The connection between the CNDH and the inter-American human rights system and its impact on the protection of human rights in Mexico

Miss Ana Cristina González Rincón

One of the essential tasks of any democratic State has been the protection of its citizens. This task was entrusted to the judges and courts, who for a long time possessed the monopoly of imparting justice. This trend was gradually liberalized to other state institutions such as the National Human Rights Institutions or ombudsman, in an effort to provide another, more specialized and focused protection.

In the case of Mexico, the National Human Rights Commission (CNDH) is the institution responsible for carrying out this work, which can be divided into two specific functions: to prevent future human rights violations (preventive function) and to protect people on the basis of recommendations, guaranteeing them a repair if a violation of their rights is committed (reparative function). Its legal nature as an autonomous constitutional body, as well as its relationship with the inter-American human rights system, gives it the possibility of achieving this objective.

Recently, the CNDH has been a more effective actor in the protection of human rights at the national level due, in part, to its connection with the inter-American system, which has led it to have a closer and more direct participation, such as issuing precautionary measures, participating in inter-American public hearings, as well as supporting compliance with the rulings of the Inter-American Court of Human Rights against Mexico.

The research question addressed is whether the recommendations of the CNDH have been effective in protecting human rights based on their connection with the inter-American system.

The methodology used in this research is a quantitative and qualitative documentary analysis of the most emblematic recommendations that have been issued from 1990 to 2019 at the CNDH. The type of research that will be carried out is analytical and explanatory, since it will explain why there has been a greater effectiveness in the protection of human rights in Mexico based on the relationship that the CNDH has had with the inter-American system.