Mexican Legal Framework Research Articles

What security and for whom? The social construction of exclusion of migrants from citizen security and health security in Mexico

AbstractThis article explores the social construction of international migrants as a threat to public health and public safety in Mexico, specifically in the case of the Metropolitan Area of Monterrey, since relations within this new sense of “otherness” in this city cause issues for public health and citizen security as traditionally conceived. An in‐depth review of the secondary literature on citizen security and health security related to migration and of the Mexican legal framework was conducted, and public information requests were made to Mexican public agencies. If citizen and health security are complementary paradigms, migrants seem excluded from their application. Far from being considered holders of rights, they are primarily restricted in their exercise of rights because they are not “citizens.” These “newcomers” are perceived as “pathogenic agents” and “criminal illegal immigrants” rather than as deserving of these rights by the authorities, the media, and the majority population of Monterrey. These dynamics are likely to keep them not only on the fringes of “the city” but also in a very vulnerable position to fall victim to of all kinds of exploitation, resulting in a form of “management” of human mobility based on exclusion.

Big Tech Platforms, Democracy and the Law: Global Problems, Legal Perspectives and the Mexican Experience

How do Big Tech platforms affect the exercise of fundamental rights? What can the States do, in the context of their sovereignty, to moderate these actors’ powers? What has been explored in the context of Mexico? This article discusses how Big Tech platforms, such as Facebook and Google, may impact our collective lives and democracy. It highlights the legal implications of access to information and freedom of expression. This research provides an overall legal framework on this issue, to later place in context the Mexican draft bill introduced in 2021 to regulate platforms’ content moderation practices, analyzing its flaws and areas of improvement, and suggesting specific elements for further legal discussion to prevent abuse of power from these companies within the Latin American and Mexican context. A comparative legal methodology is used, resorting to elements of American and European Law, to later discuss the Mexican legal framework.

Multidimensional Child Poverty from the Child Rights-Based Approach: A Latent Class Analysis to Estimating Child Poverty Groups in Mexico.

The study aims at estimating multidimensional poverty groups among children under five years of age in Mexico. Our analysis is based upon the framework on the Rights of the Child. For this purpose, we focus on identifying different types of child deprivation and the various risk factors that determine child poverty in Mexico, such as the type of locality, ethnicity and the region of Mexico where children live, among others. The study is based on the theoretical notion that children must realize their specific rights, established in the Mexican legal framework, in order to achieve an adequate standard of living and guarantee the well-being and development of children. For this reason, child development has been included as one of the analytical dimensions of poverty, because this has been often discarded in child poverty studies. We support the idea that any violation of social rights means deprivation. The method applied in this research is a conditional latent class analysis and we use covariates which have helped for better predicting the average probabilities of experiencing deprivations in each latent class. Thus, the main objective of the study is to identify groups of children experiencing extreme, moderate and no poverty. The results show that children under five years in Mexico, belonging to the poorest stratum have represented about twenty percent; however, fifty percent of them have experienced moderate poverty and only thirty percent are non-poor. We conclude that universal and targeted policies should be implemented to eradicate multidimensional child poverty.

Mexico (Non-)Adequacy to European Standards on Personal Data Protection in the Context of Employment

This article analyses the main standards and regulations put in place by the European Union (EU) and the Council of Europe with respect to the privacy and personal data protection of workers. It demonstrates that there is a current tendency toward the establishment of specific rules aimed at strengthening employees’ rights vis-à-vis employers’ interests. It also shows that there is a preventive rather than a reactive approach in the European model. However, this article argues that, albeit strongly influenced by Europe, the Mexican legal framework on personal data protection does not follow this trend, due to legislative asymmetries between the public and private sector, as well as the lack of specific regulation in this field. Chile, Privacy, Constitutional Law, Personal Data, Private Communications, Informational Self-Determination

Health-associated infections and COVID-19 in Mexico: safety and health rules at work or job biosecurity?

The pandemic caused by COVID-19 has grown exponentially from the first reports from China in December 2019 to November 2020. Cases have been reported in more than 180 countries, totaling more than 61.8 million cases of COVID-19 throughout the world and more than 1.4 million deaths. Health personnel, being exposed to the care of COVID-19 patients with high viral load, have the risk of developing infections associated with health care, their high morbidity and mortality being of multifactorial origin. Given that the term Biosafety and Occupational Biosafety has been used internationally, this term does not have wide acceptance in the scientific community and in the case of Mexico it is not referred to and it is not defined in the Mexican legal framework or current regulations. Far from being handled and understood as an isolated concept, this term should be referred to as multiple concepts, being recommended in the workplace in Mexico not to use it, suggesting referring to the Safety and Health Regulations at Work, whose mandatory application will allow reducing healthcare-associated infections.

Migrations and refuge LGBT+: sexual democracy in times of crisis

This article reflects on the invisibility of migration and the refuge of LGBT+ people, a fact that causes a series of risks and violence against those bodies, making them the most vulnerable in the migration process. Thus, based on the concepts of precariousness and “precarity” by Judith Butler, necropolitics by Achulle Mbembe and sexual democracy by Eric Fassin, this article seeks to reflect on how the invisibility and absence of public policies for LGBT+ migrants and refugees intensify their vulnerability in times of crisis, such as the COVID-19 pandemic. Therefore, with a critical view this text describes the trajectory of migration studies, approaching the invisibility of dissident heteronormativity and cisnormativity or cissexism, the international and the Mexican legal framework on the protection of transnational migrants and LGBT+ refugees, pointing out how riskier and most vulnerable the scenery of global health crisis are for LGBT+ migrants.

El impulso de las energías renovables en la lucha contra el cambio climático a través de los certificados ambientales en el sector eléctrico mexicano

La dependencia mundial de los combustibles fósiles en la generación de energía eléctrica contribuye al aumento de emisiones de gases de efecto invernade¬ro (GEI) y, en consecuencia, al incremento de los impactos del cambio climático, por lo que es trascendental la implementación de medidas hacia una transición energética global que no dependa de los combustibles fósiles y que sea capaz de satisfacer las nece¬sidades energéticas que demanda el actual crecimiento económico y demográfico; en este sentido, la perspectiva normativa en el sector eléctrico mexicano se enfoca en los instrumentos económicos, debido a que las políticas energéticas mundiales sobre fuen¬tes renovables son evaluadas en el contexto de diferentes estructuras de mercado, de ahí la importancia del análisis de su im¬plementación, especialmente de los nuevos mercados basados en el comercio de los certificados ambientales, denominados en el ordenamiento jurídico mexicano como Certificados de Energías Limpias (CELs), los cuales son objeto de estudio en el pre¬sente artículo, mediante el análisis de su implementación para el impulso de las energías renovables.

The legal regulation of the H2 as a strategy for public policy in Mexico from the consolidation of the National Council of the hydrogen

Abstract There are few efforts have been made to translate the theoretical contributions of hydrogen technology in to public policy schemes. This problem is reflected in the lack of an effective public policies in Mexico, which, despite the efforts to be placed on the boom of the hydrogen economy, that continues to legal bias and little social recognition. The main objective of the research was to analyze the Mexican legal framework for H2 regulation and Mexican public policies that consider H2 as an energy source. Thus far, the H2 has not been incorporated as an alternative energy source, because does not exist Regulation of storage and also there is a lack of regulations to regulate H2 in final applications, as is the case of fuel cell and it is observed that there is no regulation for safety and properties relevant to H2. Is appropriate to propose Public policy strategy with the creation of the National Hydrogen Council.

Regulatory Challenges for the Use of Reclaimed Water in Mexico: A Case Study in Baja California

In Mexico, water planning is based on the National Water Law, the core of which is Integrated Water Resources Management (IWRM). The municipality provides wastewater treatment and reuse, and an integrated approach is mandatory for these processes. However, a traditional (non-integrated) management regime has prevailed in water legislation, resulting in pollution and the inefficient use of water. The objectives of this research were to analyze the Mexican legal framework and international guidelines in the use of reclaimed water for agricultural irrigation and environmental discharges, and to evaluate challenges facing reclaimed water in the Maneadero Valley, Baja California, as a case study. Results show that wastewater reuse was implemented in the absence of integrative planning and assessment of the potential impacts on the environment and public health. In addition, gaps between decisions linked to the legal attributes of the relevant institutions were identified. Defined roles across the three levels of authority, transparent and congruent funding, coherent water-quality requirements and the strengthening of stakeholder participation are needed to adopt integrated water resource management for reclaimed water use. The alignment of common goals on public health, environmental protection and agricultural development between authorities and the different sectors is crucial to bridge these challenges.

Experiences and perceptions of people who use heroin: public health lessons from Hermosillo, Mexico

Heroin consumption in Mexico is low compared with its use in the United States; however, this practice is more common in the northern region of Mexico than in the rest of the country, being documented only in cities that are located exactly at the Mexico-U.S. border. The Mexican legal framework is focused on rehabilitation, but its effects on the lives of users are unknown. The objective of this research was to analyze how the regulatory Mexican framework is conceptualized and practiced in the daily life of a group of heroin users from a northern city, where consumption has recently spread and has not been documented. We collected the official registered data from users and conducted a qualitative study in Hermosillo, Sonora. A research on the legal framework was conducted, as well as on the city's context. Data on heroin users can be found at HIV health center, as there is no other source of such records. The Mexican legal framework aims at rehabilitation and at avoiding criminalization; however, the daily life of users drives them towards crime circuits: people commit crimes to stay in prison, where they can control the addiction and get heroin, in case of abstinence. The Mexican State has no empirical information to improve its programs and laws related to the use of heroin. The daily practices of users become not only epidemiological but social risks to the community and to the users themselves. Also, the lack of access due to stigmatization, criminalization and violence, increases the inequities, creating a cycle that reproduces poverty and suffering as part of a social structure. Therefore, changes are needed in the justice system.

The right to adequate housing. Consequences of the deficiency of the Mexican legal framework. Case: Fractionation Yacatitas, Yuriria, Guanajuato, Mexico

Having a home is not just a moral pretension. In Mexico, since the 2011 reforms in the field of human rights, enjoying adequate housing has become a legal obligation, but is it really guaranteed that homes have the minimum parameters to be considered adequate? Undoubtedly, infrastructure, habitability, affordability, location and the environment are some of the parameters of housing that are not always met. The purpose of this text is to contribute to the debate on the definition and scope of the right to adequate housing; as well as studying the perception of the inhabitants of the Yacatitas subdivision in Yuriria, Guanajuato, where the deficiency of the legal framework generated inadequate housing conditions, provoking the activation of legal actions to appeal the right to adequate housing in accordance with the international treaties.

Organs to the Rescue

Introduction Cadaveric donation in Mexico is made by consent of the nuclear family[1]. Their refusal leads to non-concretized donation (40.4%).[2] One way to address ignorance about health issues is providing information through a comic[3][4][5][6][7][8][9][10][11][12]. We report the preliminary study of the effectiveness of a comic developed to step up solid organ and vascularized composite allografts (VCA) donation in Mexican population. Methods An online search of comics concerning transplants was performed, we found in India[13], Brazil[14], Dominican Republic[15], Spain[16] and Great Britain[17]. Remarkably, we didn't find any previous comic addressing VCA donation. First stage: 2,500 surveys were applied in Mexico City in order to assess main obstacles that hinder donation. Questions included knowledge about VCA, donation process and its administrative procedures, religion, use of the donor card, among others. Second stage: Script development and illustration of the comic Third stage: The comic was given to 48 students from elementary school. The same 13 item questionnaire was instructed to be answered before and one week after reading the comic. Results were evaluated with Fisher’s exact test and a significant value of p < 0.05. Results First stage: Main concerns regarding donation were religious beliefs, avoidance of the topic of death among family, lack of knowledge about VCA and on how to validate will to donate, fear of possible traffic of organs and/or disfigurement of body after procurement. Second stage: We designed a comic where these obstacles are answered based in Mexican legal framework. The comic is told in "counterpoint", meaning that two stories (realistic fiction and fanciful) are told simultaneously interrupting or resuming the narrative. Donor is the narrator. Organs, family and donation coordinator share the limelight. Organs want to continue working and discovers that their only chance to survive is by donation.Third stage: Average age was of 11.27 years (10-13 years old) and 56.25% were female. The knowledge in 10 items of the questionnaire improved after the reading with a p ranging from 0.035 - <0.001. The other 3 items rise too but without statistical significance. Conclusions Due to the results obtained, this comic is proposed as an educational tool with ability to influence positively the authorization of donation in general population as well as being informative to potential recipients. The kids gave positive feedback claiming they liked the history and that they learned a lot. Fundación Chespirito I.A.P. Fundación Trasplante y Vida I.A.P.

From adoption to implementation? An academic perspective on Sustainable Fisheries Management in a developing country

Despite the fact that Sustainable Fisheries Management (SFM) has long been proposed internationally, it remains controversial. Practical and successful applications are scarce, especially in developing countries with a recent history of massive overfishing, such as Mexico. Although SFM has been adopted at the highest level of the Mexican legal framework during the last two decades, its successful implementation still faces a series of complex challenges. At present, important changes in the Mexican political regime are at a breaking point, motivating the academic discussion about the national implications of adopting SFM approaches. Through the analysis of a series of deep interviews of key actors, combined with published material, the article illustrates how the fast-track adoption of SFM approaches has fared in a national fisheries context, the current situation being largely dysfunctional with regard to the challenges of SFM. A complicated mixture between unbeaten management and academic vestiges caused the present circumstances of an enhanced but limited fisheries system. The article proposes academic initiatives required to improve the implementation of SFM in Mexico based on an enhanced understanding of domestic historic conditions and challenges.

Derechos de agua y gestión por cuencas en México. El caso del río Sonora

This article analyzes the role of water rights in watershed management. The watershed is seen as a common pool resource where State intervention and the register of water rights might be used to constrain water tapping and avoid overexploitation. For this purpose, it reviews the ideas of watershed management and revises the Mexican legal framework for water rights. Then, it analyses a database of water rights in the Sonora River. At the end, findings are presented such as the disagreement between the principles devised by the legal framework and the practical implementation of water rights and that those are not used to undertake watershed management.

Legal framework for the offshore operations of the Mexican Oil Industry from a systemic environmental perspective

In general, the assessment of the environmental impact of fossil oil exploration and exploitation is related to pollution, particularly to oil spills. However, this is a limited view of the implications of the problem because there are other deleterious effects that are assumed to be assimilated by the resilient capacity of the marine environment. However, some criteria to evaluate and cope with these additional effects have emerged and should be incorporated into the legislation of such activities. This rationale is applied to oil exploration and exploitation in the southwest of the Gulf of Mexico. The aim is to contribute to the development of a regional framework for the sustainable management of marine water natural resources. An analysis of 10 criteria and 38 attributes of sustainability and impacts caused by this activity were applied here to 26 Mexican legislative instruments. Cluster and multivariate analyses were performed to map the interrelations among legal instruments. The results show a failure of 51–92% to control marine impacts from marine oil drilling and exploitation. Attributes that should be reinforced in the already existing Mexican legal framework include seismic surveys, explosion control, oil pipe networks, oil rig deployment, dredging, channel opening, and ballast water discharge. Moreover, two of these key legal Instruments regulating oil offshore environmental impacts need to be improved: Norm 149-SEMARNAT-2006 and the Environmental Impact Assessment regional guidelines.

La retención en el derecho tributario: obligación ex lege de los patrones

Número 100Enero - Abril 2001Nueva Serie Año XXXIVISSN 0041 8633 OBLIGACIÓN EX LEGE DE LOS PATRONES Gabriela RÍOS GRANADOS * Uno de los temas centrales del derecho tributario es el relativo a la naturaleza jurídica de la retención. En este artículo se discute este tópico, con el propósito de aclarar cuáles son los efectos de la obligación de retener, de su incumplimiento y las responsabilidades derivadas de este último. En particular, se estudia la obligación que los patrones tienen de retener el impuesto sobre la renta de sus trabajadores. El artículo inicia con un estudio de los orígenes de la retención; continúa con un análisis del concepto mencionado, identificando sus distintos elementos, y posteriormente revisa el marco jurídico mexicano relativo a la retención. La autora concluye afirmando que la retención es un trabajo realizado por el patrón que debiera ser retribuido y que, como consecuencia de ellos, la gestión de las contribuciones se agilizaría y se promovería no como una obligación del patrón sino como un servicio que éste presta a favor del Estado., *Investigadora del Instituto de Investigaciones Jurídicas de la UNAM. * Nota: Debido que la traducción es automática podrá ser inexacta o contener errores.