The Supreme Court of Justice of the Nation (SCJN) declared invalid portions of the Missing Persons Act of Jalisco and the Law of the Labor Conciliation Center of Tlaxcalain terms of requirements.
By nine votes in favor and two against, it was invalidated, as challenged by the National Human Rights Commission (CNDH) and proposed by the minister Margarita Rios Farjatthe requirement of “not having been convicted of committing an intentional crime” to be head of the Jalisco Search Commission for Disappeared Persons.
This provision is provided for in the second section of the first numeral of article 36 of the Law of Disappeared Persons of Jalisco.
It was determined that the concept of invalidity of the CNDH.
The Supreme Court has previously declared the invalidity of the same requirement, but to access the position of head of the Commission for the Search of Disappeared Persons in Guanajuato and in Nayarit.
It was concluded that the disputed requirement is so generic that it cannot be strictly linked to the powers of the head of the aforementioned Commission.
“This is so because the requirement covers all intentional crimes without differentiating those that could be strictly linked to the type of position to be held, which prevents establishing a direct, clear and unfailing relationship with the profile sought…the requirement is over-inclusive ”, explained Ríos Farjat.
The ministers Alberto Pérez Dayán and Javier Laynez Potisek voted against the section considering that the referred requirement is one of the conditions that must be required for the aforementioned position; “It is not excessive, disproportionate or unreasonable,” Pérez Dayán reasoned.
The requirement of “Not having been disqualified as a public servant” for the same position was unanimously invalidated.
The 11 ministers voted in favor of eliminating the requirement of “Not having been convicted of a malicious crime” to be a public servant or an operative member of the Special Prosecutor’s Office for Missing Persons of the Jalisco Prosecutor’s Office, provided for in the fourth section of the first numeral of the Article 39 of the same contested law.
And, in addition, also by nine votes, the requirement of “Not having been convicted of a malicious crime” to be a member of the Citizen Council, provided for in the first section of numeral 1 of article 51 of the Law of Missing Persons of Jalisco, was invalidated.
Under the presentation of Laynez Potisek, the Court also unanimously eliminated the seventh section of Article 19 of the Tlaxcala Labor Conciliation Center Law, which requires, in order to be the owner of said center, “not to have been sanctioned as a result of an administrative investigation for serious infractions that have resulted in any type of resolution or agreement that expressly implies acceptance, guilt or responsibility.
The congresses of Jalisco and Tlaxcala will be informed of the two rulings.
The two unconstitutionality actions analyzed were declared as “definitively” resolved.
