Mexican Constitution: Essential Guarantees and Rights
Guarantees
Equality
Every individual has the same status, rights, and obligations.
Freedom
An individual can do anything not legally prohibited.
Property
The right to use and dispose of an item.
Legal Rights
Essential rights to live in society, including rights and protection principles.
Social Guarantees
The state intervenes to mitigate, remedy, or compensate for disadvantages.
Constitutional Articles
Article 1: Equality and Non-Discrimination
Everyone will enjoy the guarantees granted by this Constitution. These guarantees may not be restricted except under the circumstances and conditions it sets. Slavery is prohibited in the United Mexican States. Slaves of foreigners entering the country will achieve freedom upon entry. Any discrimination based on ethnic origin or any other factor that undermines human dignity is prohibited.
Article 2: National Unity and Indigenous Rights
Our nation is unique and indivisible. The Constitution protects indigenous rights and culture, as defined by state constitutions and local laws. Ethnic variety generates diverse worldviews among our various ethnic groups.
Article 3: Education
The State must provide mandatory education at all levels, support scientific research, and promote national culture.
Article 4: Gender Equality and Well-being
Men and women are equal before the law. Everyone has the right to decide freely on the number of their children, to health protection, and to free and decent housing. Everyone has the right to an adequate environment for their development and welfare. The General Law of Ecological Equilibrium and Environmental Protection (LGEEPA) aims to protect the environment for human development and welfare.
Article 5: Freedom of Profession
Everyone has the freedom to choose any profession they want, as long as it is legal, and to receive fair compensation for their work.
Article 6: Freedom of Expression
Guarantees freedom of expression, unless it attacks the moral rights of others, incites a crime, or disturbs public order.
Article 7: Freedom of the Press
Guarantees the freedom to write and publish on any subject.
Article 8: Right to Petition
Officials and employees must respect the right of petition, provided it is submitted in writing and peacefully.
Article 9: Freedom of Association and Assembly
Guarantees freedom of association and assembly for legal purposes, other than armed gatherings that produce threats.
Article 10: Right to Bear Arms
Establishes the right to bear arms for security and defense, with the exception of prohibited weapons and those reserved for the army.
Article 11: Freedom of Movement
Guarantees freedom of movement, including entering and leaving the country, traveling within the country, and choosing one’s residence.
Article 12: Prohibition of Nobility Titles
Titles of nobility and honor are not recognized, nor are those granted by other countries.
Article 13: Prohibition of Special Jurisdictions
No one can be judged by private laws or special tribunals. No person shall have privileges or enjoy emoluments.
Article 14: Non-Retroactivity of Law and Due Process
No law shall have retroactive effect to the detriment of any person. No one shall be deprived of life, liberty, or property, except for due process of law. The law should be applied exactly as written, and judgments should be according to the interpretation of the law.
Article 15: Non-Extradition
Political offenders or common offenders who have been slaves in another country cannot be extradited. Conventions that alter these guarantees and rights are prohibited.
Article 16: Protection against Unreasonable Search and Seizure
Prohibits anyone (authority) from harassing someone or entering their house without a warrant, which may not be issued without a complaint. Home visits are allowed only to verify compliance (e.g., a search).
Article 17: Right to Justice and Prohibition of Imprisonment for Debt
No one can take justice into their own hands or engage in violence to claim their rights. Everyone is entitled to free justice. No one can be imprisoned for debts of a civil nature.
Article 18: Imprisonment and Juvenile Offenders
Preventive detention is only allowed for crimes that merit imprisonment. Federal and state governments must organize the penal system and establish institutions for juvenile offenders.
Article 19: Rights of the Accused
No detention shall exceed three days without a detention order stating the crime, place, time, circumstances, and details of the investigation. Any trial will proceed for the specified crime; if there is another crime, the process must be repeated.
Article 20: Guarantees for the Accused
Establishes ten guarantees for every accused person, including bail, the right not to testify against oneself, the right to know the charges and accuser, the right to confront witnesses, and the right to a speedy trial.
Article 21: Judicial Authority and Penalties
Only the judicial authority may impose penalties. The prosecution of crimes is the responsibility of the public ministry. Fines must take into account the offender’s income.
Article 22: Prohibited Punishments
Prohibits punishments such as death, mutilation, public humiliation, branding, flogging, torture, excessive fines, confiscation of property, and any other unusual or extreme penalties. Penalties should be proportionate to the crime.
Article 23: Limits on Criminal Trials
No criminal trial shall have more than three instances. No one can be tried twice for the same offense.
Article 24: Freedom of Religious Belief
Guarantees freedom of religious belief and practice, as long as it does not constitute an offense punishable by law.
Article 25: National Development
The State guides national development to ensure it is comprehensive and sustainable, strengthens national sovereignty and democracy, promotes economic growth and employment, ensures a more just distribution of income and wealth, and allows for the full exercise of freedom and dignity.
Article 26: National Development Planning
The State will organize a democratic national development planning system to ensure solid, dynamic, sustained, and equitable economic growth, political independence and democratization, and social and cultural development.
Article 27: Ownership of Land and Water
Ownership of land and water within national territory is vested originally in the Nation, which has the right to transfer title to individuals as private property.
Article 28: Prohibition of Monopolies
Monopolies, monopolistic practices, and tax exemptions are prohibited under the terms and conditions established by law. Bans protected in an industry are treated equally.
Article 29: Suspension of Rights
Describes the conditions under which individual rights may be suspended, such as in times of war or other threats to society, for a limited time and in specific areas.