Mexico's Constitution: General Or Specific?

Mexico has had several constitutions since gaining independence in 1821. The current constitution, formally the Political Constitution of the United Mexican States, was drafted in 1917 during the Mexican Revolution and is still in force today. It was amended several times, most recently in 2015. The constitution defines citizenship, organizes a government, mandates land reform, and enumerates basic human rights for all Mexicans. It also includes specific provisions for indigenous peoples' right to self-governance and the protection of their rights and cultures.

Explore related products

Constitution of the State of New Mexico

$12.27 $10.83

Constitucion politica de los Estados Unidos Mexicanos / Political Constitution of the Mexicans United States (Spanish Edition)

$6.95 $16

Constitution of the State of New Mexico (Classic Reprint)

$32.27

The Constitution of the Republic of Mexico, and of the State of Coahuila and Texas: Containing Also an Abridgement of the Laws of the General and ... and Documents, Not Before Published, Part

$20.27 $37.97

POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES

$2 $6.5

Adventures in Mexico and the Rocky Mountains

$8.95 $10.5

The Constitution of 1917

Articles 3, 27, and 123 displayed profound changes in Mexican political philosophy that would help frame the political and social backdrop for the rest of the century. Article 3 established the bases for a mandatory and secular education. Article 27 led the foundation for land reform in Mexico, asserting state sovereignty over the nation's subsoil rights, and outlining alternative land reform and agrarian programs. Article 123, often referred to as the Magna Carta of labour and social welfare, guaranteed minimum wages, the right to organise and strike, and outlined a comprehensive system of social security.

Anticlerical restrictions

The current Mexican Constitution, formally the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro, in the State of Querétaro, Mexico, by a constituent convention during the Mexican Revolution. It was approved by the Constituent Congress on 5 February 1917 and later amended several times. The Constitution of 1917 is the successor to the Constitution of 1857, which already significantly curtailed the role of religious institutions.

The Constitution of 1917 included several anticlerical restrictions, which were added to by President Plutarco Elías Calles in the 1920s. Calles was an atheist and his program has been characterised as seeking to eradicate religion in Mexico. The anticlerical restrictions in the 1917 Constitution included:

• Article 3: Required that education, in both public and private schools, be completely secular and free of any religious instruction. It prohibited religions from participating in education, essentially outlawing Catholic schools or even religious education in private schools. Article 3 also prohibited ministers or religious groups from aiding the poor, engaging in scientific research, and spreading their teachings.
• Article 5: Restricted the existence of religious orders.
• Article 24: Restricted church services outside of church buildings.
• Article 27: Empowered the State over fundamental aspects of property ownership, which resulted in the expropriation and distribution of lands, including church lands.
• Article 130: Prevented the recognition of the Church as a legal entity, denied clergy the exercise of political rights, and prevented the Church from participating in education.

The anticlerical laws enacted by Calles, also known as the Calles Law or the Law of Religious Associations and Public Worship, followed the new constitution of 1917 and included measures such as:

• Requiring priests to register with the government.
• Prohibiting priests from wearing religious attire in public.
• Prohibiting the Church from owning property.
• Prohibiting priests and religious leaders from participating in politics.
• Outlawing religious education.
• Restricting the number of priests allowed in the country.

The Calles Law provided specific penalties for priests and individuals who violated the provisions of the 1917 Constitution. For instance, wearing clerical garb in public, outside church buildings, resulted in a fine of 500 pesos (then the equivalent of US$250). Priests who criticised the government could be imprisoned for five years.

The anticlerical laws and the strict enforcement of the secularist articles of the 1917 Constitution triggered a ten-year-long religious conflict known as the Cristero War, which lasted from 1926 to 1929 and resulted in the deaths of thousands of people on both sides. It was not until 1992, once Mexico was completely secularised, that most of the anti-clerical provisions were removed from the Mexican Constitution.

Human rights

The current Constitution of Mexico, formally the Political Constitution of the United Mexican States, was drafted in 1917 and has been amended several times since. The constitution is divided into "Titles", which are a series of articles related to the same overall theme.

The constitution is the first such document in the world to set out social rights, serving as a model for the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918.

The constitution establishes that every individual in Mexico has the rights that the constitution gives. These rights cannot be denied or suspended. Slavery is illegal in Mexico, and any slaves from abroad who enter the national territory will be freed and given full protection under the law. All types of discrimination, whether based on ethnic origin, national origin, gender, age, religion, opinions, sexual preferences, or civil state, are forbidden.

The constitution also guarantees the right to culture, which means that state education shall cover national problems, defend political independence, assure economic independence, and preserve and develop Mexican culture.

Indigenous Rights

The constitution grants indigenous peoples the right to self-governance. They can apply their own legal systems to regulate and solve their internal conflicts, subject to the general principles of the constitution, respecting fundamental rights, human rights, and the dignity and safety of women.

Civil Trials

In civil trials, the final judgment must agree with the law or its legal interpretation. In the absence of the appropriate law, the sentence must be based on the general principles of law.

Extradition

The constitution disallows international treaties for extradition when the person to be extradited is politically persecuted or accused of an ordinary crime while having the status of a slave in the country where the crime was committed. It also prohibits any agreements or treaties that alter the human rights established by the constitution and international treaties signed by Mexico.

Right to Privacy

The constitution guarantees the right to privacy, stating that no person shall be disturbed in their private affairs, family, papers, properties, or home without a written order from a competent authority duly explaining the legal cause of the proceeding.

Explore related products

Constitution and by-Laws of the Historical Society of New Mexico (Classic Reprint)

$18.57

THE NEW MEXICO CONSTITUTION BIBLE: Beginner’s Guide To The Heart of New Mexico Law

$11.8

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Mexican Constitution Of 1917 Compared With The Constitution Of 1857

$30.95

Constitutive Acts of the Mexican Federation, 21 of January 1824. Also Federal Constitution of the United Mexican States, October 4, 1824

$8.95 $15.75

The Constitution of Mexico: A Contextual Analysis (Constitutional Systems of the World)

$37.95 $37.95

Indigenous rights

The current Mexican Constitution, formally the Political Constitution of the United Mexican States, was drafted in 1917 and has been amended several times. It is the successor to the Constitution of 1857 and earlier Mexican constitutions. The Constitution of 1917 is notable for being the first such document in the world to set out social rights.

The Constitution of 1917, with Amendments through 2015, includes several provisions relating to the rights of indigenous peoples. Firstly, it recognises the right of indigenous peoples to self-determination and autonomy. This includes the right to decide their internal forms of coexistence and their social, economic, political, and cultural organisation. Indigenous communities can elect their authorities or representatives in accordance with their traditions, guaranteeing the right to vote for indigenous men and women.

The Constitution also grants indigenous peoples preferential access to the natural resources in the areas they inhabit, except for strategic resources defined by the Constitution. Indigenous communities may form partnerships to attain these goals under the terms established by the Law. Additionally, the Constitution recognises communal landholdings as 'social property' and grants indigenous communities the right to maintain and improve their environment and lands.

Indigenous peoples have the right to be assisted by interpreters and counsels who are familiar with their language and culture in all trials and proceedings. The constitutions and laws of the States and the Federal District shall establish the elements of self-determination and autonomy that express the conditions and aspirations of indigenous peoples.

In 2001, a major constitutional reform occurred in Mexico regarding the recognition of the environmental rights of indigenous peoples and their communities. This reform was influenced by the 1994 EZLN armed indigenous uprising in the southern Mexican state of Chiapas and the rise of the right-wing PAN party. The San Andrés Accords, agreed upon in 1996 after two years of negotiations between the EZLN and the Federal Government, included rules for recognising the rights and cultures of indigenous peoples.

Labour rights

The current Constitution of Mexico, formally the Political Constitution of the United Mexican States, was drafted in 1917 and has been amended several times. It is the first constitution in the world to set out social rights.

The Constitution of Mexico includes several provisions that protect labour rights. Article 123, entitled "Labour and Social Welfare", expressly recognises and protects the basic inalienable rights of employees. This article was the first constitutional recognition of labour rights in world history.

The Mexican Constitution prioritises the employee's right to work and earn a living as a fundamental human right. It also provides protections for organised labour, including the right to organise, bargain collectively, and strike. The Constitution guarantees job stability, meaning that an employee cannot be laid off without cause.

The Constitution also addresses discrimination and retaliation, ensuring that employees work in an environment free from discriminatory practices and unfair treatment. The Federal Law to Prevent and Eliminate Discrimination provides a broader context for discrimination issues outside the workplace, reinforcing the principles laid out in the Labour Law and Constitution. The National Council to Prevent Discrimination (CONAPRED) is responsible for enforcing non-discrimination laws in Mexico.

The Mexican Constitution also outlines worker consultation, trade unions, and industrial action. It mandates unions to consult with their workers on matters related to the election of the union's leadership, the approval of a new collective bargaining agreement, and statutory matters.

In addition, the Constitution sets out the right to decent work, which includes respect for the human dignity of the worker, no discrimination based on various factors such as ethnic or national origin, gender, age, disability, social status, health conditions, religion, migratory status, opinions, sexual preferences, or marital status, access to social security and a remunerative salary, continuous training, and optimal safety and hygiene conditions to prevent occupational hazards.

The labour rights enshrined in the Mexican Constitution have been further strengthened and regulated by the Federal Labour Law, which was first enacted in 1931 and has since been amended and updated several times.

Frequently asked questions