Reparations for Human Rights Violations and State Liability in Mexico

Reparations are a state’s duty in all its spheres of action and their origins are not unique to the international field. They operate also in the national context and involve the provision of an effective legal remedy for illegalities or irregularities committed by the State. As such, Mexican law requires the formulation of such analysis by answering the following questions: What happens if the State fails to fulfill its obligations towards its citizens? What, how, and when can victims of Mexican human rights violations obtain reparations? We answer these questions by exploring the Mexican legal system’s traditional pathways for reparations and analyzing the extent of the State’s liability under Article 113 of the Mexican Constitution. We refer to five legal instruments: the Constitution of the United Mexican States, the Amparo Act, the State Liability Act, the General Law on Victims, and the American Convention on Human Rights. Finally, we also consider published opinions issued by the Supreme Court of Justice, as this has been the primary mechanism for determining the meaning of the substantive right to reparations, as well as the extent, limits, and guarantees for it.