Starting this week, all citizen rights will be suspended for Mexicans who owe alimony, which includes not being able to vote, or obtain a new INE credential, and not be able to hold any popularly elected position or any government position, in accordance with the reform to constitutional article 38 published this Monday in the Official Gazette of the Federation (DOF).
These changes to the magna carta are added to the modification of the General Law on the Rights of Girls, Boys and Adolescents, in terms of alimony, in force since May 9, with which -formally- the National Registry of Food Obligations, a database in which all food debtors will be included.
Just because this last legal reform, by restricting rights, could be considered unconstitutional, Congress decided to include the limitation for food debtors from the magna carta.
In this way, it was added to section V of article 38 of the Constitution that “the rights of citizens are suspended” for the following reasons: Being a fugitive from justice; by sentence that imposes such suspension as a penalty; for having a final sentence for the intentional commission of sexual crimes, and for being declared as a delinquent food debtor.
“In the cases of this fraction, the person may not be registered as a candidate for any position of popular election, nor be appointed for employment, position or commission in the public service.” Ergo, food debtors will not be able to vote, or be voted for, and they will not be able to work in any government position.
In addition, although they are not listed in the reformed section V of constitutional article 38, when indicating in these changes that “the rights or prerogatives of citizens are suspended”, we must refer to article 35 of the same Constitution that specifies what those rights are. of citizenship.
Therefore, with this new reform, Food debtors will also be suspended -in addition to the right to vote and be voted- the following rights:
- Individually and freely associate to take part peacefully in the political affairs of the country (for example, form a political party).
- Take up arms in the permanent Armed Forces or in the reserve corps, for the defense of the Republic.
- Exercise the right of petition in all kinds of businesses.
- To be able to be appointed to any job or commission of the public service.
- Initiate laws, in the terms and with the requirements indicated in the Constitution.
- Vote in popular consultations on issues of national or regional significance.
- Participate in mandate revocation processes.
Excessive penalty?
Food is the legal term for what is popularly known as alimony, It is a right that all minors have, and people between 18 and 25 who continue to depend on their parents because they are studying.
Similarly, if an ex-spouse was dedicated to the household during the marriage and/or has no means to support himself, his ex-partner must also provide food. This concept not only includes food, but also housing, clothing, education (up to 25 years of age), medical assistance, recreation and entertainment.
With the reform published in the DOF this Monday, which enters into force on Tuesday, and considering what has already been included in the General Law on the Rights of Girls, Boys and Adolescents, who do not comply with the obligation to provide alimony, they will not be able to vote, nor be candidates or officials, and also will not be able to obtain a passport to leave the country, nor a driver’s license.
Nor will they be able to carry out a sale of real estate before a Notary, since to carry out these procedures a certificate of non-registration will be requested in what will be the new National Registry of Food Obligations.
These changes to the legislation were called Sabine Law, in reference to the name of the daughter of Diana Luz Vazquez Ruiz, a woman activist who is the author of the initiative endorsed -in both Chambers of Congress- by various legislators from all political parties.
According to Vazquez Ruiz, parental abandonment of their children affects at least 35 million mothers in Mexico.
Although in our country the problem due to the lack of child support is serious, it must be considered that food debtors are not only men, as women can also have this obligation when it is the man who is left in charge of the infants.
Similarly, the burden of providing food does not only include procreated offspring, since men and women without children have this same obligation with their ex-partners or ex-spouses, as long as it is so determined in a final sentence by a family judge.
Therefore, not only Mexican men who do not provide food for their children are the subjects to whom these legal and constitutional reforms are directed, although in smaller numbers, also women who are alimony debtors of their children and/or their ex-partners will see their rights suspended, and the same happens with men who, without having children, are obliged to provide food to their ex-spouses or ex-concubines.
Retroactive application?
The purpose of the National Registry of Alimony Obligations is to concentrate the information of alimony debtors and creditors, with this the restriction of the rights of those who fail to comply with alimony will only affect those who are on that list.
This database, which will be created and managed by the National Integral Family Development System (DIF), will register food debtors after they are declared as such by the Family Courts in the country. The DIF has a period of 300 business days to form the Registry, that is, no later than July 2024, it must be working.
Likewise, the reform to section V of constitutional article 38 imposes obligations on the Congresses of all federal entities, which must adjust their Constitutions and other legislation to harmonize them with the changes to the magna carta. For this, the state legislatures have a period of 180 calendar days, which conclude on November 4, 2023.
However, regarding the possibility that this reform is retroactive, which is formally prohibited in the Constitution, since no norm that affects rights can be applied to cases of the past, we must consider that the debts that are generated by failing to comply with the maintenance are of “successive tract”.
In other words, it is an obligation that is generated from the moment the minor is born, in the case of children, or from the moment a judge determines that a man or woman must provide food to their ex-partner or ex-spouse. This obligation passes over time, accumulating the debt.
Therefore, if the children of a mother or father are owed food, it is enough to wait until the National Registry of Alimony Obligations is already working to go to a family judge to request that the debtor be declared as such.
After this, the Courts of Justice of all the states of the country, and of Mexico City, must provide the DIF with the information on the people who are alimony debtors.
It is important to point out that, if a person was declared in court as a debtor of maintenance before this constitutional reform, they cannot be included in the National Registry of Maintenance Obligations, since the declaration that this condition is held must be after the entry into force of the changes to the Constitution and the General Law on the Rights of Girls, Boys and Adolescents.
If the opposite occurs, for example, if a maintenance debtor who was declared as such in April 2023 or earlier is included in the Registry, he or she can challenge that determination through the Amparo Trial, arguing that the rule is being applied in the wrong way. retroactively, which is unconstitutional.
Obviously, if that person continues to owe alimony, the protection granted in his case will cease to have effect at the moment in which -again- a judge recently determines that he continues to be a alimony debtor. Thus, the court ruling that declares this condition must be after the reform of the Magna Carta, but since these debts do not perish, but rather accumulate over time, the debtor may see his citizen rights suspended as soon as it is updated that he does not comply with food obligation.
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surya palaces Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.