Human Rights Principles in Mexican Law

Introduction

The 2011 human rights reform established a set of constitutional principles governing the interpretation, application, and enforcement of human rights in Mexico. These principles — universality, interdependence, indivisibility, progression, and pro persona — guide all government authorities in their treatment of human rights. Article 1 of the Constitution mandates that human rights be interpreted and applied in accordance with these principles.

Pro Persona Principle

The pro persona principle is the most important interpretive standard in Mexican human rights law. It requires that when multiple human rights norms apply to a situation, the authority must apply the norm that provides the broadest protection to the individual. This principle applies to conflicts between constitutional and treaty provisions, between different treaty provisions, and between different interpretations of the same right.

Universality

The principle of universality holds that human rights belong to all persons by virtue of their humanity, without distinction of any kind. This principle requires that rights protection be extended to all individuals within Mexican jurisdiction, regardless of nationality, immigration status, or any other condition. The universality principle also requires that human rights be interpreted consistently with international standards.

Interdependence and Indivisibility

The principles of interdependence (interdependencia) and indivisibility (indivisibilidad) recognize that human rights are interconnected and that the enjoyment of one right often depends on the enjoyment of others. These principles prohibit the hierarchical ranking of rights and require that civil, political, economic, social, and cultural rights be treated with equal importance. The violation of one right may constitute a violation of related rights.

Progression and Non-Regression

The principle of progression (progresividad) requires that human rights protection continually expand and improve. The prohibition of regression (no regresividad) prevents the state from adopting measures that reduce the level of existing rights protection. These principles apply particularly to social rights, where the state must progressively achieve the full realization of rights and cannot arbitrarily reduce existing protections.

Obligations of Authorities

Article 1 establishes four obligations for all authorities: to promote human rights (through education, training, and awareness), to respect human rights (by refraining from actions that violate them), to protect human rights (by preventing violations by third parties), and to guarantee human rights (by providing effective remedies and creating conditions for their exercise).

Conclusion

The human rights principles established by the 2011 reform provide a comprehensive framework for rights protection in Mexico. The pro persona principle, universality, interdependence, indivisibility, and progression guide constitutional interpretation and government action, ensuring consistent and expanding protection of human rights.