Law for the protection of human rights defenders and journalists of 2012 and its Bylaw
Type of instrument: Protection Mechanism
Status: (as of 1 January 2022)
Law adopted on 30 April 2012
Bylaw adopted on 30 November 2012.
Comments on the instrument:
The Bill establishes a comprehensive mechanism for the protection of HRDs that aligns, for the most part, with the Model Law; the most notable absence is the lack of an independent review of the Mechanism’s decisions and functioning.
Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No
Mechanism on the protection of human rights defenders established in the instrument?
Yes. Main purpose of this bill is the establishment of the mechanism, in Article 12.
Comparison to the Model Law
Below is a short summary of the instrument compared to the Model Law. For additional information and analysis by ISHR on Mexico, click here.
Key elements of the protection mechanism:
Provision |
Covered? |
Analysis / articles |
Definition of Human Rights Defender |
FULL |
2 |
Cooperation with human rights defenders, civil society, and national and international human rights bodies |
FULL |
6, 8(V, VI), 16(VII), 28 / 49 BL |
Training of mechanism’s personnel on HR and fundamental freedoms |
FULL |
5, 8(XVI), 9, 11, 13, 20, 22 |
Periodic reviews with independent experts and CSOs on the functioning of the Mechanism |
PART |
65-67 / 28BL |
Resources for adequate functioning of the Mechanism / transparency on resource usage |
FULL |
18(III,IV), 48-54, 63, 64 / 21BL |
Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration) |
FULL |
44 / 68 BL |
Disseminate information on protection programmes for human rights defenders, Mechanism’s work |
FULL |
16(VIII) |
Development of protocols and guidelines based on best practices to protect human rights defenders |
FULL |
8(III, 18(V,VI,VII), 19(VII), 28 |
Assist investigations for prosecuting offences against human rights defenders |
PART |
19(VIII) / 76, 77 BL |
Granting of protective measures based off a specific risk assessment |
FULL |
8(I-V), 16(V), 35-39 |
Review / appeal of Mechanism decision before courts or independent authority |
PART |
16(IV,V,), 38, 55-62 / 106 BL |
Confidentiality and personal data protection |
FULL |
63, 66 / 21BL |
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders) |
FULL |
8(VII, IX,X,XIV,XV),16(VI), 45 |
Quick downloads
Initiative of a general law to respect, protect, guarantee and promote the rights of human rights defenders and journalists
Type of instrument: Law & Protection Mechanism
Status: (as of 1 January 2022)
In progress, pending before Congressional Committee.
Comments on the instrument:
The initiative seeks to improve the 2012 law (Law for the protection of human rights defenders and journalists of 2012) by adding substantive elements to the existing protection mechanism. The draft law is an almost verbatim transcript of the Model Law, with substantive elements in the same order, while the articles related to the protection mechanism are almost identical to those in the 2012 law. Despite a few small improvements, the protection mechanism similarly lacks a process of supervision by an independent body, as the appeal process is carried out by the mechanism itself.
Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No
Comparison to the Model Law
Below is a short summary of the instrument as compared to the Model Law. For additional information and analysis by ISHR on Mexico, click here
A selection of fundamental rights for human rights defenders incorporated in the instrument:
Provision |
Covered? |
Analysis / articles |
Definition of Human Rights Defender |
FULL |
6 |
Right to promote and protect human rights and fundamental freedoms |
FULL |
3, 5, 7(I) |
Right to Form Groups, Associations, and Organisations |
FULL |
3, 7(II), |
Right to Solicit, Receive and Utilise Resources |
FULL |
7(III) |
Right to freedom of expression and to seek, receive and disseminate Information |
FULL |
7(IV), 8, 14.III |
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations |
FULL |
7(VI, VII) |
Right to participate in public affairs |
FULL |
7(VIII) |
Right to Peaceful Assembly |
FULL |
7(IX) |
Right to represent and advocate |
FULL |
7(X) |
Right to freedom of movement |
FULL |
7(XI) |
Right to Privacy |
FULL |
7(XII) |
Freedom from intimidation or reprisal |
FULL |
7(XIII) |
Freedom from defamation and stigmatisation |
FULL |
7(XIV) |
State obligations regarding human rights defenders in the instrument?
Provision |
Covered? |
Analysis / articles |
Obligation to respect, promote, protect and fulfil rights of human rights defenders |
FULL |
2, 14(I)(a) |
Obligation to facilitate the activities and work of human rights defenders |
FULL |
14(I)(II) |
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal |
FULL |
3, 5, 14(V-VII) |
Obligation to investigate, provide an effective remedy and ensure reparation |
FULL |
1, 3, 7(XVI), 14(VIII), 74, 126, 125-134 |
Mechanism on the protection of human rights defenders established in the instrument?
Mechanism established through article 1
Provision |
Covered? |
Articles |
Cooperation with human rights defenders, civil society, and national and international human rights bodies |
FULL |
57, 59.IV-VII, 66.VII, 84, 104, 106 |
Training of mechanism’s personnel on human rights and fundamental freedoms |
FULL |
14.X, 61, 63, 72, 109, 140, 141 |
Periodic reviews with independent experts and CSOs on the functioning of the Mechanism |
FULL |
14.X, 61, 63, 72, 109, 140, 141 |
Resources for adequate functioning of the Mechanism / transparency on resource usage |
FULL |
59.XV, 131-139, 151 |
Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration) |
FULL |
3(III), 3(XVIII), 14.II.e, 14.X |
Disseminate information on protection programmes for human rights defenders, Mechanism’s work |
FULL |
66.VIII, 67.b, |
Development of protocols and guidelines based on best practices to protect human rights defenders |
FULL |
14.II.d, 59.III, 68.V- 68.VII, 106, 116 |
Assist investigations for prosecuting offences against human rights defenders |
PART |
86.VII, 159, 160 |
Granting of protective measures based off a specific risk assessment |
FULL |
59.I, 59.II, 66.V, 69, 71, 73, 76-96, 106, 114, 118, 124 |
Review / appeal of Mechanism decision before courts or independent authority |
PART |
142-149 |
Confidentiality and personal data protection |
FULL |
14.IV, 150 |
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders) |
FULL |
59.VII, 59.IX,59.X, 59.XIV, 66.VI 106 |