Introduction
At present, Human Rights have been a subject of great conjuncture in the legal, governmental but above all social aspect.
Where, unlike a few years ago, people's rights were not respected, torture, slavery, abuse of power by public servants and / or any person, exploitation and mistreatment are one more example of that before these conducts were carried out without taking a sanction in return, everything was impunity for these unlawful acts.
That is why prevention measures in the field of Human Rights have evolved, since in Mexico important decisions have been taken that are aimed at a democratic consolidation in the field of human rights.
Human rights are norms, since they are part of a specific legal order. However, they are not common standards; They are fundamental or basic, and they are considered inherent to dignity, since their exercise leads to a truly human existence in the most diverse spheres and they are necessary for the free development of the personality. That is why human rights are collected by constitutions, which assign them a higher legal value.
Article 102 of the Constitution with its section B establishes the creation and functioning of the National Commission for Human Rights.
The establishment of the CNDH in Mexico has been extremely controversial among different sectors of society, and especially among legal professionals. The controversy began from the moment of its creation, both by the way it was used to do it, and by the moment and circumstances that surrounded its creation.
We all remember that the National Human Rights Commission (CNDH) was created as a decentralized body of the Ministry of the Interior, by decree of President Carlos Salinas de Gortari, on June 5, 1990.
In 1992, the controversy over the powers of the president to create the CNDH ended, and consequently the criticisms of the legality of his actions, since as we recall on January 28, 1992, the Official Gazette of the Federation addition of a section "B" to Article 102 of the Constitution, by which the CNDH was given constitutional status, as well as the corresponding bodies to be created in each of the States of the Republic. Months later, on June 29, 1992, the Law of the National Human Rights Commission was published in the same Official Gazette, and the same happened with its Internal Regulations on November 12 of the same year.
On the other hand, the president not only created the body, but also gave it his backing and political support, thereby enabling both its rapid growth and development as well as the one that could be corrected through constitutional reform many of the vices that were initially noted.
When the CNDH was created by presidential decree, a few days later its Council issued its Internal Regulations, in which the fundamental definitions of its characteristics and integration were given. An important point established in that Regulation was the competence of the CNDH, which in the terms of its article 3. it was specified in violations of an administrative nature committed by public servants, but expressly indicating in its 4th article. that it would not be competent to hear matters in three specific cases: final judgments and substantive jurisdictional aspects, in labor disputes, and finally in the qualification of elections.
The main cause for the creation of the CNDH and its Constitutional recognition was the alarming increase in human rights violations committed mainly by the Public Ministries and Federal Police who were in charge of the fight against drug trafficking. Cases occurred that alarmed and outraged Mexican society and that went around the world. The murder of Norma Corona, a distinguished human rights fighter from Sinaloa, led the Mexican government to take substantive measures in order to stop such violations.
The creation of the CNDH took place in a climate of social skepticism. Its legal framework was not the most appropriate because it was constituted as a decentralized body of the Ministry of the Interior. This legal framework was always considered provisional and that would be refined with the experiences that the CNDH was obtaining.2
The judicial authorities must achieve a better democratization in Mexico, to strengthen Human Rights in each federative entity of the country, a diagnosis must be identified to interpret the circumstances where there may be issues related to human rights. As well as promoting criteria that can reinforce the human rights enshrined in our Constitution and in the International Treaties of which the country is obviously a party.
The president of the Supreme Court of Justice, Juan Silva Meza, said in the last Seminar called Jurisprudential Dialogue and Impact of the Sentences of the Inter-American Court of Human Rights that “our country is at the forefront in respecting and protecting Human Rights Humans, as corroborated by the recent decision of our highest court pronounced in contradiction of thesis 293/2011, which established the binding nature of the IACHR judgments and of all jurisprudence of the Inter-American Court. "
The foregoing means that Mexico is in a good position to administer justice, it is improving its conditions of justice, this is recognized as long as it is applied in an adequate way for the effective protection, respect, guarantee and promotion of the rights of people.
Human rights already have a constitutional rank stipulated in Article 1 of the Constitution, this is very important because finally equality between people is recognized, regardless of any criteria.
The legal impact of the latest human rights reform
In June 2011, a major reform was issued in the Political Constitution of the United Mexican States, which would mark a watershed in this matter of merit, as it demonstrated the progressiveness and great progress that Mexico has had during these last years where the interpretation and application of the legal norm must be exactly as they are set out, as this guarantees better protection and respect for Human Rights.
To be exact, on June 10, 2011, the Decree by which the name of Chapter I of Title One was modified was published in the Official Gazette of the Federation and it was amended and added to various articles of the Federal Constitution, to through which the human rights of people are constitutionally recognized and the guarantees are established to achieve their effective protection.
Thus, this reform brought a new vision and perspective of Human Rights, with which the legislators offered better protection and a new value to these norms. Well, it is a new path for Mexico in the administration of justice, as this implies a greater blockage in discrimination, and violations of the fundamental rights of each individual.
After almost three years of its promulgation, our point of view is that it has great importance because in the legal framework there is an important relationship with International Treaties, this for a better clarity and interpretation of its content, in the legislative process it was of It is of great importance that they recognize human rights at the constitutional level because thanks to that, their guarantees were established and they guaranteed greater protection to human beings.
It is important to recognize that in this reform the term "Individual Guarantees" was changed to "Human Rights and their guarantees", it favored this change since the previous one implied very closed criteria and thus the second already covers and recognizes more important elements for the proper care and enforcement of the rights of individuals, this concept being more modern than the previous one. Our Constitution opens up in a clearer and more preponderant way, as it shows a more sensitive face to society.
A more than important criterion is where they stipulate in the first article, third paragraph, that the Mexican State has the obligation to promote, respect, guarantee and protect human rights, this indicates that all individuals recognized by the Constitution are protected and therefore So much we generate obligations for the authorities of the Mexican State, this may not be a one hundred percent improvement but what we are sure of is that it hinders violations and invasions of the legal spheres of each citizen.
Although it is true that obligations are generated, then the authorities will have a severe sanction, where if they commit an unconstitutional act they will have to argue and justify the act.
The teacher Carbonell mentions in his work "The constitutional reform on human rights: main novelties". The CNDH is empowered to investigate serious human rights violations. The exercise of said power may be given when the Commission considers it so or when requested by the President of the Republic, the governor of a State, any of the chambers of the Congress of the Union, the local legislatures or the head of government of the Federal District.
As we have all realized, this reform has brought great benefits, since the highest judicial branch has implemented strict mechanisms so that this protection of rights and guarantees prevails. In the same sense, it must be recognized that all the negative aspects of rights and their guarantees will not end, just by changing the wording of the Constitution, because we must not forget that generating and ending this situation is a task of all and of the entire society that inhabits the Mexican state.
Public servants must put more effort and collaboration in complying with the letter of the legal norm, it must have an exact application because that is one of the causes why there are so many conflicts in the matter of human rights, since they are not respected terms, measures, shapes, etc. If a person has power, it does not mean that she can pass over any person of lesser hierarchy. That is why we mention that it is an immense task of reflection, analysis, to correct these deficiencies on protected rights.
conclusion
As we have seen, the most important changes that will take place in the CNDH as a result of the reform affect its autonomy, which is expressly established in its different aspects, and which will undoubtedly result in a job that is better received by society. Also regarding autonomy, there is the fact that both the president and the members of the Council will now be appointed exclusively by the Senate, without the intervention of the President of the Republic. Although this formula for the appointment is undoubtedly more in line with the characteristics and functioning of the ombudsman, given our presidential system, the Senate will have to be careful to make a good selection of the new incumbent, so that they can also count on political support. of the President of the Republic.
Some may be disappointed that the so-called incompetence of the CNDH in electoral, labor, and jurisdictional matters has not been eliminated; However, it must be understood that endowing the Commission with competence in these matters is not feasible due to the nature of the body, since in relation to electoral matters, specific means and mechanisms have been developed for the defense of political rights, therefore that involving the CNDH in these matters would only lead to their easy politicization and their consequent disqualification for that cause.
According to the above, it is also clear why the ombudsman's resolutions cannot be binding, since if they were issued as they have been up to now, they would violate the guarantee of legal security; and if it were endowed with a legal procedure and an evidentiary system, what we would be doing would be creating a parallel Judicial Power.
It cannot be denied that until today the performance, in general terms, of the human rights commissions in our country has presented problems and has sometimes been deficient; However, if we were to take stock, I am sure that we would have to conclude that thanks to the creation, existence and functioning of these bodies we have made progress in the daily use of human rights, as well as in the formation of a culture of human rights every time. more present in society, which in turn participates more every day in what is ultimately nothing but the fight to defend the dignity of human beings. We can only hope that this reform will have positive effects for the development of our peculiar Mexican ombudsmen,for which the development of the laws that will be issued both at the federal and local levels will be very important.
