Detection and Normative Analysis
In accordance with the provisions of article 105, section II, paragraph g) of our fundamental ruling, the president of the National Human Rights Commission (CNDH) has the constitutional power to bring actions of unconstitutionality before the Supreme Court of Justice of the Nation (SCJN) against laws issued by the Congress of the Union or the local legislatures, as well as in international treaties, which may infringe on the fundamental rights of individuals.
In March 2021, the publication of 245 normative amendments issued by the legislative bodies of the federative entities and the Congress of the Union was detected.
During that month, the head of this Constitutional Organism for the protection of fundamental rights decided to exercise her power to bring unconstitutionality actions before the SCJN on 12 occasions, which resulted in 12 lawsuits against various general rules that were detected in government newspapers and gazettes of eleven different states. These lawsuits were filed against the following legal systems:
· Coahuila: 1 (law for the Development and Inclusion of Persons with Disabilities in the State of Coahuila), which led to the action of unconstitutionality 43/2021.
· Nuevo León: 2 (Civil Procedure Code of the State of Nuevo León and Civil Registry Law of the State of Sonora), where the first gave rise to the action of unconstitutionality 44/2021 and the second to the 48/2021 one.
· Sonora: 1 (Civil Registry Law of the State of Sonora), la cual dio origen a la acción de inconstitucionalidad 45/2021.
· Mexico City: 1 (National Code of criminal Procedure and five federal laws), which gave rise to the action of unconstitutionality 49/2021.
· Guerrero: 1 (Law 652 for the Election of Municipal Police Stations of the State of Guerrero), which originated the action of unconstitutionality 50/2021.
· Oaxaca: 1 (Revenue Act of Oaxaca de Juárez Municipality, Centre, Oaxaca, for fiscal year 2021), which led to the action of unconstitutionality 51/2021.
· Zacatecas: 1 (Law of Promotion of Livestock of the State of Zacatecas), that originated the action of unconstitutionality 52/2021.
· Chihuahua: 1 (Law of Archives for the State of Chihuahua), which causes the action of unconstitutionality (pending).
· Aguascalientes: 1 (Law of Archives of the State of Aguascalientes), that gave rise to the action of unconstitutionality (pending).
· Nayarit: 1 (Political Constitution of the Free and Sovereign State of Nayarit), which originated the action of unconstitutionality (pending).
· Veracruz: 1 (Law 843 of the Public Security System for the State of Veracruz de Ignacio de la Llave), which gave rise to the action of unconstitutionality (pending). Follow-up to the Promoted Unconstitutionality Actions
Resolutions of Unconstitutionality Actions
During March 2021, the Supreme Court of Justice of the Nation (SCJN) resolved 4 unconstitutionality actions filed by the CNDH in previous years. Of this total, 1 was appropriate and partially founded; 1, appropriate and founded; 1, dismissed, and 1, partially appropriated and partially founded.
More information:
https://www.cndh.org.mx/sites/default/files/documentos/2021-03/COM_2021_062.pdf