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Los tratados internacionales en el orden juridico mexicano. (Amparo en revision 120/2002)

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Los tratados internacionales en el orden juridico mexicano. (Amparo en revision 120/2002)

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The case used as the argumentative basis for the discussion was the amparo en revisión 120/2002, assigned to Justice Sergio Salvador Aguirre Anguiano for the preparation of the corresponding draft resolution. The proposal was analyzed in the public plenary sessions held on February 8, 12, and 13, 2007. The discussion among the Justices highlighted arguments on the concepts of Supreme Law and Constitutional Supremacy. They also debated whether, in the event of a conflict between an international treaty and a federal law, the resolution should be based on the hierarchy of these norms or on which would be more applicable according to their specific context.

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Los tratados internacionales en el orden juridico mexicano (Amparo en revisión 120/2002)

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Los tratados internacionales en el orden juridico mexicano (Amparo en revisión 120/2002)

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Thus, the Supreme Court of Justice of the Nation established a new guiding principle regarding the position of international treaties within our national legal system, leaving room for future arguments to continue shaping Mexico’s legal framework.

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The full court established that Article 1 of the Constitution must be read and interpreted in conjunction with the provisions of Article 133 of the Constitution, so that judges give preference to the human rights contained in the Constitution and in international treaties. It concluded that national judges must initially observe the human rights established in the Mexican Constitution and in international treaties to which the Mexican State is a party, as well as the criteria issued by the Judicial Branch of the Federation when interpreting them and resort to the interpretative criteria of the Inter-American Court to evaluate whether there is one that is more favorable and seeks broader protection of the right that is intended to be protected.

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On June 24, 2011, a possible contradiction of legal precedents was reported to the Office of Judicial Certification and Correspondence of the Supreme Court of Justice of the Nation (SCJN). The contradiction was between rulings by the First Collegiate Court in Administrative and Labor Matters of the Eleventh Circuit and the Seventh Collegiate Court in Civil Matters of the First Circuit. The case, registered as number 293/2011, was assigned to the SCJN’s First Chamber under the direction of Justice Arturo Zaldívar Lelo de Larrea to draft the corresponding resolution.

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The Court’s criteria establish that human rights in the Constitution and international treaties form the basis for constitutional review. However, if there is an explicit restriction in the Constitution, the constitutional text prevails. Jurisprudence from the Inter-American Court of Human Rights is binding on Mexican judges if it is more favorable to the individual.