Political Constitution of the United Mexican States CONTENT TITLE
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Political Constitution of the United Mexican States CONTENT TITLE ONE CHAPTER I Fundamental rights (Articles 1-29) CHAPTER II Mexican nationals (Articles 30-32) CHAPTER III The foreigners (Article 33) CHAPTER IV The Mexican citizens (Articles 34-38) TITLE TWO CHAPTER I National sovereignty and form of governance (Articles 39-41) CHAPTER II Composition of the Federation and Mexican territory (Articles 42-48) TITLE THREE CHAPTER I Division of power (Article 49) CHAPTER II The legislature (Article 50) SECTION I Election and inauguration of the Congress (Articles 51-70) SECTION II Bills and law enactment (Articles 71-72) SECTION III Powers of Congress (Articles 73-77) SECTION IV Permanent Committee (Article 78) SECTION V Federal Auditing Office (Article 79) CHAPTER III The Federal Executive Branch (Articles 80-93) CHAPTER IV The Judicial Branch (Articles 94-107) TITLE FOUR Public servant’s accountabilities related to severe administrative offences and incidents of corruptions and State Patrimony (Articles 108-114) TITLE FIVE Mexican States and Mexico City (Articles 115-122) TITLE SIX Labor and social security (Article 123) TITLE SEVEN General Considerations (Articles 124-134) TITLE EIGHT Constitutional Reforms (Article 135) TITLE NINE The inviolability of the Constitution (Article 136) TRANSITORY ARTICLES This Constitution was published in the Diario Oficial de la Federación (Federal Official Gazette) the 5 day of February, 1917. Updated by reforms published on August 15, 2016. It was updated through the reforms published on October 8, 2013. The Commanding Officer of the Constitutional Army, Nation’s Chief Executive, has addressed to me the following decree: I, VENUSTIANO CARRANZA, Commanding Officer of the Constitutional Army, Chief Executive of the United Mexican States, inform that: The Constituent Congress, which has met in this city this 1 day of December, 1916, under the call issued on September 19, same year, by the First Head of State, according to that provided by the Article 4 of modifications made on September 14 on the decree issued on December 12, 1914 in Veracruz, and attaching the Plan of Guadalupe proclaimed on March 26, 1913, has issued the following: POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES This Constitution reforms the constitution issued on February 5, 1857. TITLE ONE CHAPTER I (The name of the chapter was modified by the decree published on June 10, 2011) Human rights and guarantees (First paragraph was reformed by the decree published on June 10, 2011) Article 1 In the United Mexican States, all individuals shall be entitled to the human rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Such human rights shall not be restricted or suspended, except for the cases and under the conditions established by this Constitution itself. (Added by the decree published on June 10, 2011) The provisions relating to human rights shall be interpreted according to this Constitution and the international treaties on the subject, working in favor of the protection of people at all times. (Added by the decree published on June 10, 2011) All authorities, in their areas of competence, are obliged to promote, respect, protect and guarantee the human rights, in accordance with the principles of universality, interdependence, indivisibility and progressiveness. As a consequence, the State must prevent, investigate, penalize and redress violations to the human rights, according to the law. Slavery shall be forbidden in Mexico. Every individual who is considered as a slave at a foreign country shall be freed and protected under the law by just entering the country. (Reformed by the decree published on June 10, 2011) Any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religious, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited. Article 2 The Mexican Nation is unique and indivisible. The nation is multicultural, based originally on its indigenous tribes. Descendants of those inhabiting the country before colonization and that preserve their own social, economic, cultural and political institutions, or some of them. Consciousness of indigenous identity will be the fundamental criteria to determine to whom apply the provisions on indigenous people. Indigenous community is defined as the community that constitutes a cultural, economic and social unit, settled in a territory and that recognizes its own authorities, according to their customs. Indigenous people’s right to self-determination shall be subjected to the Constitution in order to guarantee national unity. States’ and Federal District’s constitutions and laws must recognize indigenous peoples and communities, taking into account the general principles established in the previous paragraphs, as well as ethnic-linguistic and land settlement criteria. A. This Constitution recognizes and protects the indigenous peoples’ right to self- determination and, consequently, the right to autonomy, so that they can: I. Decide their internal forms of coexistence, as well their social, economic, political and cultural organization. II. Apply their own legal systems to regulate and solve their internal conflicts, subjected to the general principles of this Constitution, respecting the fundamental rights, the human rights and, above all, the dignity and safety of women. The law shall establish the way in which judges and courts will validate the aforementioned regulations. Amended by decree published on January 29, 2016) (Amended by decree published on May 22, 2015) III. Elect, in accordance with their traditional rules, procedures and practices, their authorities or representatives to exercise their own form of internal governance, guaranteeing that indigenous women´s and men´s will enjoy and exercise their right to vote and be elected under equitable conditions; as well as accessing and taking public and popular election offices for which they had been elected or appointed, respecting the federal pact, sovereignty of the States and the autonomy of Mexico City. Under no circumstances may community practices limit the citizens’ political-electoral rights on the election of their municipal authorities. IV. Preserve and enrich their languages, knowledge and all the elements that constitute their culture and identity. V. Maintain and improve their environment and lands, according to this Constitution. VI. Attain preferential use of the natural resources of the sites inhabited by their indigenous communities, except for the strategic resources defined by this Constitution. The foregoing rights shall be exercised respecting the forms of property ownership and land possession established in this Constitution and in the laws on the matter as well as respecting third parties’ rights. To achieve these goals, indigenous communities may form partnerships under the terms established by the Law. VII. Elect indigenous representatives for the town council. The constitutions and laws of the States shall recognize and regulate these rights in municipalities, with the purpose of strengthening indigenous peoples’ participation and political representation, in accordance with their traditions and regulations. VIII. Have full access to State jurisdiction. In order to protect this right, in all trials and proceedings that involve natives, individually or collectively, their customs and cultural practices must be taken into account, respecting the provisions established in this Constitution. Indigenous people have, at all times, the right to be assisted by interpreters and counsels, who are familiar to their language and culture. The constitutions and laws of the States and the Federal District shall establish those elements of self-determination and autonomy that may best express the conditions and aspirations of indigenous peoples, as well as the rules, according to which indigenous communities will be defined as public interest entities. (The first paragraph was amended by decree published on January 29, 2016) B. In order to promote equal opportunities for indigenous people and to eliminate any discriminatory practice, the Federation, the States and Municipalities shall establish the institutions and define the necessary policies to guarantee full force of indigenous people’s rights and comprehensive development of indigenous people and communities. Said institutions and policies shall be designed and operated jointly with them. In order to eliminate the needs and backwardness affecting indigenous towns and communities, authorities are obliged to: I. Stimulate regional development in indigenous areas with the purpose of strengthening local economies and improving the quality of life. To achieve this goal, the three levels of government and the indigenous communities must take part in a coordinated manner. Local governments shall equitably determine the budget that is to be directly managed by the indigenous communities for specific goals. II. Guarantee education and increase educational level of indigenous peoples, favoring bilingual and cross-cultural education, literacy, completion of the elementary and secondary education, technical training, high education and university education. Also, the authorities must establish a scholarship system for indigenous students at all grades, as well