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The Mexican Judicial Reform: Is the Rule of Law Compromised?

This event was supported by IIRESODH, WOLA, Fundación para la Justicia, and La Justicia que Queremos.

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On November 14, 2024, the Academy on Human Rights and International Humanitarian Law at American University Washington College of Law hosted a thought-provoking event on the recent constitutional reform in Mexico spearheaded by former President López Obrador. This reform, proposing the election of judges, has sparked widespread protests and raised serious concerns about judicial independence, the politicization of justice, and the creation of a precarious judicial system with disorganized structures and ambiguous selection procedures.

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The panel brought together distinguished experts to examine the potential impact of the reform on the rule of law and explore alternatives to strengthen judicial impartiality. Additionally, panelists discussed whether the Mexican Supreme Court has the capacity to review and mitigate the reform's effects, even with congressional approval.

Key Insights from the Panelists:

 

  • Víctor Rodríguez Rescia, President of the International Institute for Social Responsibility and Human Rights (IIRESODH), highlighted the global implications of undermining judicial independence, emphasizing that an elected judiciary risks compromising impartiality in favor of political interests.
  • María Emilia Molina, President of the Mexican Association of Female Judges, raised concerns about the reform's potential to disproportionately affect marginalized groups seeking justice, as an elected judiciary could lead to biases in decision-making.
  • Laurence Pantin, Coordinator of Transparency in Justice at Mexico Evalúa, underscored the importance of transparency in judicial processes, noting that the proposed reform could undermine public trust in Mexico's legal system.
  • María Santoyo Albores, a law student at the Ibero-American University, provided a perspective on the reform's impact on future legal practitioners, stressing the need for a stable and predictable judicial framework.
  • Luis Tapia Olivares, a Mexican lawyer and AUWCL graduate, advocated for constitutional safeguards to preserve judicial independence, urging collaboration between civil society and international organizations to protect the integrity of Mexico's judicial system.

Key Discussion Points:

 

  • The risks of politicizing the judiciary and weakening its ability to uphold the rule of law.
  • The necessity for clear and organized judicial selection procedures to maintain impartiality.
  • Strategies for the Mexican Supreme Court to mitigate the reform’s impact and uphold democratic principles.
  • The broader implications for human rights and justice in Mexico.

Acknowledgments:

 

The Academy expressed gratitude to the event’s sponsors: IIRESODH, WOLA, the Justice Foundation, and Justice We Want, for their invaluable support in facilitating this important dialogue.

This event reinforced the Academy’s commitment to fostering critical discussions on pressing human rights issues and exploring innovative solutions to safeguard justice and the rule of law.