Mexico

There are two instruments relevant to Mexico. 1. The 2012 Law establishes a comprehensive protection mechanism, aligning mostly with the Model Law. 2. The current draft law seeks to add substantive elements to the existing protection mechanism established in the 2012 Law, with elements related to the protection mechanism almost identical to the 2012 law.

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

2012 law bylaw 

 

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 international 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?

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

Quick access

General law initiative