Background and Relevance
Amnesty International Mexico section has expressed its approval for the Supreme Court of Justice of the Nation (SCJN) resolution that declared a portion of Article 109 of Sonora’s Mobility and Road Safety Law (Ley Número 176) unconstitutional. This portion imposed unconstitutional restrictions on the right to peaceful social protest.
The individual at the center of this story is not a person but an abstract entity – Amnesty International Mexico section. Their relevance stems from their role as a prominent human rights organization advocating for the protection of fundamental freedoms, including the right to peaceful protest.
SCJN’s Ruling
On Monday, the SCJN resolved an action of unconstitutionality (55/2024) under the guidance of Irving Espinosa Betanzo. The ruling recognized that “protest is an autonomous right, a cornerstone of the democratic framework that links freedom of expression, freedom of assembly, and the chain of rights enabling free exercise of the vote.”
The Court concluded that the requirement for prior authorization, as outlined in Article 109, is unconstitutional. The norm was deemed vague, allowing broad discretion and functioning as an incompatible mechanism of prior control. It failed to withstand the strictest scrutiny.
Implications of the Ruling
Following this ruling, the SCJN stated that prior authorization for protest should be removed from the legal framework. However, the notice in Article 110 could persist through a strict interpretation as a mechanism for communication to adopt reasonable protective and logistical measures, not as an enabling requirement or hidden authorization.
Amnesty International’s Stance
In a statement on social media, Amnesty International Mexico highlighted their support for the SCJN’s decision. They emphasized that requiring prior authorization for protest is a form of censorship incompatible with freedom of expression and assembly rights.
The organization underscored that the right to peaceful assembly is a human right, not a privilege. Governments should ensure and facilitate this right, rather than condition or suppress it.
Key Questions and Answers
- What was the issue at hand? A portion of Sonora’s Mobility and Road Safety Law required prior authorization for public protests, which Amnesty International Mexico and others argued was unconstitutional.
- Who made the ruling? The Supreme Court of Justice of the Nation (SCJN) declared the mentioned portion of the law unconstitutional.
- Why is this important? This ruling upholds the right to peaceful protest as a fundamental human right, ensuring that governments cannot impose unnecessary restrictions or censorship on citizens exercising this right.
- What does the ruling mean for future protests in Sonora? Prior authorization for protests is no longer required, and authorities can only implement reasonable protective and logistical measures based on advance communication.
