed and update immediately. This is quite important and beneficial because

Mexico has never stood out for its innovation in laws, in terms of intellectual property,

environmental and human right among others, there is a stigma that only updates

what is necessary to participate in international treaties, until is required. And finally, in

the 2006 constitution only what was established in it regarding human rights was

recognized, while after the 2011 reform it was expanded to recognize and apply what

is related to the subject, which is included in the international treaties of the that

Mexico is part. In this way, the legal framework regarding human rights is expanded,

without having to wait for the country to implement reforms or innovate in this area. If

it is carried out in international organizations or treaties in which Mexico participates,

it is immediately endorsed and updated. This is quite important and beneficial

because Mexico has never stood out for its innovation in laws, in matters of

intellectual property, environmental and human rights among others, there is a stigma

that only updates what is necessary to participate in international treaties, until it is

required. Authors such as Cardona et al (2008) consider that the internationalization

of human rights has played a crucial role in the promotion and protection of human

rights.

Last paragraph

The last paragraph now says:

Any discrimination is prohibited, based on ethnic or national origin,gender, age,

disabilities, social status, health conditions,religion, opinions, sexual

preferences, marital status or any otherviolates human dignity and aims to

nullify or impair therights and freedoms of people.

It used to only say preferences and it changed to sexual preferences, leaving

heterosexuality behind as the only option, and respecting the rights of people

belonging to the LGBT community, recognizing them at the same time. Although the

changes were complete at the time, currently the gender part could even be

modified, to gender orientation; in this issue there is still a lot of improvement in the

legal framework, to respect the integrity and human rights of all.

Additions

The additions to the constitution reflect the continuing evolution of human rights laws

and practices. Since, as Flores (2008) mentions, the history of human rights is a

process of continuous expansion and deepening. The second paragraph talks about

what was mentioned about the change in which the provisions of international treaties

signed by Mexico were involved, the same text mentions that the purpose is to

provide broader protection.

 The norms relating to human rights will be interpreted in accordance with this

Constitution and with the international treaties on the matter, always favoring in

people the broadest protection.

The change from guarantees to human rights is mentioned, and in the third paragraph

they refer to the fact that the meaning offered by treating it as a guarantee is not lost,

that is, with this paragraph it is stated that it is an obligation of the authority to ensure

the care of these rights.

All authorities, within the scope of their powers, have the obligation topromote,

respect, protect and guarantee human rights in accordancewith the principles

of universality, interdependence, indivisibility, and progressivity.

All these changes provided a broader vision and protection of human rights and, as

they are contained in the constitution, they are the basis for the creation and reforms

of laws on this matter in the country.

Conclusion

The 2011 reform of article 1 of the Mexican Constitution marked a great advance in

the protection and recognition of human rights in the country. By changing the

terminologies, the concept was humanized and dignity and recognition were provided.

Furthermore, by recognizing the human rights established in international treaties, it

managed to expand the legal framework in this matter, allowing an immediate update

of national laws in line with international advances. However, despite the progress,

there is still much to do, especially when it comes to the inclusion and respect of all

social groups, such as the LGBT community. However, we cannot deny the fact that
these reforms and additions have provided a broader vision and protection of human

rights in Mexico, laying the foundation for future creations and reforms.
 References

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de la reforma constitucional de junio de 2011. Revista De La Facultad De
Derecho De México, 61(256), 11–30.
https://doi.org/10.22201/fder.24488933e.2011.256.30315

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& Valiente, A. (2008). Derecho Internacional Humanitario: verdades y
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Enciclopedia Significados. (2024). Significado de Persona. Enciclopedia Significados.

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UNAM. (2024). 6.2.1 El concepto de individuo.UNAM.

http://conocimientosfundamentales.rua.unam.mx/filosofia/Text/103_tema_06_6
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