Arturo Zaldivar: “As long as all rights are not justiciable, they are nothing more than good wishes”

The president minister of the SCJN highlighted, despite progress in Mexico, there is still inequality in the exercise of human rights

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President of the Supreme Court
President of the Supreme Court of Justice (SCJN) Arturo Zaldivar delivers his third annual report, at the Court premises in Mexico City, Mexico December 15, 2021. REUTERS/Gustavo Graf

On March 23, the chief minister of the Supreme Court of Justice of the nation (SCJN) Arturo Zaldívar presented his book 10 years of rights. Jurisprudential autobiography. During it, he assured that Mexico still had inequalities in the exercise and application of human rights:

“Our country, as unfortunately in most countries in our region, continues to face serious inequalities, injustices, abuse of power, many rights that remain aspiration and that do not exist in reality and therefore the obligation of constitutional judges to remain part of social transformation because as long as all rights are not justiciable, they remain good wishes”, he told a panel of international experts on constitutional law.

According to the minister president, in the world there is “the risk and temptation” of wanting to go back in achievements achieved, he assured that human rights were not given “free of charge” but were the result of the struggles of different social spheres.

“In many parts of the world there are temptations to retreat in human rights achievements that we thought were already irreversible, especially the human rights of minorities, women, people of sexual diversity, people with disabilities, indigenous people.” That is why I assure you that you cannot think that the gains have already been achieved and it stopped that it must be constantly monitored by all the organs that make up society in order not to allow setbacks in the area of human rights.

In this way, the head of the judiciary in the country recognized that it is not enough for the Mexican constitution to contemplate the principle of non-regressivity in human rights, but that it is necessary to monitor whenever no regression is allowed.

In addition to medicines and clothing, inmates receive footwear and cleaning products from their families. Women, for example, also receive sanitary napkins.
Photo: Vanguardia Archive
In Mexico, there are serious violations of human rights, as noted by the CNDH. Photo: Vanguardia Archive

It should be added that in February the chief minister of the Supreme Court of Justice of the Nation came under the attention of the media after he assured that he was pressured by former President Felipe Calderón to modify the draft judgment on the case of the ABC Nursery, in which minors died due to a fire at the scene.

On February 24, President López Obrador expressed his support for the head of the judiciary, reiterating his support and confidence. It should be added that Arturo Zaldívar was pointed out by various sectors that reproached the fact that he had kept the information hidden for several years, since the events occurred on July 5, 2009.

Margarita Zavala Arturo Zaldivar
Margarita Zavala questioned the work of the chief minister of the Supreme Court of Justice of La Nacional (Photos: Infobae Mexico/SCJN)

At the time, following the incident, accusations by the families who lost their sons and daughters, indicated that the federal government, led at the time by Felipe Calderón, had protected the family of Margarita Zavala since they were allegedly related to the ABC Nursery case.

After the case is resumed, the accused did not let the minister's statements pass. Margarita Zavala, for example, reversed through her social networks and assured that the presiding minister was lying when he assured that he received pressure from the former president to exonerate her for the ABC Nursery fire in Hermosillo, Sonora, which left 49 babies dead and 106 injured.

For her part, Panist Senator Mariana Gómez del Campo, expressed through social networks that the presiding minister has not yet spoken out about various recent tragedies that would have taken place during the current administration.

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