Current Version
| Region | Mexico |
| Issue | LGBT discrimination |
| Status | Illegal |
| Start Date | Jun 11, 2003 |
| End Date | (none) |
| Description | Since 1917, Article 1 of the Political Constitution of the United Mexican States has prohibited discrimination on any grounds. However, the explicit mention of sexual orientation as a basis for discrimination was only added during the 2011 reform of this article. Since then, it has also established that all Mexican authorities, within their respective jurisdictions, are obligated to promote, respect, protect, and guarantee human rights, in accordance with the principles of universality, interdependence, indivisibility, and progressiveness. Consequently, the Mexican State must prevent, investigate, sanction, and remedy human rights violations. Provisions related to human rights must be interpreted in accordance with the Constitution and international treaties, always favouring the broadest protection for individuals. Before this, in 2003, the Federal Law to Prevent and Eliminate Discrimination was enacted, marking the first legal tool requiring the Mexican State to create the conditions necessary for the real and effective equality of individuals. As a result, federal authorities must take action, both independently and collaboratively, to remove obstacles that hinder or prevent the full development of individuals and ensure that everyone enjoys the rights and freedoms guaranteed by the Political Constitution of the United Mexican States and by international treaties to which Mexico is a party. And thus, Article 4 (now Article 1, section III after the 2014 reform) of this law explicitly includes sexual orientation as one of the grounds for negative discrimination. Also, 3 out of 32 subnational jurisdictions bans discrimination based on gender identity in its State Constitutions. |
| Sources | https://database.ilga.org/mexico-lgbti https://database.ilga.org/api/downloader/download/1/MX%20-%20LEG%20-%20Federal%20Constitution%20(2011)%20-%20TR(en).pdf http://www.conapred.org.mx/index.php?contenido=pagina&id=38&id_opcion=15&op=15 https://www.diputados.gob.mx/LeyesBiblio/pdf/LFPED.pdf https://www.dof.gob.mx/nota_detalle.php?codigo=694195&fecha=11/06/2003#gsc.tab=0 https://www.diputados.gob.mx/LeyesBiblio/pdf/CPEUM.pdf https://dof.gob.mx/nota_detalle.php?codigo=5194486&fecha=10/06/2011#gsc.tab=0 |
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Revision History (3)
edited by Alejandro_Ramirez. Additional information to one that was already posted.
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Description | Since 2011, Article 1 of the Political Constitution of the United Mexican States (1917) (federal constitution) prohibits discrimination based on “sexual preferences”. 3 out of 32 subnational jurisdictions bans discrimination based on gender identity in its State Constitutions. Article 1(3) of the Federal Act to Prevent and Eliminate Discrimination (2003) includes “sexual preferences” as one of the prohibited grounds of discrimination | Since 1917, Article 1 of the Political Constitution of the United Mexican States has prohibited discrimination on any grounds. However, the explicit mention of sexual orientation as a basis for discrimination was only added during the 2011 reform of this article. Since then, it has also established that all Mexican authorities, within their respective jurisdictions, are obligated to promote, respect, protect, and guarantee human rights, in accordance with the principles of universality, interdependence, indivisibility, and progressiveness. Consequently, the Mexican State must prevent, investigate, sanction, and remedy human rights violations. Provisions related to human rights must be interpreted in accordance with the Constitution and international treaties, always favouring the broadest protection for individuals. Before this, in 2003, the Federal Law to Prevent and Eliminate Discrimination was enacted, marking the first legal tool requiring the Mexican State to create the conditions necessary for the real and effective equality of individuals. As a result, federal authorities must take action, both independently and collaboratively, to remove obstacles that hinder or prevent the full development of individuals and ensure that everyone enjoys the rights and freedoms guaranteed by the Political Constitution of the United Mexican States and by international treaties to which Mexico is a party. And thus, Article 4 (now Article 1, section III after the 2014 reform) of this law explicitly includes sexual orientation as one of the grounds for negative discrimination. Also, 3 out of 32 subnational jurisdictions bans discrimination based on gender identity in its State Constitutions. |
Show Difference | ||
| Sources | https://database.ilga.org/mexico-lgbti https://database.ilga.org/api/downloader/download/1/MX%20-%20LEG%20-%20Federal%20Constitution%20(2011)%20-%20TR(en).pdf http://www.conapred.org.mx/index.php?contenido=pagina&id=38&id_opcion=15&op=15 | https://database.ilga.org/mexico-lgbti https://database.ilga.org/api/downloader/download/1/MX%20-%20LEG%20-%20Federal%20Constitution%20(2011)%20-%20TR(en).pdf http://www.conapred.org.mx/index.php?contenido=pagina&id=38&id_opcion=15&op=15 https://www.diputados.gob.mx/LeyesBiblio/pdf/LFPED.pdf https://www.dof.gob.mx/nota_detalle.php?codigo=694195&fecha=11/06/2003#gsc.tab=0 https://www.diputados.gob.mx/LeyesBiblio/pdf/CPEUM.pdf https://dof.gob.mx/nota_detalle.php?codigo=5194486&fecha=10/06/2011#gsc.tab=0 |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Start Date | Apr 29, 2003 | Jun 11, 2003 |
| Description | The National Council to Prevent Discrimination, CONAPRED, takes action to ensure equality for all citizens. This includes promoting new policies and resolving complaints of allegedly discriminatory acts. | Since 2011, Article 1 of the Political Constitution of the United Mexican States (1917) (federal constitution) prohibits discrimination based on “sexual preferences”. 3 out of 32 subnational jurisdictions bans discrimination based on gender identity in its State Constitutions. Article 1(3) of the Federal Act to Prevent and Eliminate Discrimination (2003) includes “sexual preferences” as one of the prohibited grounds of discrimination |
Show Difference | ||
| Sources | http://www.conapred.org.mx/index.php?contenido=pagina&id=38&id_opcion=15&op=15 | https://database.ilga.org/mexico-lgbti https://database.ilga.org/api/downloader/download/1/MX%20-%20LEG%20-%20Federal%20Constitution%20(2011)%20-%20TR(en).pdf http://www.conapred.org.mx/index.php?contenido=pagina&id=38&id_opcion=15&op=15 |
Show Difference | ||
| Original entry | |
|---|---|
| Status | Illegal |
| Start Date | Apr 29, 2003 |
| End Date | (none) |
| Description | The National Council to Prevent Discrimination, CONAPRED, takes action to ensure equality for all citizens. This includes promoting new policies and resolving complaints of allegedly discriminatory acts. |
| Sources | http://www.conapred.org.mx/index.php?contenido=pagina&id=38&id_opcion=15&op=15 |
Reports (1)
- Status is not correct