Detection and Normative Analysis
In accordance with the provisions of article 105, section II, paragraph g, of our Basic Law, 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 by local legislatures, as well as international treaties, which may violate the fundamental rights of individuals.
In The month of July 2021, the publication of 255 normative amendments issued by the legislative organs of the states and the Congress of the Union wasdetected.
As mentioned above, once this Autonomous Body identifies the decrees issuing, adding to, reforming, repealing and/or abrogagaating general rules, it proceeds to its analysis in the light of the normative framework in the field of human rights that governs mexico.
During July 2021,the Head of this Constitutional Body for the Protection of Fundamental Rights decided to exercise her power to bring actions of unconstitutionality before the SCJN on seven occasions, for which reason 7 lawsuits were filed against various general rules that were detected in the newspapers and government gazettes of four different states. These lawsuits were brought against the following legal systems:
Nayarit: 3 (Law of Culture and Civic Justice for the State of Nayarit, Penal Code for the State of Nayarit and Penal Code for the State of Nayarit), the first that gave rise to the action of unconstitutionality 103/2021, the second to the action of unconstitutionality 107/2021 and the last gave rise to the action of unconstitutionality 110/2021.
Querétaro: 1 (PenalCode for the State of Querétaro), which gave rise to the action of unconstitutionality 104/2021.
Mexico City: 2 (Penal Code for the Federal District (CDMX) and Education Law of Mexico City), the first that gave rise to the action of unconstitutionality 108/2021, and the second to the action of unconstitutionality 109/2021.
Baja California: 1 (Law of the State Court of Administrative Justice of Baja California), which gave rise to the actionof unconstitutionality (pending filing).
