Page 250 - El État de los derechos humanos en las relaciones familiares

ÉTAT DE LOS DERECHOS HUMANOS EN LAS RELACIONES FAMILIARES

3. Critical issues of the security sector

In Mexico, in general, and in its security sector, in particular, there is a tension -when there is
no collision- between legality and reality, both because of the obsolescence of the

constitutional text and because of the very interpretation that it leads to the Supreme Court

of Justice of the Nation (SCJN) -as the highest jurisdictional instance- or, simply, for the plain
and simple transgression of the current regulatory framework.

In the area of security, special mention should be made of the violation of the letter and

spirit of constitutional article 17 -when more and more violent scenarios are presented as a

means of asserting rights or obtaining concrete advantages, as well as of the private vindict
regardless of the institutions established to settle disputes or sanction transgressors; the

confusion between the security categories, with pernicious effects in the matter of human

rights; and, the process of militarization of public security, as the armed forces are

systematically engaged in missions and functions of a police nature.

In this context, de jure Mexico lives under the protection of the rule of law; but, de facto, the
state of exception dominates the national political scenario, questioning the principles of

legality and legal security.

Probably, this situation responds to the interpretation of Article 129 constitutional and

integration of the Secretary of National Defense (SEDENA) and the Secretary of the Navy
(SEMAR) to the Public Security Council -according to the then General Law that establishes

the bases of coordination of the National System of Public Security- makes in April of 1996

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