First edition: August 2005 Second edition: November 2008 Third edition: March 2010 Fourth edition: August 2010 All rights reserved. © Mexican Supreme Court Av. José María Pino Suárez, No. 2 C.P. 06065, México, D.F. Printed in Mexico Translators: Dr. José Antonio Caballero Juárez and Lic. Laura Martín del Campo Steta. Translation updated by: Lic. Sergio Alonso Rodríguez Narváez and Estefanía Vela The update, edition, and design of this publication was made by the General Management of the Coordination on Compilation and Systematization of Theses of the Mexican Supreme Court. Mexican Supreme Court Justice Guillermo I. Ortiz Mayagoitia President First Chamber Justice José de Jesús Gudiño Pelayo President Justice José Ramón Cossío Díaz Justice Olga María Sánchez Cordero de García Villegas Justice Juan N. Silva Meza Justice Arturo Zaldívar Lelo de Larrea Second Chamber Justice Sergio Salvador Aguirre Anguiano President Justice Luis María Aguilar Morales Justice José Fernando Franco González Salas Justice Margarita Beatriz Luna Ramos Justice Sergio A. Valls Hernández Publications, Social Communication, Cultural Diffusion and Institutional Relations Committee Justice Guillermo I. Ortiz Mayagoitia Justice Sergio A. Valls Hernández Justice Arturo Zaldívar Lelo de Larrea Editorial Committee Mtro. Alfonso Oñate Laborde Technical Legal Secretary Mtra. Cielito Bolívar Galindo General Director of the Theses Compilation and Systematization Bureau Lic. Gustavo Addad Santiago General Director of Diffusion Judge Juan José Franco Luna General Director of the Houses of Juridical Culture and Historical Studies Dr. Salvador Cárdenas Gutiérrez Director of Historical Research CONTENT FOREWORD ................................... IX TITLE ONE CHAPTER ONE Fundamental rights ............................................1 CHAPTER TWO Mexican nationals ............................................ 95 CHAPTER THREE Aliens ................................................................ 99 CHAPTER FOUR Mexican citizens ............................................. 101 TITLE TWO CHAPTER ONE National sovereignty and form of government ..................................................... 107 V VI Political Constitution of the United Mexican States CHAPTER TWO Parts composing the Federation and national land territory............................. 127 TITLE THREE CHAPTER ONE The division of Powers..................................... 131 CHAPTER TWO The Legislative Branch .................................... 133 Section First Election and installation of Congress ......... 133 Section Second The initiation and enactment of laws......... 150 Section Third The Powers of Congress ................................ 155 Section Fourth The Permanent Commission ........................ 181 Section Fifth The Federation’s Superior Supervising Entity ........................................ 184 CHAPTER THREE The Federal Executive Branch ......................... 193 CHAPTER FOUR The Judicial Branch ........................................ 205 VII TITLE FOUR The liabilities of public officers ........................ 257 TITLE FIVE The States of the Federation and the Federal District .......................................... 269 TITLE SIX Labor and social welfare ................................. 321 TITLE SEVEN General provisions .......................................... 347 TITLE EIGHT Amendments to the Constitution ..................... 359 TITLE NINE The inviolability of the Constitution ................ 361 TRANSITORY ARTICLES ................... 363 THE FOLLOWING ARTICLES WERE REFORMED ON JUNE 18TH 2008, ACCORDING TO A DECREE OF REFORMS PUBLISHED IN THE OFFICIAL GAZETTE OF THE FEDERATION; HOWEVER, TO SOME EXTENT THEY ARE STILL IN FORCE, SINCE THE NEW CRIMINAL SYSTEM SHALL BE COMPLETELY IN VIGOR WITHIN A TERM OF EIGHT YEARS FOLLOWING THE DATE OF SAID DECREE. THUS VIII Political Constitution of the United Mexican States THEY ARE PRESENTED HERE AS THEY WERE BEFORE THEIR MODIFICATIONS, ALONG WITH THE TRANSITORY ARTICLES OF THE REFORM. ................................................... DECREE OF REFORMS AND ADITIONS OF SEVERAL ARTICLES OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES, PUBLISHED ON THE OFFICIAL GAZETTE OF THE FEDERATION ON JUNE 18TH 2008.......................................................... 441 BIBLIOGRAPHY ............................. 447 FOREWORD Due to the increasing interest shown by foreign institutions and scholars on Mexican law, the Supreme Court of Justice of the Nation decided to make an English translation of the Political Constitution of the United Mexican States. This fourth edition, revised and updated as for July 2010, will allow English speaking readers to better know the Fundamental and Social Rights recognized by our Constitution, as well as the structure of the Branches of Government. This way the reader will be able to know and understand the basic characteristics of the Mexican legal system. As its previous edition, this one is aimed at those English speaking scholars interested in the IX X Political Constitution of the United Mexican States comparison of legal systems. From its reading, they will acknowledge that the Mexican Constitution has been up to the challenges of the 21st century. Committee of Publications, Social Communication, Cultural Diffusion and Institutional Relations of the Mexican Supreme Court Justice Sergio A. Valls Hernández Justice Arturo Zaldívar Lelo de Larrea Justice Guillermo I. Ortiz Mayagoitia TITLE ONE CHAPTER ONE Fundamental rights1 Article 1. In the United Mexican States, all persons shall enjoy the fundamental rights recognized by this Constitution, which may not be abridged nor suspended except in those cases and under such conditions as herein provided. Slavery is forbidden in the United Mexican States. Slaves who shall step into Mexican territory shall, 1 The term is used here in the sense of constitutional protections, equivalent to the Bill of Rights which comprises the summary of rights and liberties of the people, or the principles of constitutional law deemed essential and which guarantee the rights and privileges to the individual, such as the first Ten Amendments of the Constitution of the United States of America. (Campbell Black, Henry, Black’s Law Dictionary, 6th ed., St. Paul, Minnesota, Abridged, West Publishing Co., 1991, p. 113 and 115.) 1 2 Political Constitution of the United Mexican States just by this fact alone, attain their freedom and the protection of the laws. Every form of discrimination motivated by ethnic or national origin, gender, age, incapacities, sexual preferences, status or any other which attempt on human dignity or seeks to annul or diminish the rights and liberties of the people, is prohibited. Article 2.2 The Mexican Nation is one and indivisible. The Nation has a multicultural composition, originally sustained on its indigenous peoples, who are those regarded as indigenous on account of their descent from the populations that originally inhabited the Country’s current territory at the time of colonization, who retain some or all of their own social, economic, cultural and political institutions. 2 In the translation of this Article the terms selected were those used in the Convention No. 169 of International Labor Organization, Concerning Indigenous and Tribal Peoples in Independent Countries, since this Article was inspired in the aforesaid Convention and it provides better understanding of the meaning. Title One 3 The fundamental criteria to determine to whom the provisions on indigenous people apply shall be the self-identification of their indigenous identity. Those communities which constitute a cultural, economic and social unit settled in a territory, that recognize their own authorities according to their uses and customs are the ones that comprise an indigenous folk. Indigenous people’s right to self-determination shall be exercised within a framework of constitutional autonomy safeguarding national unity. The constitutions and laws of the Federal District and of the States shall recognize indigenous people and communities and shall also include the general principles established in the previous paragraphs of this Article, as well as ethnic-linguistic and land settlement criteria. A. This Constitution recognizes and protects the right to self-determination of indigenous people and communities and, consequently, their right to autonomy, so that they may: 4 Political Constitution of the United Mexican States I. Decide the ways of their community life as well as their social, economic, political and cultural organization. II. Enforce their own legal systems to regulate and solve their internal conflicts, subject to the general principles of this Constitution, respecting constitutional rights, human rights, and in a relevant manner, the dignity and integrity of women. The Law shall establish the cases and validation procedures by the corresponding judges or courts. III. Elect, in accordance with their traditional rules, procedures and practices, their authorities or representatives to exercise their form of internal government, guaranteeing the participation of women under equitable conditions before men, respecting the Federal Union Pact and the States’ sovereignty. IV. Preserve and promote their languages, knowledge and all those elements that constitute their culture and identity. Title One 5 V. Maintain and improve their habitat and preserve the integrity of their lands as provided in this Constitution. VI. Attain preferential use and