Intervention of the Delegation of Mexico in the Session on the Challenges in Addressing the
Demands and Necessities of Minorities in Justice systems
8th Forum on Minority Issues
Geneva, 25 November 2015
Thank you Mr. President,
Mexico reinforces what the Special Rapporteur stated, that the obligatory training and education of the
agents of public order and judicial functionaries, including the penitentiary personnel, on human rights
and the rights of minorities, in particular on the principle of nondiscrimination and cultural competencies,
is an essential element of all judicial systems which function properly.
In our country, the Supreme Court of Justice of the Nation (SCJN by its Spanish acronym) has
developed an extensive set of activities for promotion and diffusion focused on ensuring that judiciary
work is fully embedded in human rights. In particular, it is important to highlight that between 2012 and
2014, the SCJN published eight protocols of action to facilitate judges to fulfil—with strict respect to
judicial autonomy and independence—constitutional and conventional obligations in matters of human
rights in the ambit of their competences. These protocols establish, among other things, the teaching of
justice in cases involving individuals and communities from indigenous peoples; a gender perspective
including sexual orientation or gender identity; people with disabilities; and migrant people and those
subject to international protection.
In matters of indigenous peoples, which is one of the most active minorities in Mexico, the “Protocol of
Action for those who teach justice in cases that involve the rights of individuals, communities, and
indigenous peoples,’ presents the necessary lineaments of judicial action to thoroughly comply with what
is present in our Political Constitution and the international instruments in this matter, among these the
Declaration of the United Nations on the Rights of Indigenous Peoples.
It is important to highlight that following the principle of participation in the matters that affect them, this
protocol establishes the possibility that any person, including the same peoples and indigenous
communities concerned contribute to their improvement.
In our experience, the adoption of these protocols constitute a worthy tool to guarantee the validity of
the rights of minorities by the Judicial Power, and because of this we consider that the possible
elaboration of similar protocols of action must be incorporated in the final recommendations addressed
to the States, stemming from this work.
On the other hand, between the institutional actions tending to guarantee the access to justice of
indigenous communities or peoples, the National Commission for the Development of Indigenous