Background on the Case
In a unanimous decision, Mexico’s Supreme Court of Justice (SCJN) validated seven articles from the General Law on the Career of Teachers and Teachers, concerning horizontal promotion. The decree was promulgated on September 30, 2019, as part of the educational reform enacted on May 15, 2019.
Key Aspects of the Validated Articles
The validated articles clearly outline the participants in horizontal promotion (teaching staff, technical personnel, pedagogical advisory support, direction, and supervision), the nature of horizontal movement (without a change in function), competent authorities (SEP, secondary education authorities, and decentralized bodies), minimum elements for program development (categories, levels, guidelines, requirements), and substantive criteria for promotion in upper secondary education.
Moreover, the law already includes legal guidelines for vertical promotion in articles 41-43 (basic education) and 59-63 (upper secondary education), which also refer to the actions of technical bodies like the Career System Unit, demonstrating a coherent design based on enabling clauses and administrative development.
Inclusion of Additional Articles
Proposed by Hugo Aguilar Ortiz, the president of Mexico’s highest constitutional court, the ruling also declared two unchallenged articles valid. These articles were not explicitly impugned seven years ago by the National Human Rights Commission (CNDH), which was then led by Luis Raul Gonzalez Perez.
Arguments for Constitutionality
Irving Espinosa Betanzo, in presenting the resolution proposal for the action of unconstitutionality 122/2019, argued that the contested articles (35, 39 fraction VIII, 40, 44, and 64) were constitutional. These articles regulate the entry, admission, appointment, and promotion of public education teachers, prioritizing graduates from public teacher-training institutions and establishing merit-based, equal, transparent processes to strengthen educational services.
Espinosa Betanzo explained that the contested articles do not represent legislative omission or violate constitutional principles such as supremacy, normative hierarchy, law reserve, legality, and security. Instead, they fulfill the mandate of the May 15, 2019 educational reform by setting essential foundations, criteria, and competencies for horizontal promotion in basic and upper secondary education.
Judge Yasmín Esquivel Mossa’s Perspective
Judge Yasmín Esquivel Mossa supported the decision, stating that prioritizing graduates from public normal schools in the National Pedagogical University and teacher update centers demonstrates respect for students in these institutions. This legislative decision fosters professional choice, strengthens the identity and prestige of these institutions, and ensures that educational services have specifically trained personnel. It surpasses the ordinary equality test as it pursues a constitutionally legitimate goal.
Key Questions and Answers
- What was the main issue decided by the Mexican Supreme Court? The court validated seven articles from the General Law on the Career of Teachers and Teachers, which regulate horizontal promotion in public education.
- What do the validated articles specify? The articles outline participants, nature of horizontal movement, competent authorities, minimum elements for program development, and substantive criteria for promotion in upper secondary education.
- Why were two additional articles included in the decision? These articles, not explicitly challenged by the CNDH seven years ago, were proposed to be valid by Hugo Aguilar Ortiz.
- Why are the contested articles considered constitutional? The articles do not represent legislative omission and uphold key constitutional principles, fulfilling the mandate of the May 15, 2019 educational reform.
- What is Judge Yasmín Esquivel Mossa’s view on prioritizing public normal school graduates? She believes it demonstrates respect for students, fosters professional choice, strengthens institutional identity, and ensures specifically trained personnel for educational services.
