Abstract
The reform of article 1 of the Political Constitution of the Mexican United States in June 2011, has incorporated into the constitutional text the clause of interpretation according to international treaties on human rights as the hermeneutic criteria which domestic judges must adopt in their verdicts. This clause reflects an evolutionary tendency which the Constitutional States are adopting, generating a new understanding of the state function as a whole, especially of the judiciary function. Despite this aperture, which enables the application of this type of hermeneutic techniques, it is possible to see how in some jurisprudential criteria a restraining posture is adopted towards international regulatory contents in human rights, leaving aside the possibility of an interpretative process of harmonization
Highlights
The reform of article 1 of the Political Constitution of the Mexican United States in June 2011, has incorporated into the constitutional text the clause of interpretation according to international treaties on human rights as the hermeneutic criteria which domestic judges must adopt in their verdicts
It is important to note that the context is used by the Court as a parameter to measure how serious was the real and immediate risk, and if as a result of state action in this context or not there was actual harm by failing to establish the general prevention measures to guarantee the personal integrity and human rights of women victims of this context. Likewise they can be used as contextual approach "systematic violence" exercised against women as absolving measure when judging in criminal proceedings for murder; precisely the argument and legal interpretation with a gender perspective requires an argument that goes beyond the application of a rule to a particular case; involves questioning the supposed neutrality of standards, the establishment of an adequate legal framework to solve in the most attached to human rights and equality and non-discrimination; it is taken into account as a criterion of legitimacy of the judicial exercise to justify differential treatment and give reasons why it is necessary to apply certain rules to a given context or facts18
There is no currently interpretation of the law without concretization, as this is its final stage. (GRAU, E., 2007: 19). Which aims this General Formula Advanced Interpretation is thereby contribute it is minimal to the judges use these criteria in their practical reasoning way, allowing them to determine the scope and meaning of one or more legal provisions normative formulations, and hereby apply them appropriately to reach a constitutional outcome and conventionally correct, ensuring its objectivity, legal certainty and predictability and a much broader perspective of the principles and postulating values human rights within this new paradigm of contemporary legal reasoning
Summary
The reform of article 1 of the Political Constitution of the Mexican United States in June 2011, has incorporated into the constitutional text the clause of interpretation according to international treaties on human rights as the hermeneutic criteria which domestic judges must adopt in their verdicts.
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