Boletín Mexicano de Derecho Comparado

The human rights approach in social and development policies. Towards a necessary implementation of a disability approach

Esteban Marmeto — Thu, 03 Apr 2025 00:00:00 +0000

The purpose of this paper is to raise the need to implement a disability approach in human rights. For these purposes, we start from the human rights approach in social and development policies and analyze a public policy in the district of Tandil, province of Buenos Aires, Argentine Republic. This papel analyze the international corpus iuris on disability, the human rights approach as a prism for analyzing public policies and its projection in a local ordinance. The importance of establishing public policies on disability in municipal governments is evident. The novelty of these approaches and their recent incorporation into the local agenda are noted. It seeks to provide insight into the need to establish public policies with disability approaches. The originality is seen in the little development that exists on the disability approach in public policies and the recent incorporations to local agendas. It was concluded about the need to begin applying an approach to the rights of people with disabilities as a dismemberment of the rights approach. The public policy analyzed allowed us to see the importance that they have in our rights to be able to build a path towards true real equality of opportunities.

The greening of the jurisprudence of the European Court of Human Rights under the principle of non-regression in environmental protection levels

Paulo Henrique Amaral Motta — Tue, 22 Apr 2025 00:00:00 +0000

The present text aims to investigate, through a normative, doctrinal, and jurisprudential study, the systematic application of the principle of non-regression in environmental protection levels within the jurisprudence of the European Court of Human Rights. To this end, the research addresses a doctrinal approach to the principle of non-regression, covering its contemporary critical aspects and current perspectives. The paper further analyzes the environmental jurisprudence of the European Court of Human Rights, concluding with a propositional study. Methodologically, the research predominantly adopted the deductive method, along with bibliographic, jurisprudential, and documentary research techniques. As a result, it highlights the “greening” of European jurisprudence within its respective regional human rights system, under the principle of non-regression in environmental matters, offering proposals aimed at better protection of environmental goods and resources.

The regulation of euthanasia in Belgium: more than twenty-two years of ethical, medical, and legal experience

Oscar Enrique Torres Rodríguez — Mon, 24 Mar 2025 00:00:00 +0000

The latent possibility of a future regulation of euthanasia in Mexico makes ne-cessary to study different regulatory experiences existing in other latitudes. The criminalization of euthanasia in our country constitutes a clear limit to the functionalism as a method for carrying out a functional comparative study in this field. Therefore, this article is a study of foreign law which aims to provide a contextualized and in-depth analysis of the more than twenty years of ethical, medical and legal practice concerning the regulation of euthanasia in Belgium. In addition to a reasoned description of the Belgian Euthanasia Bill of 2002, a comprehensive explanation of the reasons behind the regulatory provisions will be offered. Different details about the practice will be addressed in order to generate a better understanding of the evolution of euthanasia in Belgium. The objective is to contribute to a future judicial or legislative debate in Mexico by analyzing important issues that have been raised during these last 22 years of euthanasia experience.

Electronic media and artificial intelligence in tax management in Mexico

Fabián Ojeda Pérez, María Ángeles Guervós Maíllo, Francisco Preciado Álvarez — Mon, 28 Apr 2025 00:00:00 +0000

In the last decade Mexico has improved its tax collection levels, reaching 14.2 % of GDP by 2023; however, these results are not sufficient to reach the average for Latin America. The objective is to analyze the legal framework of electronic means and electronic invoicing established in Mexico, which have been key in the development and application of artificial intelligence in tax management. It is a documentary legal research, with a doctrinal dogmatic scope and hermeneutic analysis of the Mexican tax laws. The Mexican tax system has a robust legal framework in terms of electronic media and digital tax receipts via the Internet, which allows the Tax Administration Service to move towards digital management, the taxpayer also achieves better communication with the authority in fulfilling his tax obligations. Finally, the Mexican tax system provides in its tax provisions the legal basis that allows the tax authority to develop the technologies necessary to monitor taxpayers’ tax compliance, whose tools also include technologies such as artificial intelligence to carry out fiscal surveillance more accurately and on a massive scale.

Diálogos entre cortes constitucionais e sociedade civil em perspectiva comparada “Brasil e França”: audiências públicas, participação de amici curiae e terceiros interessados

Bruno Dantas, Guilherme Mazarello Nóbrega de Santana — Thu, 06 Mar 2025 00:00:00 +0000

O paradigma dos diálogos constitucionais despontou como tentativa de superação da dualidade “Parlamento versus Cortes”, que povoou o pensamento jurídico das últimas décadas, em crítica à ideia de uma última palavra e de supremacia judicial. Contudo, verifica-se que os estudos insertos nessa temática foram centralizados em debates teoréticos, sem que se buscasse analisar os mecanismos que concretamente permitem o exercício dos diálogos constitucionais entre Cortes, Parlamentos, e sociedade civil. O presente trabalho busca fazer análise dos mecanismos que permitem diálogo entre Cortes Constitucionais e sociedade civil de maneira comparada, em um cotejo de duas Cortes com perfis diversos de exercício da jurisdição: o Supremo Tribunal Federal (STF), do Brasil, e o Conseil Constitutionnel, da França. Para tanto, o trabalho foca nas audiências públicas, participação de amici curiae, e terceiros interessados, de um ponto de análise normativo e jurisprudencial.

The duty to warn on chilean front-of-package food labeling law

Lucia Elena Rizik Mulet — Mon, 28 Apr 2025 00:00:00 +0000

The present research examines the nutritional warning duty established in the regulation of food labeling and marketing in Chile. The working hypothesis is the following: the current configuration of the duty of nutritional warning goes beyond the protection of consumers in their legal relationship with suppliers and distances itself from the category established in Law 19.496, since it has a different purpose, that of guiding consumers in their nutritional choices. The text explains the purpose, content and legal consequences of the obligation to provide nutritional information. It concludes that, in its present form, it is possible to achieve the objectives of public health and the protection of the right to adequate food, so that, in case of violation, the intervention of the health sanction system is preferable to that of the consumer law.

Obstetric violence as a violation of the due diligence standard in the Inter-American Human Rights System

Júlia Silva Gonçalves, Sheila Stolz — Fri, 07 Mar 2025 00:00:00 +0000

Obstetric violence is a practice recognized as a violation of human rights by international documents and organizations. According to the due diligence standard, applied by the Inter-American Human Rights System, states must make available a variety of resources and preventive measures that addresses the structural causes of violence against women. The case of Brítez Arce et al. v. Argentina shed a light on this women’s right violation and the need for states to act with due diligence on the structural causes that keep those practices in force. Therefore, with this study we aim to understand how this case strengthens state’s obligation to provide due diligence and what are the possible gaps in the decision. The authors draw on bibliographic research utilizing intersectionality as a theoretical framework and conclude that, although that decision is important as a leading case in OV, it presents some gaps. Those gaps are the lack of analysis in depth of social markers at play and their repercussions for women’s reproductive rights and social justice, the absence of a mandatory determination for adequate training of health professionals with a gender perspective, the need to promote Public Policy and facilitated access to justice for vulnerable communities.

Legitimacy of criminal sanctions for illicit financing of political parties

Raúl Pariona Arana — Tue, 22 Apr 2025 00:00:00 +0000

Political parties fulfill the fundamental task of consolidating democratic systems. As a result, the financing of political parties has become a necessity in modern states. Internationally, different models of financing are observed: public, private, and mixed. All these systems carry risks of corruption and can undermine the functioning of democratic systems. The objective of this study is to analyze the issue of illegal financing of political parties and the legitimacy of using criminal law to address it. Methodologically, this work is based on an analysis of legislation and specialized literature. The relevance of this research lies in demonstrating the insufficiency of administrative regulation to address improper financing practices and in proposing the intervention of criminal law to penalize this offense. As a result of the investigation, it is concluded that the intervention of criminal law is legitimate due to the inadequacy of administrative regulation, the autonomy of the protected legal interest, and the impossibility of addressing improper financing practices through other criminal offenses.

Tensions around secularism(s): variations in Brazil, Colombia and Mexico 2016-2024

Nayive Castellanos Villamil — Mon, 24 Mar 2025 00:00:00 +0000

The rise of religious activism once again opens the discussion on the scope of secularism; therefore, this text aims to map the tensions around secularism(s) in order to present its main arguments and the way in which these are reorganized in the institutional and social field, based on the Brazilian, Colombian and Mexican cases, recovering some practices during the main electoral environments in the period 2016-2024. Through theoretical survey and comparative analysis, the way in which the variations of the problem itself challenge the debate on the contemporary religious phenomenon is presented, considering its specificities in the historical-social constructions of secularism. Which demonstrates the elasticity of the concept in its practice, beyond the abstract and normative framing that has been given to secular principles.

The constitutional principles of amparo

José Ovalle-Favela — Thu, 24 Apr 2025 00:00:00 +0000

This article analyzes the principles of party initiative (legal and legitimate interest), relativity of judgments, definitiveness and supplementation of the demand provided for in Article 107 of the 1917 Constitution. These principles are examined starting from the Constitution of 1857, based on the Amparo legislation of the 19th to 21st centuries and on the interpretation of the law (jurisprudencia) of the federal courts.