Protection of the rights of migrants in Mexico

Article 1 of the Political Constitution of the United Mexican States, recognizes the right of migrants to enjoy the rights recognized by the Mexican State. Likewise, the Migration Law protects the human rights of migrants.

The Migration Law was promulgated on May 25, 2011, with its last reform in May 2021. This law guarantees “unrestricted respect for the human rights of migrants, nationals and foreigners, regardless of their origin, nationality, gender. , ethnicity, age and immigration status, with special attention to vulnerable groups such as minors, women, indigenous people, adolescents and the elderly, as well as victims of crime ”.

Article 2 mentions that the integral migratory approach in Mexico must be “in accordance with the complexity of the international mobility of people, which addresses the various manifestations of migration in Mexico as a country of origin, transit, destination and return of migrants, considering their causes. structural and its immediate and future consequences ”.

As the National Human Rights Commission (CNDH) explains, cross-border migration (United States and Mexico-Central America) is a regional and complex phenomenon that must be addressed from a human rights and human dignity perspective, to prevent the population from migrant suffers unfavorable situations or conditions.

In Mexico, the country's migrants must have all their rights recognized: right to nationality; right to freedom of movement; right to legal security and due process in any administrative or judicial process; right to consular assistance; Right to non-discrimination, whether based on ethnic or national origin, gender, sexual preference, age, disability, social, religious and health conditions.

In addition, migrants also have the right to request asylum for political reasons and the right to request recognition of refugee status. On the other hand, the best interests of children specify the right to protection of the family unit.

The right not to be criminalized, non-formal entry into the country represents an administrative offense, not a criminal offense, so the migrant population should not be criminalized for their actions to enter the country.

Regarding the immigration authorities, according to Article 76 of the Migration Law, they cannot detain migrants when they are in shelters and their surroundings. Likewise, the immigration authorities do have the obligation to provide interpreters or translators to migrants who require it.

On the CNDH site you can find complete information: as well as other relevant documents for the protection of the rights of migrants on Mexican soil: https://www.cndh.org.mx/programas/derechos-de-todos-los-trabajadores-migratorios-y-de-sus-familias-y-su-mecanismo-de   

Guide for the protection of the rights of migrant women: http://appweb.cndh.org.mx/biblioteca/archivos/pdfs/cartilla_DerechosMujeresMigrantes.pdf   

Portal of the migrant care program: https://www.cndh.org.mx/programa/9/atencion-migrantes

 

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