Amnesty International Mexico has urged the Senate to reject the constitutional reform that seeks to eliminate the conventionality control of the Constitution, as it considers that this would be a serious setback in the defense of human rights in Mexico. The organization argues that this initiative goes against international provisions and jeopardizes human rights by invalidating conventionality control, which is crucial for ensuring that Mexican laws respect international and inter-American treaties.
On the other hand, the Miguel Agustín Pro Juárez Human Rights Center (Centro Prodh) has pointed out that the proposed reform regarding the 'non-challengeability of constitutional reforms' represents a significant change and a setback for human rights, as it affects the incorporation of international treaties that provide protection to individuals. Similarly, the organization Perteneces A.C. has expressed firm opposition to the modification of the first constitutional article, which it considers undermines the conventionality control achieved in 2011.
Fundar Mexico has also warned about the setback that this initiative would represent, as it would nullify human rights from international sources, including the decisions of the Inter-American Court of Human Rights, which would endanger the protection of the most vulnerable individuals in the country.
Regarding the initiative presented in the Senate by the parliamentary coordinator of Morena, Adán Augusto López Hernández, it seeks to prevent constitutional controversies or actions of unconstitutionality regarding the Constitution, as well as resolutions in electoral matters. The proposed reform of various constitutional articles has generated concern among various human rights defense organizations.
The 'control of conventionality', according to the definition by Dr. Claudio Nash, is a tool that allows States to guarantee human rights at the domestic level by verifying the conformity of local regulations with the American Convention on Human Rights and its jurisprudence. This figure is related to the obligations of States regarding human rights, and its implementation implies the expulsion of internal norms contrary to international treaties, a harmonious interpretation of national laws, and adjustment of state practices to international standards in human rights.
