The Supreme Court of Justice of the Nation (SCJN) rejected a motion to declare unconstitutional an article of the General Law of Victims, amended in 2020, which eliminated the minimum fund for comprehensive reparation and assistance to crime victims.
The project by Minister Giovanni Figueroa received five votes in favor and four against, but it needed a minimum of six votes in favor to exclude the new wording of the article from the legal framework.
The project argued that the article was contrary to the principle of progressiveness, as it did not guarantee comprehensive reparation for the damage to victims of crimes or serious human rights violations.
The minister argued that there was already a Court ruling, from its previous composition, that recognized the reform as regressive for eliminating a minimum percentage of the budget for the fund aimed at helping victims.
However, four ministers voted to maintain the current wording of the article.
Minister Lenia Batres voted to keep the wording approved by the legislative body, clarifying that it is not the Supreme Court, and stated that there are no victims complaining about a lack of resources for damage repair.
She said that this design better protects victims, and in addition, the fund has received more resources.
The final vote was five against (Sara Irene Herrerías Guerra, Irving Espinosa Betanzo, María Estela Ríos González, Lenia Batres Guadarrama and Aristides Rodrigo Guerrero García) and four in favor (Yasmin Esquivel Mossa, Loretta Ortiz Ahlf, Giovanni Azael Figueroa Mejía and Hugo Aguilar Ortiz).
