Freedom of association in Mexico

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Date
2023-12-01
Authors
Anzures Gurría, José Juan
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School of Law, University College Cork
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Abstract
Freedom of association was recognised in the mid-19th century in the Charter of 1857, and later in the Constitution of 1917. The text in both documents is very similar. Although the current Constitution has been in force for more than one hundred years, the article referring to freedom of association has not undergone a single modification, nor has a secondary law been issued to regulate the exercise of this right. The academic scholarship and case law construction that has been made in Mexico with respect to freedom of association has occurred in the last twenty years. Although a considerable effort has been made to define the content of the law, it is still somewhat underdeveloped. This paper begins with a brief review of the constitutional recognition of the freedom of association and other related concepts included in the 1917 Constitution. It then provides a definition of freedom of association and explains the various dimensions that are protected under the Law. Finally, the freedom is analysed as an instrumental right, that is, as a right through which many other fundamental rights can be exercised and even strengthen the constitutional and democratic rule of law. To enhance the analysis, two types of associations that have had a more prolific development under Mexican Law, namely labour unions and political parties, are studied. Although the constitutional text has recognised that these are two autonomous fundamental rights, it is undeniable that the basis for their exercise lies in the freedom of association.
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Freedom of association , Mexico
Citation
Anzures Gurría, J. J. (2023) 'Freedom of association in Mexico', Societās Working Paper 01/2024 (17pp). Cork: School of Law, University College Cork.
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© 2023, the Author. Views expressed do not represent the views of the Societās project or the School of Law at UCC.