Alert! Civil Society, Constitutional Law assists us, #NoTeCalles

Alert!  Civil Society, Constitutional Law assists us, #NoTeCalles

In the previous collaboration we emphasized that the scivil society has the right to shield his intervention in acts of government, now we will address the importance resorting to the law before acts of authority that threaten the operation or ability to perform the function and integrity of the CSOs.

“National Space for the Articulation of Civil Society Organizations (CSOs) made, the October 21, 2021a National Meeting which brought together 195 organizations from various entities in the country with various objectives, one of which was to draft a communication to the president of Mexicowhich was delivered to the presidency of the republic on January 18, 2022”; Below we reproduce some paragraphs that go in the sense of vital concerns expressed in said statement:

    1. Tax Reform what does it put in risk the sustainability of the CSOs in favor of thousands of actions that have a purpose of public interest.
    2. closure of the National Institute of Social Development (indesol) institution that will stop fulfilling its responsibility of promotion and dialogue between the CSOs and the government, abandoning its mission of liaison with civil society.
  • Federal Law for the Promotion of Activities Carried Out by Civil Society Organizations violated in its fulfillment.
  • Institutional design and legal framework achieved during a decades-long struggle against governments unwilling to dialogue with citizensand which became exemplary practices for other countries in Latin America and the Caribbean, today they are being canceled one by one weakening Mexican democracy, for which the State must ensure.

“In the National Meeting indicated, the relationships between the government and the CSOsrevealing what they do to achieve “The Mexico we want”.

Civil society must be relentless in the face of unjustified or justified aggression by the public or private sectors (including the social) and this will be through its organizations grounded in the apply the law and preventing at all costs from falling into situations of incapacity, corruption and impunity.

“The law is an instrument to allow social and peaceful coexistence” (“Freedom of association and assembly in Mexico – Inter-American Court”)

That important variable identified as legal personality is instituted in legal framework that in the case of CSOs provides protection to the citizen in any country living under the regime of a democracy; The question we would ask ourselves is: And where do we locate that legal framework of protection for the citizen and his participation in CSOs? The obvious answer would be: in a democracy, the powerful means of protection and action of the members of organized civil society (CSOs), is circumscribed in the main legal instrument, which is the Political Constitution of the United Mexican States as well as the laws and regulations that emanate from it, and the international treaties aimed at protecting the Human rights.

How do we know the Political Constitution of the United Mexican States is an agreement of rules of coexistence, that is, a form of political and social pact. It is called that because it integrates, establishes, organizes, constitutes the norms that govern the society of a country.; contains the principles and objectives of the nation. It establishes the existence of organs of authority, their powers and limitations, as well as the rights of individuals and the ways to make them effective. (Font: What is the political constitution and what is it for? – Aleph”) the Constitution contains 136 articles and 19 transitory ones, distributed in nine titles. We include interesting text from Miguel Carbonell referred to The 10 articles of the constitution that every citizen should know.

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Below we will focus on those articles of the Constitution, that exist as mixture for legal protection of the CSOs and its partners.

This article protects a fundamental principle in terms of human rights, such as the pro person principle. In its First Title: Human Rights and their Guarantees, Chapter I, Article 1declares: “All human beings are born free and equal in dignity and rights and, endowed as they are with reason and conscience, they must behave fraternally towards one another.”

“Freedom of association plays a fundamental role in the formation of modern democracies, since it expresses the possibility of constituting interpersonal aggregates of interests, which have a recognized legal personality” (Font: “Freedom of Association in the Constitutionalism of Latin America”), in this sense we refer to the Article 9 which is essential for understanding the Freedom of Association and Assembly in Mexico, since 1917 and says very clearly that (see image):

“The right of assembly is halfway between freedom of expression and the right of association, it is an individual right in terms of its holders and a collective right in its exercise, which operates as an instrumental technique put at the service of the exchange of ideas. , the defense of interests or the publicity of problems or claims, constituting, therefore, a channel for the participatory democratic principle, whose configuring elements are, according to the dominant opinion, the subjective – a group of people- the stormof transitory duration, the finalist– legality of the purpose- and the real or objective – place of celebration. It refers to a meeting that supposes a transitory temporary scope in the exercise of the right, since a meeting of a permanent nature would resemble more, perhaps, an association; In addition, the purpose must be legally admissible. (Font: “Freedom of association and assembly in Mexico” – Inter-American Court. Miguel Carbonell).

The right of association It consists of the freedom of all the inhabitants to form, by themselves or with other people, entities that have a legal personality different, what Kelsen would call a “rights and obligations imputation center” with the object and purpose that its members freely determine as long as they are lawful. (Font: ClubEssayos.com).

Contemporary constitutionalism has been concerned with establishing norms that regulate the Social Organizations in various ways. This shows that constitutionalism currently goes beyond the central objectives of establishing declarations of human rights and the rules on the organization and limitation of power” (Font: “Social Institutions – Law – UAT – StuDocu”) The foregoing gives indications that: “constitutionalism has advanced along the path of shaping society and the market, specifically and various social organizations”

We continue and will continue to ask the eternal question of: To what extent should civil society participate and protest in terms of government decisions that disturb it? and heThe answer will continue to be today and always: “In democratic societies, activism and public protest are a constitutional right, a requirement of responsible participation” before which #NoStreet!

The civil society organizations (CSOs) or calls, by the National Institute of Statistics and Geography of Mexico (INEGI), Non-Profit Institutions (NPIs) they are a phenomenon in itself, which is nurtured: “From the eternal desire of civil society to connect and participate civically, actively collaborating in various ways on the great problems and opportunities of the country.”