Mexican constitutionalisation of human rights, including the rights of indigenous peoples

Authors

  • Bartolomé Clavero

Keywords:

Constitution of Mexico, international human rights law, indigenous peoples’ rights

Abstract

On 10 June 2011, a constitutional reform has renamed the first title of the Constitution of Mexico. Now it reads: «On human rights and their guarantees». The federal mexican  constitution had never used the phrase human rights and, even less, to protect them by means of constitutional guarantees. Under the reform, international human rights law becomes constitutional law in Mexico. The Constitution refers to rights enshrined in human rights treaties to which Mexico is party. The Federal Supreme Court expands the reference to any treaty containing provisions on rights; by instance, the International Labour Organization Convention concerning Indigenous and Tribal Peoples in Independent Countries. The author wonders whether human rights instruments containing any kind of binding clauses are included, although not being treaties; by instance, the United Nations Declaration on the Rights of Indigenous Peoples. 

Issue

Section

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