Overcoming Protectionist Monopoly of Human Rights in the Mexican Constitutional State, After the Amendment to the first Article of the Constitution
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This paper studies the incidence of the Constitution and international
treaties for the effective protection of human rights in Mexico, after the
constitutional reform of June 10th 2011 and the paradigmatic sentence
of the Supreme Court of Justice of the Nation within the file varios
(‘various’) 912/2010. With these changes, international criteria become
an interpretive parameter that end the sole and final interpretation of
human rights. Based on an epistemological approach, the Mexican
constitutional openness to the international protection of human rights
builds an external control and a double guarantee for such rights, which
extends beyond reductionist or unilateral criteria from the exclusive will
of the State; that is to say, there is a reciprocal dialogue between domestic
and international judicial bodies that seeks to overcome the protectionist
monopoly in relation to human rights in Mexico.
Derechos humanos, diálogo jurisprudencial, interpretación constitucional, reciprocidad normativa, monopolio interpretativoHuman rights, jurisprudential dialogue, constitutional interpretation, reciprocity rules, interpretive monopoly