A) Are We on the Right Path?
Upon assuming office, the president swore to uphold and enforce the Constitution of the United Mexican States and all laws stemming from it. “Guard” implies protecting, safeguarding, defending, and preserving. However, various constitutional and legal reforms promoted by her predecessor and herself have contradicted this commitment, distorting the legal framework to curtail individual liberties and rights.
Article 1 of the Constitution mandates that all authorities, within their jurisdiction, must promote, respect, protect, and guarantee human rights. This instruction has been disregarded in the drafting of presidential initiatives and their legislative processing. Their actions run counter to this principle.
The disparity in how legislators aligned with the government have treated the president’s initiatives compared to her predecessor’s proposals is telling. The former’s proposals were passed without any changes, while the latter has faced modifications and resistance:
- An example is the constitutional reform against electoral nepotism and re-election, initially proposed to take effect in the 2027 electoral process. Legislators aligned with the government altered it to postpone implementation until 2030, and it was subsequently enacted.
- Another case is the initiative to amend the Amparo Law, aiming to weaken a historically significant legal figure that has been crucial in defending citizens’ rights in Mexico. The Senate added a transitional provision that would allow for its retroactive application. Although the president has publicly rejected this retroactivity, it seems more like a strategy to divert attention from the harmful content of the reform itself.
B) Expanding Mediation Use
A promising development is the initiative to reform, supplement, and repeal various provisions of the General Health Law, particularly concerning mediation in conflicts arising from medical service provision.
The new Chapter IV Bis of Title III, titled “Provision of Health Services,” incorporates mediation as a mechanism for resolving disputes in this area through Article 60 Ter, fraction III. Additionally, Article 60 Quater stipulates that the General Law on Alternative Mechanisms for Dispute Resolution will apply suppletorily.
If this initiative is approved by Congress, it would formally include mediation as a legal avenue for addressing conflicts related to health services. Until now, the National Medical Arbitration Commission—a sub-organ of the Health Secretariat—has managed and resolved disputes between medical service users and providers, offering friendly composition, conciliation, and arbitration services. It’s important to note that friendly composition does not constitute an alternative dispute resolution mechanism.
These additions align with Article 17 of the Constitution, which mandates that laws should incorporate alternative dispute resolution mechanisms. Their implementation will facilitate faster access to justice in the realm of health protection rights.
C) Permissiveness Towards Violence
Under the unacceptable official argument of avoiding repression and falling into provocations, delinquency is favored and concealed in practice. On October 2nd, the authorities allowed a terrorist group, “black block,” to carry out assaults, brutal attacks, and injure 94 police officers and 29 civilians.
To whom does this increasingly powerful group of outlaws owe its allegiance?
Thus, October 2nd becomes an unforgettable date.
