Introduction
Human rights have prevailed throughout history, for this reason, this work teaches that Constitutional reforms have been sufficiently popular to guarantee the rights of society.
Indistinctly, man has sought an answer as to why his rights are violated, or many times they say, rights are not for us but for the rich. IT IS NOT TRUE. Human rights seek to protect the right that man already has by social nature.
But let's take a look at how many reforms have been made in the history of Mexico:
«On December 6, 1977, the decree that modified 17 aa was published in the DO. of the C. with alterations that as a whole was called «Political Reform». This reform was important because it sought to strengthen the country's democratization process, the institutionalized political participation of political forces that had remained outside the system, and the strengthening of the legislative power. In a word, an attempt was made to ensure that the Mexican political system could continue to operate and not be overwhelmed by not being able to handle the country's problems.
II. From 1917 to 1977, a series of constitutional reforms were carried out, with the purpose of democratizing the political system and expanding the participants of that system. Of course, reforms to secondary laws have also pursued that purpose; but it is clearer at the constitutional level.
The main modifications to our C. made with the stated purpose, and that therefore serve as antecedents of the 1977 reform, are:
- In 1953, active and passive votes were granted to women. In 1968, the party deputies system was created, based on the thinking contained in the explanatory memorandum of the presidential initiatives. In 1969 it was reformed again the A. 34 to give active voting rights to people who have reached the age of 18. In 1972 the age for being a deputy was lowered from 25 years of age to 21, and to be a senator, from 35 to 30 years. Since the Constituent Assembly of 1917, several deputies have requested that the age required to be a deputy be 21 years.
III. José López Portillo took office as president of the United Mexican States on the 1st. December 1976, in the midst of the economic, social and political crisis, and he was sensitive enough to understand that the country needed a series of reforms if it was to preserve the political stability maintained in recent decades. Thus, on April 14, 1977, he sent a communication to the Secretary of the Interior and president of the Federal Electoral Commission so that this body, if it so agreed, would invite political associations, academic institutions and citizens in general, to present their ideas in a framework of absolute freedom, to review and study the different aspects of the reform aimed at invigorating the country's political institutions.
IV. The main aspects of the «Political Reform» are:
- The right to information was incorporated, the political party was defined and guarantees were granted for its operation, and the representative system was modified to configure a mixed system - of single-member majority districts and multi-member proportional representation districts - with a majority dominant. The system of qualification of the elections of the federal deputies was altered to introduce a claim resource before the SCJ, but being the Chamber of Deputies the one that dictates the definitive resolution. The number of members of the Electoral College was expanded and the participation of deputies from minority parties was guaranteed. Semi-direct government procedures were introduced in the Federal District: the referendum and the popular initiative.Changes were made regarding the expenditure budget and the public account so that the legislative branch can better fulfill its functions in relation to these two important legal acts. One subject was eliminated from the investigative function of the SCJ: investigation of any crime punishable by Federal Law, and with the investigation of the violation of the public vote, a new paragraph was created. The inviolability of the congressional precinct was declared. It was determined that the Organic Law of the Congress of the Union cannot be vetoed by the President The Senate was given the power to analyze the foreign policy developed by the President of the Republic,yThe legislative power was granted the power to integrate commissions to investigate the functioning of decentralized organizations and companies with majority state participation.
Thus, the political reform was carried out in its initial stage of constitutional modifications, and for the most part there has been a consensus of the most diverse, and even antagonistic, sectors of Mexican society.
It is important to emphasize that such reforms contributed to the State investing in its own, autonomous sovereignty, in which respect for fundamental rights or guarantees are the most appropriate way to achieve social harmony.
Mexicans, we become aware of the western world, in the act of Hernán Cortés who creates the City Council of the Rica Villa de la Veracruz, since then the law has been understood as a form (norm) that allows actions that are successful to the extent that that you have the force of arms like Cortés had or the force of legal coercion to impose yourself. Among us, the right to be effective requires effective coercion, when it is not so, we observe events such as those that occurred on September 1, 2006, 10 in which the president in a presidential regime cannot, prevented by a minority group of legislators, enter the Congress of the Union to render its government report; as well as,hear through a proclamation from the public square a call for a "convention" and the installation of a "legitimate" presidency. It is clear that an important group of those who practice politics in our country are not aware of what a democratic rule of law is. To what extent do Mexicans really have an interest in being governed by the rule of law or to what extent some political actors are willing to resolve political conflicts through other channels that are alien or even contrary to the law?To what extent do Mexicans really have an interest in being governed by the rule of law or to what extent some political actors are willing to resolve political conflicts through other channels that are alien or even contrary to the law?To what extent do Mexicans really have an interest in being governed by the rule of law or to what extent some political actors are willing to resolve political conflicts through other channels that are alien or even contrary to the law?
But how many Mexicans really believe that the way of the future is within the law? Those of us who believe in the law and study our history know that in many moments the law has not been the most adequate mechanism or instrument to achieve social justice, however, we know that the law is the only way to maintain freedom, order and social peace.
Constitutional reforms
According to the principles of the famous neoliberal doctrine, it has shown us that in 1982 structural reforms have been carried out that ensure the economic stability of the State. Such for this reason in Mexico that at that time President Carlos Salinas de Gortari, politician and administrator, established reforms that allowed an economic peace in the fiscal sphere, as well as the 3rd, 5th, 27th, 82nd, and 130th of the Political Constitution of the United Mexican States.
Regarding the 3rd Constitutional article, it was established in the first place that the universities had their own autonomy, something that in 1945 nationalism was established as its own governing body.
So to speak, according to the 1993 reform, they involved the following issues:
- Education is secular, free and compulsory. It is compulsory, preschool and primary education. The principle of Legal Security is made inca foot to private schools that provide education at different levels.
Now, in 1992, the reform was launched in the Congress of the Union to modify Article 27 of the Constitution regarding the principles of Legal Security in the matter of land tenure, capitalization of the Mexican countryside; In other words, capitalization is to use investment funds for the creation of decentralized trust organizations, and even to modify the bodies that monitor the use and exploitation of land.
The magnitude of the veracity of the reform, impact in such a way that the producers of the Field carried out maneuvers for the conservation of soils, of course, all this with the support of the Government, as well as the Secretary of Hydraulic Resources SARH that got to invest millions of pesos in support of the small producer.
On the other hand, the reform covered the same aspect of the Mexican countryside, the creation of favorable conditions so that peasants not only have the benefit of possession of land, but also an impulse so that the production of their products get to have greater competitiveness in the national and international economic field.
It was a very positive reform in terms of the people who work in the fields, because whether they wanted to or not helped the price of corn to rise at that time, but it did not last for long since there were causes such as the stagnation of production that I procreate that it was devalued.
On the other hand, in said reform it was stipulated that there will be no distribution of lands that are not in possession, and in addition to that, the association between ejidatarios and private investors is stipulated to transfer the lands to credit institutions, which today is known as to FIRA as a decentralized body of trusts, and with the other figure called AGROASEMEX, which insured the losses that the peasants had due to some natural catastrophe.
All this was a battle for the rural issue, since it not only focused on tenure, but also on obtaining credit, but unfortunately it did not work since the mechanisms for the recovery of credits became very obsolete. where there was stagnation, and especially many financial institutions went bankrupt due to lack of payments, and there is no way to recover since in most of the people who applied for the loan, they were elderly adults who did not offer a guarantee, and then when they died credit was extinguished.
The Constitutional reform of Article 130 was involved in serious conflicts on the part of the clergy of the Catholic Church, which created discussions and in which they requested the abolition of the political Constitution.
There is talk of Manuel Ávila Camacho's six-year term, he had declared himself a catholic par excellence and he said that he attended the masses publicly, that is why there was a peaceful form of dialogue and coexistence, leaving the church with the political interests that were resolved externally, but even so, it was a very tough position since internally politics continued to mix with the church.
For this reason, a secondary law called the Law of Associations and Public Worship was created by reforming article 130 of the Political Constitution of Mexico.
In the 1992 reform, two significant ones are contemplated for external worship.
- Legal personality to churches and religious corporations. The recognition of political rights to the ministers of any religious cult, to vote and be voted, that is, they may be political candidates.
According to Diego Valdez in his book Constitutional reforms of history, page 80, he mentions that in a matter of justice legal equality between men and women is mentioned in his 4th Constitutional article, which literally says:
"Men and women are equal before the law. This will protect the organization and development of the family"
The above also breaks down that you must have the right to Social Security, which the same second paragraph of Article 4 of the Constitution says:
“Everyone has the right to the protection of Health. The Law will define the bases and modalities for access to health services and will establish the concurrence of the Federation and the Federal Entities in matters of general Health in accordance with the provisions of section XVI of article 73 of this Constitution. "
Now, not only is the principle of equality established, but I also apply the reform in which everyone has the right to share profits, the right to housing, the expansion and improvement of federal justice and protection.
This was in relation to Article 5 of the Constitution, which everyone has the right to engage in any work that is not prohibited by any special law.
Regarding the equality of men and women, also due to the movement from 1993 to 1994, the protection of the rights of indigenous people was created, which was established in Article 4 of the Constitution in which it said that indigenous identity be respected, protecting their uses and customs, and then after several reforms starting in 2003, it was passed to Article 2 of the Constitution, which said to the letter.
“The Nation has a multicultural composition originally based on its indigenous peoples, which are those who descend from populations that inhabited the current territory of the country at the beginning of Colonization and who retain their own social, economic, cultural and political institutions or part of them. "
Regarding the reforms referring to legal security, the defense of ecological balance is included, since there the creation of organisms that help to protect ecology was proclaimed, even the creation of Greenpeace that protects ecology had already taken place. and caring for the environment in general.
For this reason, it is necessary for the authorities to protect the environment, since they provided many causes that lead to the extinction of trees, which is currently punishable by jail. Currently there is even the PROFEPA which acts as the investigating and prosecuting authority of ECOCIDIO crimes.
For the reform of the Political Constitution of the United Mexican States, it is necessary for the Congress of the Union, which is the body empowered to carry out a modification, as long as the States, Municipalities and Federation are congruent, so such reform is a formal mechanism that the Constitution itself establishes for its modification or alteration, because the Constitution itself is rigid and flexible.
For this reason, in article 3 of the Constitutive Act of the Federation of 1824, it mentions that "Sovereignty is exclusively the right to adopt and establish policies through their Government representatives, for the purpose of creating a conservation of the same law, as well as modifying or varying laws according to law.
In the Act of 1824 itself, the law reform procedure was also established, and even today it is still talking about the Constituent power, which seeks to modify a law or abolish it, but the fact is that the Constitution for its reform requires certain stability, due to because for its effectiveness there must be a legitimation that means the link with the people.
That is to say, the Constitution is not an act or office that is valid only for the one in power, but is directed to the Society in general, which takes work for the people to fully understand, because the Laws They include technical aspects that have been modified little by little.
However, in the Constitution known as Feelings of the Nation, he writes us in a poetic and sentimental way the values of a people that suffers, which with the reforms that little by little were changing, new aspects of words and understanding are being given.
We know this as Constitutional mutation, which is the process by which the Laws tend to seek meanings and synonyms that are easily understood by the people, the same as Jellinek wrote in the German doctrine.
For this reason, four classes of Constitutional mutations are established, which must be taken into account in order to achieve a greater understanding of it.
The most important mutations that are still practiced today are Interpretation and Constitutional Customs, which have a mediate and simple aspect for jurists.
The important effects of reforming the Constitution is that there are contradictions that endanger political and social issues, which make it possible to carry out a Coup d'état, which endangers the Sovereignty of the State.
So much so that the Constitution of 1857 was not completely modified or altered due to a similar coup d'état movement, and by Social rebellion, which remained almost intact for that reason.
The Constitutional mutation must be done without violating the guaranteeing principles of the people, for this reason the established procedure that it indicates for the reform must be followed; that is to say, it acquires a new interpretative form, preserving the same text, and seeking to fit it into secondary norms that help its functioning.
Chronicle of reform
In the Constitution of 1857 it is said that it was modified 25 times, and the amended precepts were 48; His articles that had the most reforms was 72 in relation to 73, which are the powers of the Congress of 1917.
Its formal reform process began in 1873 and lasted until 1912 during the revolutionary period.
The most important reform was established in 1874 in which mention is made of the alteration of the relations between the executive and Legislative powers, reinstating the Senate and modifying the statutes to annex quorum rules of the Chamber of Deputies and Senators, and it was established the procedure to reform laws, which is why the powers of the Permanent Commission were made known, restricting the Constitutional jurisdiction of Officials.
It is important to highlight that there are five articles of the Constitution of 1917 that lead to the protection of man; which highlights the principle of Non-Reelection of the President, the free transit of goods through the national territory, the protection of new human rights and the declaration that the President of the Republic was politically responsible for express violation of the Constitution.
There is a cause of constitutional reform is an adaptation of formal factors of power (1940-1980), it was the rulers in turn, especially in the executive power and to a lesser extent in the legislative power, than in this presidential-PRI regime, with the government of Ávila Camacho 1940-1946 where there was a policy to attract to the government people who had recognized prestige in the academic world, in the business world.
With the mandate of Luis Echeverría, populism was understood as a political success at a low economic cost, since it carried out the initiatives and sent them to the Congress of the Union for approval, which generated a job.
When he entered as President of the Republic of the United Mexican States, Lic. Vicente Fox Quesada was the one to convene a group of scholars to make a draft Constitution, thereby pretending that a new Constitution be made because the current one had been reformed permanently the PRI governments so it did not respond to the democratic transformation of the country.
Comparison with the constitution of Great Britain
The difference he explains with the Political Constitution of Great Britain is because the parliament is that it modifies the Constitution itself according to the same procedure that is followed to alter the ordinary norm but with the condition that it is not flexible just like that, but requests the approval of the people since the reform is exposed and in the form of a vote it is approved, which generates participation of the people, meaning the flexibility of the same.
CNDH opinion article
In recent years, the institution of human rights has advocated several organizations and people of study committed to the defense of human rights in the country. Which seek to urgently benefit society, defending the fundamental rights that were granted by our Magna Carta.
It should be noted that the Constitutional Reform is an institution of public law since it prevails for all the people and is for them.
The reform is not to benefit only a population nucleus but it favors the society called the State, which we elect as the governed to protect our own interests. Currently the UN organization of the United Nations seeks the benefit of the Society, that is, the international population will be protected by this body made up of representatives of the various countries adhering to it.
So to speak, the Senate of the United Mexican States took the most important step in that it allowed the Constitution to be outside the International Treaties on Human Rights. What causes that now respectively international treaties will be respected as well as the Political Constitution of Mexico, since they were previously known as Individual Guarantees, and Today in the current government the rights of man are recognized, hoping with it the strengthening of the objective norms and subsequent secondary laws of the State.
Personal contribution and conclusion
In my opinion, it is the commitment of Mexicans to ensure respect for the rights of society in general, seeking well-being and above all the social peace that is required in these times.
However, it is necessary for the authorities to look for strategies for social peace, since in order for them to be fulfilled, it is necessary to push them and make them respect, how? Because only by using mechanisms and public awareness that they do so that the human right is respected..
Several centuries ago human right was respected in different ways, but so to speak, in the Republic Stage, not everyone enjoyed the human right, rather the effect of being a person was not recognized, only those who were warriors or king. However, the monarchy arrives, which is where there was a most favorite democracy, and the human right is given, which leads it to be recognized as a person with only the help of an official or king.
Slavery was one of the issues that interested the country for many years, since many foreign migrants came and just because they were of another race or color, they were automatically treated as slaves, and now Article 1 of the Constitution says that slavery is prohibited in the United Mexican States. The foreign slaves who enter the national territory will achieve their freedom, and the protection of the laws, by this fact alone.
It was not only the reform of slavery, but it also places human rights as one of the axes of education, the penitentiary system and foreign policy; recognizes the right to asylum; harmonizes the figure of the state of exception and the power to expel foreign persons with international standards; it strengthens public human rights organizations, and improves the abstract control system of constitutionality.
For this reason, it is a suggestion that not only the Constitution be based to enforce human rights, but also secondary Laws, for purposes that prevail and harmoniously judge the right that corresponds to whoever is due.
In effect, I believe well the need to modify secondary laws and adapt them to the International Treaties, since for the better, these are established in dialogue tables that allow the pleasant need that exists in the countries.
It is true, as in any State, each one has their priorities and needs in which they help the Society in general, but really the reason for the Reform is to provide Legal Security in all areas, and for this reason the authorities are They must be in charge of carrying out the strategy of protecting the interests of society.
Human rights are above any other objectivity, which must be respected because it is single-person in nature, since if the regulations are violated there is a penalty.
Therefore, when speaking of social justice, it refers to the right that each individual has to feel that they are taking away something that is already his. Thus, as an example, the situation is preceded that if an individual is stripped of his property, without any basis, he can go to an institution called the Attorney General's Office, to report the fact, and immediately the person responsible must be sought so that restore the damage.
But the other case is that of a worker who normally comes to his source of work, and so to speak, complies with his schedule, but the next day they tell him that he is fired, and he asks why ?, and they tell him that by order of the Pattern; He automatically feels attacked, and decides to file a labor lawsuit, therefore the labor court gives him entry and according to article 4, 123 of the Constitution, he proceeds for unjustified dismissal.
It is there where the action of justice is on a par with constitutional rights, and therefore it goes hand in hand with International Treaties.
Here the question, how much human rights cover, and I believe that human rights are inalienable since no one should alter them, so its most important characteristic is that it is of a public nature, regulated by public international law, as well as its contemplated body called INTERNATIONAL COMMISSION OF HUMAN RIGHTS.
Human rights are given because every man is human, there is no one who is not except objects or animals, but from there he is capable of acquiring new ideas, and he is rational.
For this reason, men and women are the only ones who can acquire rights and obligations of any kind. Human rights can also be known as fundamental rights, individual guarantees, natural rights, that is, this figure has many ideas, and speculations remain in the air regarding its scope.
In themselves, they are powers that everyone acquires from birth to death, for this reason they are rights, and many even say that the right ends until the person no longer exists, but it is not true, since that is why there is protection towards those that have already passed away, however, legal writers have written that human rights are only for people, and yet the fact that they no longer exist does not mean that they do not have the right.
This means that there are prerogatives for man, since the affective question is essential for the integral development of the individual who lives in a legally organized society, and regulated by a right. The State will be in charge of protecting these interests, but there is still much to do, until at some point a new Constitution can be created to regulate the rights that are to be had.
Opinion to the teacher
In relation to the Professor who teaches us the matter of Constitutional Guarantees in Criminal Matters, he is a quite animated person, and above all very prepared, since he masters the subject of Human Rights, and it is to be recognized that his technique is quite useful, and Above all as a student I have the aptitude to understand what he is talking about; For this reason, it is important to note that this subject is useful since it deals with aspects that are still going on and that will continue to be handled for the future of the country.
