CAT/OP/MEX/1/Add.2
• Incorporate the prohibition of the conclusion of treaties which impair human rights
(art. 15);
• Stipulate that the organization of the prison system must be based on respect for
human rights (art. 18);
• List, with regard to the suspension of guarantees, those rights which may not be
restricted, in conformity with the American Convention on Human Rights and the
International Covenant on Civil and Political Rights, among other international
instruments (art. 29);
• Provide for an administrative procedure to regulate cases of possible expulsion of
aliens pursuant to the law and also the place and duration of detention (art. 33);
• Expressly lay down that the principle of respect for and protection and promotion of
human rights shall be observed in the area of foreign policy (art. 89);
• Vest the National Human Rights Commission with the power to investigate serious
human rights violations, this power having previously been conferred on the
Supreme Court under article 97 of the Constitution (articles 97 and 102);.
• Stipulate that authorities which do not accept recommendations issued by human
rights agencies shall publish the reasons for their refusal; specify that the state
legislatures shall guarantee that those agencies shall have budgetary and
administrative autonomy, separate legal status and their own assets; and propose that
the election of the heads of the National Human Rights Commission and human
rights agencies and their advisory boards be conducted by public consultation and
referendum (art. 102); and
• Include cases relating to all treaties, and not solely those concerning human rights, in
the list of unconstitutionality actions which may be filed with the Supreme Court by
the National Human Rights Commission (art. 105).
31.
A major aspect of the reforms can be seen in the third paragraph of article 1, which
establishes the obligation of the State not only to prevent, investigate and punish human
rights violations but also to provide redress for the harm thereby caused, as well as the
obligation of all authorities — at all levels and in the three branches of government — to
promote, respect, protect and guarantee human rights, including the prevention of torture.
32.
The transitional articles included in the reforms are concerned with the promulgation
of four laws implementing the new provisions of articles 1, 11, 29 and 33 of the
Constitution and amendments relating to governmental human rights agencies, as set out
below, with the stipulation of a time limit of one year from enactment of the decree:
• The Reparations Act: The amendment to article 1 of the Constitution refers to the
obligation of the State “to prevent, investigate and punish human rights violations
and grant redress therefor under the terms of the law”. Transitional article 2 lays
down that an act on reparations shall be promulgated within a maximum period of
one year;
• The Asylum Act: The amendment to article 11 of the Constitution states: “[…]
Every individual shall, in the event of persecution for political reasons, have the
right to seek asylum. Refugee status shall be granted on humanitarian grounds. The
law shall regulate cases of admissibility and exceptions in relation thereto.”
Transitional article 3 stipulates that the act referred to must be promulgated within a
maximum period of one year;
• The Act Regulating the Suspension of the Exercise of Rights and Guarantees: The
amendment to article 29 of the Constitution states: “In the event of invasion, serious
8
GE.13-41196 (EXT)