Omar Bennett
The Mexican Constitution of 1917, still in force almost a century later, comprises 137 articles that define citizenship, mandate land reform, establish the government, and enumerate basic human rights for all Mexicans. The constitution also establishes social welfare and outlines a comprehensive system of social security, including public health and welfare programs. It guarantees workers' rights, such as the right to organize and strike, a minimum wage, equal pay for equal work, and protection from unjustifiable discharge. Additionally, it addresses labor contracts between Mexican citizens and foreign employers, repatriation expenses, and the rights of indigenous communities.
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What You'll Learn
Minimum wage and labour rights
The Mexican Constitution of 1917 introduced an advanced labour code that significantly transformed workers' rights in the country. The constitution was created following the Mexican Revolution and was overseen by Venustiano Carranza, who was elected president from 1917 to 1920.
Article 123 of the constitution is a key component of this labour code. It established an eight-hour workday, a six-day workweek, and a minimum wage. It also recognised the right of labour unions to strike and bargain collectively, and set out regulations to benefit the health and safety of workers. The minimum wage was to be set by regional committees, composed of representatives of workers, employers, and the government, and would be subject to approval by a national committee, organised in the same manner. The minimum wage was to be sufficient to satisfy the normal material, social, and cultural needs of the head of a family and to provide for the compulsory education of their children.
The constitution also made provisions for the rights of women and children. Women were entitled to rest during the three months prior to childbirth and the month following it, receiving their full wages and retaining their employment and the rights acquired under their labour contract. During the nursing period, they were to have two special rest periods of half an hour each day.
The labour code also covered overtime, which could not exceed three hours a day or three consecutive days. Persons under sixteen and women were not permitted to work overtime. Employers were also obliged to provide comfortable and hygienic living quarters for workers in agricultural, industrial, or mining enterprises, for which they could collect rent not exceeding 0.5% monthly of the assessed valuation of the property.
The constitution also made provisions for foreign workers, stating that labour contracts made between a Mexican and a foreign employer must be notarised by a competent municipal authority and countersigned by the consul of the nation to which the worker intends to go. It also specified that the expenses of repatriation shall be borne by the contracting employer.
The Mexican Constitution of 1917 was the first in the country to legislate socio-economic rights for the workforce and was the first in history to include workers' rights in its constitution.
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Housing
The Mexican Constitution of 1917, still in force today, comprises 137 articles that define citizenship, organise a government, mandate land reform, and enumerate basic human rights for all Mexicans. Article 123, the "Magna Carta of labour and social welfare", guarantees minimum wages, the right to organise and strike, and social status for labour. It also outlines a comprehensive system of social security, including public health and welfare programs.
The Mexican Social Security Law and Labour Law stem directly from Article 123 of the Constitution. The institution in charge of social security in Mexico is the Mexican Social Security Institute (IMSS). IMSS's mission is to provide medical attention and social security to all Mexican workers. The law states that IMSS is a decentralised public body with its legal personality and that it establishes its regulations to achieve its goals. However, these regulations must align with the Federal Social Security Law and the Mexican Constitution.
The National Housing Fund Institute (INFONAVIT) is responsible for managing and overseeing social housing, which is part of social security in Mexico. INFONAVIT's mission is to guarantee every Mexican worker decent housing. It achieves this by creating a fund with contributions made by employers to their workers. INFONAVIT uses this money to provide mortgage loans to workers to ensure they can purchase a decent house.
The Constitution of 1917 also mandated that lands taken from the peasantry during the Porfiriato had to be returned, even if they did not have written titles. The government could also take all land not used "appropriately" and repurpose it for the public good. It outlines alternative land-reform and agrarian programs, giving the government the right to confiscate land from wealthy landowners. In work centres with a population exceeding 200 inhabitants, a tract of land of not less than five thousand square meters must be reserved for the establishment of public markets, the erection of buildings for municipal services, and recreation centres.
The Constitution also provides for cooperative societies established for the construction of low-cost and hygienic houses to be purchased on instalments by workers. Workers will be allotted low-cost housing for rent or sale, in accordance with previously approved programs.
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Education
The Mexican Constitution of 1917, still in force today, has 137 articles that define citizenship, organise a government, mandate land reform, and outline basic human rights for all Mexicans. Article 3 of the Constitution of 1917 established free, obligatory, and secular public education, free from clerical supervision, and secularised the Mexican state. It widened the educational base to include the availability of primary school for the Mexican masses. This article offered a vast plan for secular, free, compulsory public education.
Article 123, the Magna Carta of labour and social welfare, also contributed to the social security system by guaranteeing minimum wages and the right to organise and strike. It also gave social status to labour and destroyed the concept of it as an economic commodity to be bought at the lowest rates to maximise profits. Additionally, it outlined a comprehensive system of social security, including public health and welfare programs.
The Mexican Constitution of 1917 also recognises the multicultural nature of the Mexican nation, with its indigenous peoples described as descendants of those inhabiting the country before colonisation. Indigenous people's right to self-determination is subjected to the Constitution to guarantee national unity. Constitutions and laws must recognise indigenous peoples and communities, taking into account established general principles.
The Constitution also establishes the National Council for the Evaluation of the Social Development Policy, an autonomous entity with legal personality. The Councilors are appointed by two-thirds of the present members of the Chamber of Representatives, and the President may object to the appointment within ten business days. The President of the National Council is appointed in the same manner and is in office for five years, after which they can be re-elected for one more term.
Furthermore, the Constitution guarantees personal freedoms and civil liberties, including the right to privacy and protection of personal data. It also establishes economic and political principles, such as the right to decent housing as part of social security.
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Healthcare
The Mexican Constitution of 1917, still in force today, has 137 articles that define citizenship, organise a government, mandate land reform, and outline basic human rights for all Mexicans. Article 123, also known as the Magna Carta of labour and social welfare, guarantees minimum wages, the right to organise and strike, and social status for labour. It also outlines a comprehensive system of social security, including public health and welfare programs.
The Mexican Social Security Law and Labour Law stem directly from Article 123. Article 5 of the Mexican Social Security Law discusses the institution regulating social security in Mexico, which is the Mexican Social Security Institute (IMSS). IMSS's mission is to provide medical attention and social security to all Mexican workers. It is a decentralised public organism with its legal personality and establishes its regulations to achieve its goals. These regulations must align with the Federal Social Security Law and the Mexican Constitution. For IMSS to operate correctly, it requires economic support from the government and payments made by all registered employers and their workers.
The Constitution of 1917 also establishes economic and political principles for the country. It completely overturned the widely held belief that the Mexican government should take only a limited, passive role. Instead, it argued that the national government had an obligation to take an active role in promoting the social, economic, and cultural well-being of its citizens. This included guaranteeing workers' rights, limiting the rights of the Roman Catholic Church, and widening the educational base to include availability of primary school for the Mexican masses.
The Constitution also includes provisions for the social development sector. The State shall establish a National Council for the Evaluation of the Social Development Policy, which shall be an autonomous entity with legal personality. The counselors shall have at least ten years of experience in the social development sector and must not be affiliated with any political party or have been a candidate for public office.
In addition to the above, the Constitution also includes provisions for privacy and data protection. No person shall be disturbed in their private affairs, family, papers, properties, or invaded at home without a written order from a competent authority, duly explaining the legal cause of the proceeding. All people have the right to enjoy protection of their personal data and to access, correct, and cancel such data.
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Equality
The Mexican Constitution of 1917, still in force almost 100 years later, has 137 articles that define citizenship, organise a government, mandate land reform, and enumerate basic human rights for all Mexicans. It establishes the government, public service, and social welfare.
The Constitution outlines the economic and political principles for the country, guaranteeing personal freedoms and civil liberties. It also insists on a complete separation of Church and State, limiting the rights of the Roman Catholic Church.
Article 3 of the Constitution established free, obligatory, and secular public education, free from clerical supervision. It also widened the educational base to include primary school for the masses.
Article 14 reaffirms the sanctity of private property and contracts.
Article 27 mandated that lands taken from the peasantry during the Porfiriato had to be returned, even without written titles. It also outlined alternative land reform and agrarian programs, asserting national ownership of subsoil resources.
Article 123, the Magna Carta of labour and social welfare, guaranteed minimum wages, equal pay for equal work, and the right to organise and strike. It also gave labour social status and outlined a comprehensive system of social security, including public health and welfare programs.
The Mexican Social Security Law and Labor Law stem directly from Article 123. The Mexican Social Security Institute (IMSS) is in charge of providing medical attention and social security to all Mexican workers. Every worker in Mexico has a constitutional right to decent housing, which is managed and overseen by the National Housing Fund Institute (INFONAVIT).
The Constitution also recognises the multicultural nature of the Mexican nation, based on its indigenous peoples. Indigenous people's right to self-determination is guaranteed, and states' constitutions and laws must recognise indigenous peoples and communities.
The Constitution also establishes the right to privacy, protection of personal data, and access to, correction, and cancellation of such data.
In terms of labour contracts, the Constitution stipulates that contracts made between a Mexican and a foreign employer must be notarized by a competent municipal authority and countersigned by the consul of the nation to which the worker intends to go.
The Constitution also outlines workers' rights, including the right to choose between reinstatement or indemnity in the event of unjustifiable discharge, the right to another position or indemnity in the case of position abolishment, and the right to justifiable grounds for suspension or discharge.
Overall, the Mexican Constitution of 1917 provides a comprehensive framework for social security and equality, guaranteeing basic human rights, civil liberties, and economic and social welfare for all Mexicans.
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Frequently asked questions
The Constitution of 1917 is the fundamental law of the Mexican federal republic. It has 137 articles that define citizenship, organise a government, mandate land reform, and enumerate basic human rights for all Mexicans.
Article 123 of the Mexican Constitution of 1917, located in the Sixth Title, "On Labor & Social Security," outlines a comprehensive system of social security, including public health and welfare programs. It guarantees minimum wages, the right to organise and strike, and gives social status to labour. It also established an 8-hour workday, a 6-day workweek, and equal pay for equal work.
The Mexican Social Security Institute, commonly known as IMSS (Instituto Mexicano del Seguro Social in Spanish), is the institution in charge of providing medical attention and social security to all Mexican workers. It is a decentralised public organism that establishes its own regulations while aligning with the Federal Social Security Law and the Mexican Constitution. The IMSS is funded by the government and payments made by registered employers and their workers.
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