The LXV Legislature's Impact on Human Rights

The LXV Legislature, a milestone in Mexican political history, has concluded its tenure, leaving behind a trailblazing legacy that promises to shape the nation's trajectory for years to come. Characterized by a unprecedented commitment to plurality, parity, inclusion, and diversity, this legislative body has enacted a series of reforms aimed at bridging the yawning chasm of inequality and discrimination, while simultaneously bolstering fundamental human rights.

One of the most significant achievements of the LXV Legislature was its groundbreaking establishment of absolute gender parity within the Chamber of Deputies. This landmark accomplishment, a first in the annals of Mexican politics, garnered widespread international acclaim and resonated deeply with the nation's demographic reality, where women constitute 52% of the population. The LXV Legislature, aptly dubbed "the Legislature of Parity," exemplified a steadfast commitment to equity and representation, setting a new standard for political discourse and governance.

Beyond its pioneering efforts in gender equality, the LXV Legislature also made significant strides in integrating a gender perspective into fiscal policy. By adopting a novel approach to budgetary planning and resource allocation, the legislature sought to address systemic gender biases and ensure that public policies were designed to benefit women and men equally. This innovative initiative marked a departure from traditional fiscal frameworks and underscored the LXV Legislature's determination to create a more just and equitable society.

The LXV Legislature also reflected the political plurality that characterizes modern Mexico. Comprising a diverse array of political parties, including Morena, PAN, PRI, PVEM, PT, MC, and PRD, the legislature represented a broad spectrum of ideologies and perspectives. The absence of a qualified majority held by any single party or coalition necessitated a collaborative and consensus-driven approach to legislative work, fostering dialogue, compromise, and the construction of agreements on critical issues facing the nation.

A Shield of Protection

The protection of children and adolescents has long been an issue of paramount importance, but rarely has there been such a concentrated legislative push to redefine the boundaries of child welfare and justice as seen during the tenure of Mexico’s LXV Legislature. The efforts of this legislative body stand as a testament to the national commitment to upholding the dignity, security, and rights of minors, making its work both sophisticated in vision and groundbreaking in scope. With a series of reforms that have drawn global attention, the LXV Legislature has decisively positioned itself as a vanguard for children's rights, particularly in its stance against harmful practices and its reformation of criminal accountability in relation to sexual crimes against minors.

At the heart of these reforms lies a crucial yet often overlooked concept: harmful practices. This umbrella term encapsulates a variety of actions and behaviors that, while not always easily defined, share one common trait— they harm the physical, emotional, or psychological well-being of children. By placing an unequivocal No on harmful practices through the reform of article 45 of the General Law on the Rights of Girls, Boys, and Adolescents (LGDNNNA), the LXV Legislature set a precedent that transcends national borders, emphasizing the duty of the state to protect children from all forms of maltreatment.

Perhaps the most significant reform introduced by the LXV Legislature is the elimination of the statute of limitations for sexual crimes committed against minors. The fact that crimes such as the distribution of child pornography, pederasty, and child sex tourism will no longer be subject to prescriptive periods marks an international milestone. It recognizes the profound and often enduring impact of sexual abuse on survivors, whose trauma may prevent them from seeking justice until many years later.

Education is often hailed as the foundation of a prosperous society, but schools must be safe environments if children are to flourish. Recognizing this, the LXV Legislature enacted reforms to both the LGDNNA and the Federal Penal Code that explicitly target sexual violence in educational settings. The reforms to Section XI of article 57 and Section III of article 266 Bis provide a framework for preventing and addressing sexual abuse in schools, transforming these institutions into frontlines in the broader defense of children’s rights.

Another critical reform introduced by the LXV Legislature tackles the insidious issue of child marriage. Article 205-Bis, introduced under Chapter IX of the Federal Penal Code, criminalizes the coercion, inducement, or arrangement of child marriages, carrying a penalty of up to 15 years in prison. This figure rises to 22 years if the victim belongs to an indigenous or Afro-Mexican community—an acknowledgment of the compounded vulnerabilities faced by children in marginalized populations.

In today’s media-saturated world, the risk of revictimization through public exposure has grown exponentially. Recognizing this, the LXV Legislature added a new clause to Article 80 of the LGDNNA, which forbids authorities from disseminating information or images that might inadvertently re-victimize children, even when such content has been altered to obscure their identity. This is a subtle but crucial aspect of the Legislature’s broader commitment to protecting the dignity of minors.

Finally, in a step that reflects a nuanced understanding of children’s rights in all aspects of their lives, the LXV Legislature extended protections to breastfeeding mothers through an addition to Article 9 of the Federal Law to Prevent and Eliminate Discrimination. Public breastfeeding is now an unequivocal right, one that no authority can restrict, limit, or deny. This small but significant step affirms the importance of early childhood nutrition and the need for public spaces to accommodate the developmental needs of children without imposing barriers on their mothers.

Progress, Protection, and Peril for Women

The LXV Legislature will be remembered not merely for the number of laws it passed but for the profound and lasting impact it left on the fight for gender equality in Mexico. In a world that often tiptoes around the uncomfortable realities of gender-based violence, the legislators who shaped the LXV term broke barriers, establishing a bold precedent for prioritizing the safety, dignity, and rights of women. These legal reforms, imbued with both the spirit of protection and progress, target critical areas in the lives of Mexican women, from political and economic equality to personal safety and reproductive autonomy.

In an age when political figures are increasingly scrutinized for their personal behavior, the LXV Legislature introduced the groundbreaking "Three of Three" law, barring individuals with a record of violence against women from holding public office. This reform added to the Constitution’s Articles 38 and 102 and seeks to disrupt the disturbing trend of aggressors reaching positions of power, where their influence could enable further harm.

The feminist battle cry of "the personal is political" found new meaning with the historic decision to eliminate the 16% tax on menstrual hygiene products. For the first time, Mexico’s fiscal policy acknowledged menstruation as a natural, unavoidable fact of life, rather than an individual burden for women to bear. By addressing the "pink tax," the LXV Legislature acted on a truth known all too well by women and girls around the world: menstruating can be expensive, and that cost disproportionately affects those already disadvantaged.

A vital, though often criticized, mechanism for addressing violence against women in Mexico is the Declaration of Gender Violence Alerts (AVG). Historically, the process to declare such an alert—meant to trigger heightened government attention and resources in areas with high rates of gender-based violence—could drag on for as long as six months. The LXV Legislature's reform slashed that time to a maximum of 45 days.

Shelters are often the last refuge for women escaping violence. Yet, their availability has been inconsistent, with many facing chronic underfunding. In recognizing this, the LXV Legislature pushed for a dedicated budget for shelters, ensuring that women in crisis would not be left without safe havens.

While physical and sexual violence often dominate discussions on women's safety, obstetric violence—abuses in the context of childbirth and maternal care—has largely remained in the shadows. The LXV Legislature made strides to change that, defining and criminalizing obstetric violence. From non-consensual medical practices to outright neglect during childbirth, women’s reproductive autonomy is now legally protected.

The brutal murder of Ingrid Escamilla in 2020 sent shockwaves throughout Mexico, not just because of the horrific act itself but due to the subsequent dissemination of graphic images of her mutilated body by media outlets and even law enforcement. The "Ingrid Law," named in her memory, criminalizes the circulation of images of victims of violence, whether by public officials or civilians. Sentences range from 4 to 10 years in prison for those found guilty.

The phenomenon of acid violence—deliberately maiming women with corrosive substances—has long been a devastating form of gender-based violence in several countries. The LXV Legislature’s reform of the General Law on Women's Access to a Life Free of Violence (LGAMVLV) extends protections to women who are victims of acid attacks, categorizing them alongside other serious forms of physical assault.

In a world where social media and digital spaces often act as new frontiers for abuse, the expansion of the "Olimpia Law" under the LGAMVLV to include “sextortion” is both timely and necessary. Women have long been blackmailed with the threat of having intimate content leaked online, turning their private lives into weapons against them.

Lastly, the LXV Legislature took a step toward addressing two insidious but often overlooked forms of violence: dating violence and economic abuse. By reforming the LGAMVLV, the Federal Civil Code, and the Federal Penal Code, the Legislature extended legal protections to women in dating relationships and those suffering economic deprivation at the hands of their partners.

A Year of Reforms

One of the most striking moments came in August 2024, when the legislature deftly avoided what could have been a dramatic constitutional implosion—something that might sound like the plot of a political thriller. With the reform to Article 65 of the Constitution, which governs the ordinary sessions of the Congress of the Union, they returned to a pre-2014 political reality. By doing so, they staved off the menacing specter of a "double Congress," a term that evokes the image of two parliamentary bodies awkwardly coexisting, like estranged cousins at a family reunion.

The LXV Legislature also tackled the emotionally charged issue of conscientious objection in healthcare, striking a balance between individual medical ethics and the need for universal access to services. With a reform to the General Health Law, the Legislature declared that hospitals—even those with religious affiliations—must ensure the availability of non-conscientious objector personnel who are obligated to perform all medical services, including abortions.

While we're on the topic of social evolution, how about paternity leave in Mexico? Historically, care for children has been overwhelmingly shouldered by women. With a nod to substantive equality, the LXV Legislature extended paternity leave to 30 days, reforming federal labor laws. This move is more than just a practical benefit for fathers—it’s a symbolic acknowledgment that parenting responsibilities should be shared more equitably between men and women.

In the world of legal reform, the LXV Legislature is proving to be a trailblazer, introducing the General Law on Alternative Dispute Resolution Mechanisms. This law promises to revolutionize the judicial system by resolving civil and family conflicts without the mandatory involvement of an authority. Essentially, it’s the legislative equivalent of telling squabbling parties to "work it out yourselves."

Furthering its commitment to legal reform, the LXV Legislature also passed the New National Code of Civil and Family Procedures. This sweeping initiative, set to take effect in 2027, aims to unify the rules governing conflicts between individuals across the entire country. The most significant change? Provisional alimony in less than 24 hours—now that’s efficiency!

Perhaps one of the more somber and deeply necessary reforms passed by the LXV Legislature is the amendment to articles 5 and 137 of the General Law on Forced Disappearance of Persons. Mexico has long struggled with the haunting issue of forced disappearances, a tragedy that touches the lives of countless families. By tightening regulations and expanding the legal framework around these crimes, the Legislature aims to strengthen the search for missing persons and hold perpetrators accountable.

And then, as if to remind us that no legislative body worth its salt can resist a touch of eccentricity, the LXV Legislature passed reforms to regulate the use of drones. No, not your friendly neighborhood videographers, but the kind of drones used for nefarious purposes—like dropping explosives or chemical substances. The reform adds teeth to the Federal Penal Code, punishing offenders with up to 20 years in prison. It’s a glimpse into a future where crime doesn’t just happen on the streets but also in the skies, and where lawmakers are already crafting regulations for scenarios straight out of a sci-fi movie.

But let’s not forget the reform to the Amnesty Law. With a twist fit for the quirkiest of legal dramas, the new amendment allows for amnesty to be granted by direct determination of the head of the Federal Executive Branch. The beneficiaries? Individuals who can provide "verifiable elements" that shed light on cases of particular importance to the State. It’s a mix of high-level justice and political pragmatism, offering a tantalizing hint of what might happen when legal procedures meet statecraft.

A Patchwork of Progress and Tradition

In a nation that prides itself on family and social welfare, the creation of the Pension Fund for Welfare was no small endeavor. Crafted under the careful eye of the Ministry of Finance and Public Credit, this public trust signals a shift in how Mexico plans for the golden years of its citizens. Gone are the days of labyrinthine bureaucratic hurdles where workers, upon reaching the venerable age of 70, had to fight tooth and nail for their retirement funds.

The Amparo Law, regulating Articles 103 and 107 of the Political Constitution, demonstrates the LXV Legislature's commitment to safeguarding constitutional rights with methodical precision. Under its scrutiny, legal mechanisms that delay justice or muddy the waters of constitutional norms are treated like a surgeon handling a scalpel—carefully and with purpose. The amendments to Articles 129 and 148, particularly addressing the suspension of challenged acts and the unconstitutionality of general norms, sharpen the legal tools available to citizens seeking protection from governmental overreach.

In one of the most powerful and progressive moves of the LXV Legislature, a resounding stand was taken against conversion therapies. This decision reflects a deeper cultural shift, rejecting outdated and harmful practices that violate the rights of LGBTQ+ individuals. By reforming the Federal Penal Code and the General Health Law, the legislature not only made conversion therapies illegal but also sent a message that human dignity is non-negotiable.

The penalties—ranging from two to six years in prison and hefty fines—underscore the seriousness with which these violations of sexual orientation and gender identity rights are treated. The LXV Legislature’s decision to penalize anyone who engages in such practices, whether through direct application or financing, reveals an unwavering commitment to progressiveness. They have declared, boldly and unambiguously, that the days of systemic discrimination are numbered.

There's nothing like sneaky charges on your debit or credit card to sour a purchase. With the Federal Law on Consumer Protection, the LXV Legislature tackled an issue that, while perhaps quirky in its niche, represents a larger ethos of protecting the everyday consumer. Service providers can no longer hide behind obscure fees or additional charges just because you decided to use plastic instead of paper.

Mexico, a country frequently exposed to natural disasters, from earthquakes to hurricanes, needed a robust framework to manage emergencies. The General Law on Civil Protection and Disaster Risk Management was the LXV Legislature’s response to this existential need. The law mandates that resources must be earmarked in federal, state, and municipal budgets to ensure preparedness and timely response to emergencies.

What could be more sophisticated—or deliciously quirky—than giving the people the power to fire the President? The Federal Law on Revocation of Mandate institutionalizes a tool of direct democracy that allows citizens to decide if the sitting President should stay in office. By granting this power to the populace, the LXV Legislature introduced an elegant, if potentially volatile, check on executive authority. Should public sentiment sour dramatically, the people have the final say on their leader’s fate. The introduction of such a law in a traditionally centralized political system speaks to an almost revolutionary shift toward participatory democracy.

The Federal Law on Political Trial and Declaration of Origin reflects the LXV Legislature's commitment to accountability at the highest levels of government. It provides legal certainty for sanctioning public servants who overstep their bounds, ensuring that even the most powerful figures in the country—yes, including the President—can be charged and tried for violating the law.

From protecting retirement funds and banning conversion therapies to empowering consumers and arming citizens with the power to revoke presidential mandates, this legislative session left an indelible mark on the landscape of Mexican governance. The LXV Legislature didn’t just pass laws; it reshaped the relationship between government and the people with boldness, sophistication, and more than a little panache.

In-text Citation: (Mondragón, 2024, pp. 6-11)