Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The main objective of this article is to give an overview of both the right to a clean and healthy environment adopted in international and national agreements, and the effects that the release of genetically modified organisms (GMOs) into the environment (especially genetically modified maize) may cause to human, animal and plant health. This article is divided into three sections: The first section focuses on the right to a clean and healthy environment and its enjoyment as a third generation human right in Mexico and the European Union; the second section briefly examines the global status of commercialized biotech/GM crops worldwide as well as the benefits and risks that the release of GMOs into the environment may cause to human, animal and plant health, and looks at the lack of protection of maize in Mexico as a Centre of Origin and Centre of Genetic Diversity (COD); and the third section analyses and compares the insufficient legal protection in Mexico with the strict legal regime in the European Union regarding the release of GMOs into the environment. I propose that Mexico should only cultivate genetically modified maize using biosafety techniques in arid zones, with the aim of protecting the genetic diversity of maize. This contrasts with the EU regulations because the EU has no genetic diversity of maize to protect. In increasing protections and following specific programs for the cultivation of genetically modified maize, the right to a clean and healthy environment could be guaranteed.

The criminal justice process should not involve obtaining the truth at any price. This article discusses how Mexico has adopted exceptional regulations which violate due process considerations and create a problematic breach of the rule of law. We argue that, at a time when Mexican society suffers the consequences of organized crime, the Constitution provides for two types of regulations: one protecting human rights, which are the foundation of the rule of law; and another which infringes on the individual rights of those suspected of having participated in organized criminal activity. We examine mechanisms such as preventive detention and preventive imprisonment and analyze their treatment under Mexican law as well as in international agreements. We explore whether or not the fight against criminality and the prosecution of criminals “by any means necessary” is more important that the protection of the human rights of those suspected of illegal activity. We conclude by suggesting that the response to criminality should not require limitations on the constitutional freedoms of citizens.

The purpose of this article is to understand how asset freezing works in the United States of America and in Mexico, as well as the contrasts and similarities in both systems. The threats posed to civil rights that can arise from asset freezing led us to compare the judicial criteria held by the US Courts and the corresponding reasoning in the Mexican legal system. Alternative rulings from European courts are also considered. Finally, some recommendations are made to improve due process in the Mexican legal system after preventing money laundering and funding terrorism when freezing financial assets.

This note is a brief analysis on one of the most recent developments of the work initiated by the International Social Service, ISS, in order to create a global international family mediation program that will transition from a collaborative process into an international network of specialized mediators, where a mediator profile is fundamental. The author of this article was part of the ISS group that convened in Geneva in May, 2017.

The study of Mexican law and practice makes it apparent that the regulation of several consular and diplomatic functions within the framework of the protection of nationals and dual or multiple nationals abroad, inheritance upon death (successions mortis causa), family law and international judicial assistance, needs to be updated in accordance with the development of private international law, information technologies and ciberspace. Ongoing preparatory work in drafting National Rules on Civil and Family Law Procedure presents an opportunity and framework to that effect, opening space for inter alia: the legal recognition of electronic apostilles (e-APPs); for regulating consular intervention on behalf of minors and persons lacking full capacity; for reasserting the mandatory six-week deadline for the child’s return in international child abduction procedures; as well as for enacting domestic provisions on the transmission and execution of requests of international judicial assistance by electronic means; as well as for digital research into foreign law. Mexico’s leadership would likewise be enhanced through the promotion of multilateral protocols on the subject and the negotiation of international judicial technologi-cal interconnection agreements; through the updating of official guidelines on consular protection for dual or multiple nationals; through the statutory definition of Mexican authorities entrusted with executing foreign requests regarding Mexican law; and in particular through the launching of a Presidential Program on International Human Mobility and high level programs connected to The law of the international movement of persons.

In 2017, more than 40 years after some of the first documented cases of forced disappearance in Mexico, the General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System was published. The approval and enactment of the General Law constitutes a step toward ensuring the free and full enjoyment of human rights of victims of forced disappearance and their next of kin, in accordance with the international human rights standards concerning forced disappearances established by international human rights treaties, the Inter- American Court of Human Rights case law, the recommendations issued by the United Nations Committee and Working Group on Forced or Involuntary Disappearances, and the Inter-American Commission on Human Rights. The General Law introduces and modifies institutions, procedures and guidelines that contribute to ensuring the rights to justice, truth and reparation. However, the General Law does not fully comply with international human rights standards regarding military jurisdiction and criminal responsibility within the chain of command. Also, the proper and effective implementation of the General Law requires strong political will and sufficient material and human resources from the three levels of government. Otherwise, the General Law will simply be regarded as a piece of paper.

The UN Guiding Principles on Business and Human Rights (UNGP) marked the end of a long journey towards regulating corporate conduct on this issue. However, they were conceived only as a focal point to guide public, corporate and civil governance towards the respect and protection of human rights. For this reason, the UNGP function as a common platform on which new rules and strategies should be developed. In this sense, as an element of public governance, Mexico adopted the criminal liability of corporations (CLC), which entered into force in 2016, along with the accusatory criminal justice system. Thus, since one of the purposes of criminal law is the subsidiary protection of legal assets —most of which have an underlying fundamental right—, the purpose of this article is to determine whether or not Mexico’s adoption of the CLC enhances the implementation of the UNGP, and if so, to evaluate its scope and limitations. After scrutinizing the UNGP in light of the regulation of the CLC in Mexico, the author argues that, although its performance can be optimized in many ways, the CLC plays an essential role in the area of business and human rights, not only for its direct contributions, but also for the interaction it generates with corporate and civil governance.

This article aims to study and analyses the different problems, realities and challenges faced by children and adolescents that require international protection in the case of Mexico and Central America. This is due to the fact that the phenomenon of human mobility from a human rights perspective has not been a priority in the Americas region. On the contrary, this phenomenon is seen from a national security perspective, which causes that children and adolescents who require international protection are unnoticed as a result their human rights are easily attacked making them vulnerable. Due to international laws on refugees, this article proposes to find possible solutions to protect their human rights and rights recognized by refugee law. Firstly, the identification of unaccompanied refugee children and adolescents within the mixed migratory flows in the case of Mexico and Central America. Secondly, it also aims to find possible solutions to give them access to the asylum procedure as a result to protect their rights such as non-refoulement and the best interests of the child. Rights not only recognized by international refugee laws, but also by international human rights law, which are mandatory and part of the international obligations on those countries of study.