2024-07-21 20:59:07
The Supreme Court of Justice of the Nation (SCJN), in the last 15 years, has issued more than 1,070 paradigmatic sentences that come from social struggles and set precedents on environmental, reproductive, labor and social rights, as well as for the protection of people in conditions of vulnerability y victims of crime.
In terms of labor rights, 200 rulings stand out, such as the one that recognizes the right of domestic workers to be affiliated to social security; another is the declaration of unconstitutionality of the rule that prohibited same-sex couples from accessing social security benefits widow’s pensions and access to childcare.
The Supreme Court highlights that, in the last 20 years, another 247 sentences have been issued that set precedents related to the rights of children and adolescents to education y health.
In turn, 24 sentences stand out with which it has ruled on the right to Legal Termination of Pregnancy and has allowed local legislatures to move forward in decriminalizing abortion.
Regarding the rights of indigenous peoples, 13 resolutions stand out, such as the mandatory establishment of free and informed consultations, as well as the right to have interpreters during any legal process.
Another 55 sentences have set the criteria of the rights that people have when they are detained and 21 sentences have designed the requirements that the authorities must meet to provisionally apprehend a citizen.
The Supreme Court Another paradigmatic ruling is the one that recognises the right of missing persons to be searched for, as well as 25 other rulings on this subject for the protection of victims.
On freedom of expression and the practice of journalism, until July 2022, the Supreme Court issued 37 rulings on protective measures which journalists must have, prohibition of criminalizing activities linked to journalism and the preparation of journalistic notes that refer to private officials or institutions.
Regarding environmental rights, the registration of the Cut There are 36 rulings that have established criteria for the conservation and restoration of urban forests, the joint responsibility of private parties in cases of damage to the environment, and the right of access to information by companies during environmental audits.
The SCJN has determined the scope of the rights of sexual diversity, with rulings such as those that recognize unions between people of the same sex, homoparental adoption and the option for transgender people to modify their birth certificate and other official documents.
Other sentences that are considered paradigmatic were given in 2023, with which the right of the gender identity self-perceived by girls, boys and adolescents.
Criticism
In contrast, for two years now the federal government has consistently stated that the judiciary protects criminals.
Among the president’s criticisms Andres Manuel Lopez Obrador It is that the ministers of the SCJN “are part of the supreme conservative power, they are not the supreme conservative power, they are employees of the supreme conservative power.”
López Obrador has pointed out that with several of his resolutions the ministers of the SCJN They have shown that they “have no dignity and are not authentic public servants.”
Another of the recurring accusations is that judges and magistrates release criminals, because over the course of a year, the President has exhibited at least 105 judges for assisting suspected criminals.
In an interview with the Judiciary channel, Judge Magdalena Victoria Oliva, head of the Fifth District Court Specialized in the Execution of Sentences, indicated that this is false and that in most cases it is a matter of failures by the prosecutor’s offices in the due process.
The federal judge indicated that in 2022 alone there were 26.8 million crimes committed, but the prosecutors investigated only 2 million alleged crimes and prosecuted 300 thousand cases, “what it means with the jonce only 1%”.
He recalled that it is an oral justice system “in which we are sitting as is and you have to listen to what the court argues (…) accused, the victim or the defender, So when it is said that the judge releases criminals, that is false, because he does it based on what the prosecutor says.”.
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2024-07-21 20:59:07