Political Constitution of the United Mexican States

• First Title

  • Article 1Prohibits slavery and discriminationRecognizes that all persons enjoy the human rights recognized in the Constitution and in the international treaties to which the Mexican State is a party, and that their exercise cannot be restricted or suspended except in the cases and under the conditions established in the Constitution. Obligates all authorities to promote, respect, protect and guarantee human rights, and the State to prevent, investigate, punish and redress human rights violations. Prohibits slavery: slaves from abroad who enter the national territory become free by that fact alone and receive the protection of the law. Prohibits all discrimination that attacks human dignity.
  • Article 2The nation is one and indivisible and protects indigenous peoplesStates that the Mexican nation is one and indivisible, founded on the greatness of its peoples and cultures. Establishes that the nation has a pluricultural and multiethnic composition originally sustained by the indigenous peoples. Recognizes indigenous and Afro-Mexican peoples and communities as subjects of public law, with their own legal personality and assets, and guarantees their right to self-determination and to autonomy in their forms of social, economic, political and cultural organization.
  • Article 3EducationGuarantees that every person has the right to education. Obligates the State — the Federation, the states, Mexico City and the municipalities — to provide and guarantee initial, preschool, primary, secondary, upper secondary and higher education. Basic education (initial, preschool, primary and secondary) and upper secondary education are compulsory. The education provided by the State is universal, inclusive, public, free and secular, guided by the results of scientific progress, and is also democratic and national.
  • Article 4Equality and basic rightsEstablishes that women and men are equal before the law, and that the State guarantees the substantive equality of women. Protects the organization and development of families, and recognizes rights to nutritious food, health protection, a healthy environment, water, adequate housing, culture and sport, as well as the rights of children, non-contributory pensions for older adults and for people with permanent disabilities, and a system of scholarships for public school students.
  • Article 5Profession and workSignals that no person shall be prevented from engaging in the profession, industry, commerce or job of their choosing, as long as it is lawful. This freedom may only be restricted by judicial decision when the rights of a third party are attacked, or by government resolution when the rights of society are offended. No one may be compelled to perform personal work without fair remuneration and their full consent.
  • Article 6Freedom of expression and telecommunicationsFreedom of expression. Establishes the limits of this right and the right of reply. Awards the right to access public information held by any authority, under the principle of maximum publicity, and establishes that the Mexican state is obligated to guarantee access to information and communication technologies, as well as to broadcasting and telecommunications services, including broadband and Internet.
  • Article 7Freedom of the pressRelates to the freedom of the press. Establishes that the freedom to disseminate opinions, information and ideas through any medium is inviolable, that no law or authority may impose prior censorship, and that this right may not be restricted by indirect means.
  • Article 8Right to petitionRelates to the right to petition. Public officials and employees must respect its exercise, as long as the petition is made in writing, peacefully and respectfully; in political matters, only citizens of the Republic may exercise it. Every petition must receive a written response from the authority it was addressed to.
  • Article 9Right of association, reserved to citizens in political mattersEstablishes that the right to associate or assemble peacefully for any lawful purpose may not be restricted, but that only citizens of the Republic may do so to take part in the political affairs of the country. No armed assembly has the right to deliberate.
  • Article 10FirearmsRight of the inhabitants to possess firearms in the home for their security and legitimate defense, except those prohibited by federal law and those reserved for the exclusive use of the armed forces and the reserve corps. Federal law determines the cases, conditions, requirements and places in which carrying firearms may be authorized.
  • Article 11Transit and asylumRelates to the freedom of transit in the Republic and the right of asylum. Every person has the right to enter the Republic, leave it, travel through its territory and change residence without needing a safe-conduct, passport or similar requirement, subject to the powers of the judicial and administrative authorities. Every person also has the right to seek and receive asylum; refugee status and political asylum are granted in accordance with international treaties.
  • Article 12Titles of nobilityProhibition of titles of nobility, hereditary prerogatives and honors; no effect is given to those granted by any other country.
  • Article 13Privative laws and special courtsProhibition of privative laws and special courts. No person or corporation may hold privileges (fuero). The military fuero subsists only for offenses against military discipline, and military courts may never extend their jurisdiction over people who do not belong to the armed forces.
  • Article 14No retroactive laws, due process required, penalties established by lawNo retroactive laws to the detriment of any person; no one may be deprived of liberty, property, possessions or rights except through a trial before previously established courts, observing the essential formalities of procedure and under laws issued before the act. In criminal trials, penalties may not be imposed by analogy, and must be established by a law exactly applicable to the offense.
  • Article 15ExtraditionProhibits treaties for the extradition of political prisoners, and of common criminals who had the condition of slaves in the country where they committed the crime; it also prohibits agreements or treaties that alter the human rights recognized by the Constitution and by the international treaties to which the Mexican State is a party.
  • Article 16Legality, inviolability, penal mattersGuarantee of legality: no one may be disturbed in their person, family, home, papers or possessions except by written order from a competent authority that states the legal grounds of the procedure. Protects personal data and the inviolability of private communications, and establishes diverse provisions on arrest warrants, detention, searches and criminal investigation.
  • Article 17JusticeEstablishes that no person may take justice into their own hands. Guarantees the right to have justice administered by courts that are ready to deliver it within the terms set by law, issuing prompt, complete and impartial rulings. The service is free, and judicial costs are therefore prohibited.
  • Article 18Prisoners and penal systemEstablishes that preventive detention applies only to offenses punishable by imprisonment, and that the prison system is organized on the basis of respect for human rights, work, training, education, health and sport as means of achieving the social reintegration of the sentenced person. Also establishes a comprehensive justice system for adolescents between twelve and eighteen years of age.
  • Article 19Mandates due processEstablishes that no detention before a judicial authority may exceed seventy-two hours without being justified by a committal order (auto de vinculación a proceso) stating the offense charged and the evidence supporting it. Regulates preventive detention, including the offenses for which a judge orders it automatically.
  • Article 20Guarantees for the accused and victim in legal proceedingsEstablishes that the criminal process is accusatory and oral, governed by the principles of publicity, contradiction, concentration, continuity and immediacy, and sets out the general principles and the rights of the accused and of the victim or offended party.
  • Article 21Criminal investigation, penalties and public securityEstablishes that the investigation of crimes corresponds to the Public Prosecutor (Ministerio Público), the federal public security authority, the National Guard and the police forces, which act under its command, and that the imposition, modification and duration of penalties belong exclusively to the judicial authority. Allows the federal Executive, with the approval of the Senate, to recognize the jurisdiction of the International Criminal Court. Establishes public security as a function of the State shared by the Federation, the states and the municipalities, and creates the National Public Security System.
  • Article 22Punishment, confiscation and asset seizureProhibits the death penalty, mutilation, infamy, branding, flogging, beating with sticks, torment of any kind, excessive fines, the confiscation of property and any other unusual or excessive penalties; every penalty must be proportional to the offense. Establishes under what circumstances the application of a person’s goods is not considered confiscation, and regulates asset forfeiture (extinción de dominio).
  • Article 23Double jeopardyStates that no criminal trial may have more than three instances, and that no person may be tried twice for the same crime, whether they were acquitted or convicted.
  • Article 24Freedom of conscience and religionFreedom of ethical convictions, conscience and religion, including the right to take part, individually or collectively, in the ceremonies and acts of worship of one’s choosing. Congress may not enact laws that establish or prohibit any religion.
  • Article 25Economic developmentEstablishes that the State is responsible for steering national development so that it is comprehensive and sustainable, and that it plans, conducts, coordinates and guides national economic activity. The public, social and private sectors all take part in economic development, and the public sector has exclusive charge of the strategic areas listed in Article 28.
  • Article 26Systems for planning and statisticsEstablishes the system of democratic and deliberative planning for national development, with a national development plan that is binding on the programs of the federal public administration, and the National System of Statistical and Geographic Information, whose data are official and whose autonomous body also calculates the Unit of Measurement and Update (UMA).
  • Article 27Land, waters and natural resourcesEstablishes that the ownership of the lands and waters within the limits of the national territory belongs originally to the nation, which has the right to transfer their ownership to private parties, thereby creating private property. Expropriation may only take place for reasons of public utility and with compensation. The nation holds direct ownership of natural resources, whether below or above the land, and the article regulates land tenure, ejidos and communal property, and the use of the resources of the nation.
  • Article 28Prohibition of monopoliesProhibits monopolies, monopolistic practices, state-granted exclusive rights (estancos), and the forgiveness and exemption of taxes, in the terms and conditions set by the laws. Establishes that the functions the State exercises exclusively in strategic areas — such as postal service, telegraphs and radiotelegraphy, radioactive minerals, lithium and nuclear energy, and the planning and control of the national electric system — do not constitute monopolies. Also establishes that the State has an autonomous central bank.
  • Article 29Suspension of rights due to invasion or grave public disturbanceEstablishes that, in cases of invasion, grave disturbance of the public peace or any other event that places society in serious danger, only the President — with the approval of Congress or of the Permanent Commission — may restrict or suspend, throughout the country or in a specific place and for a limited time, the exercise of the rights and guarantees that are an obstacle to confronting the situation. Certain rights, such as the right to life, non-discrimination and the prohibition of slavery and torture, may never be restricted or suspended.
  • Article 30Acquisition of Mexican nationalityDefines the two ways Mexican nationality can be acquired: by birth and by naturalization. Mexicans by birth are those born in the territory of the Republic whatever the nationality of their parents, those born abroad to a Mexican mother or father, and those born aboard Mexican vessels or aircraft. Mexicans by naturalization are foreigners who obtain a naturalization certificate from the Ministry of Foreign Affairs, and foreigners who marry a Mexican, establish their residence in the country and meet the other requirements set by law.
  • Article 31Obligations of MexicansEstablishes the obligations of Mexicans: to be responsible for ensuring that their children or wards under eighteen attend school to receive compulsory education; to receive civic and military instruction; to enlist and serve in the reserve corps; and to contribute to public expenditure of the Federation, the states, Mexico City and the municipality where they reside, in the proportional and equitable manner established by the laws.
  • Article 32Mexicans by birth only, dual nationality, and Mexicans over foreignersProvides that the law regulates the exercise of the rights granted to Mexicans who hold another nationality, and sets rules to avoid conflicts arising from dual nationality. The offices and functions for which the Constitution requires being Mexican by birth are reserved to those who hold that status and have not acquired another nationality. In peacetime no foreigner may serve in the armed forces or in the police, and Mexicans are preferred over foreigners, all else being equal, for all classes of concessions and government posts.
  • Article 33Foreigners, expulsion, political affairsDefines foreign persons as those who do not have the qualities set out in Article 30, and establishes that they enjoy the human rights and guarantees recognized by the Constitution. The federal Executive may, after a hearing, expel foreigners from the national territory on the basis of the law, which regulates the administrative procedure. Foreigners may not in any way involve themselves in the political affairs of the country.
  • Article 34Definition of Mexican citizensEstablishes that citizens of the Republic are the men and women who, holding Mexican nationality, are at least 18 years old and have an honest way of living.
  • Article 35Rights of citizensEstablishes the rights of citizens: to vote in the popular elections of the country; to run for any elective office under conditions of parity; to associate freely to take part peacefully in the political affairs of the country; to take up arms in the armed forces or the reserve corps; to exercise the right of petition; to be appointed to any public office or commission; to initiate laws; to vote in popular consultations; and to take part in recall-of-mandate processes.
  • Article 36Obligations of citizensEstablishes the obligations of citizens of the Republic: to register in the municipal property roll and in the National Registry of Citizens; to form part of the reserve corps; to vote in elections, popular consultations and recall-of-mandate processes; to hold the elective offices of the Federation or of the states; and to serve in the municipal council posts of their place of residence, as well as in electoral and jury duties.
  • Article 37Loss of nationality and citizenshipEstablishes that no Mexican by birth may be deprived of their nationality. Mexican nationality by naturalization is lost by voluntarily acquiring a foreign nationality, by passing oneself off as a foreigner in a public instrument, by using a foreign passport or noble titles that imply submission to a foreign State, or by residing abroad for five continuous years. Mexican citizenship is lost, among other cases, by accepting or using foreign noble titles or decorations, by voluntarily serving a foreign government without the permission of the federal Executive, or by helping a foreigner or a foreign government against the nation in a diplomatic claim.
  • Article 38Suspension of rights or prerogatives of citizensEstablishes the cases in which the rights or prerogatives of citizens are suspended: unjustified failure to comply with the obligations of Article 36; being subject to criminal proceedings for an offense punishable by imprisonment; while serving such a sentence; habitual vagrancy or drunkenness; being a fugitive from justice; an enforceable judgment imposing that suspension; and a final conviction for certain intentional offenses, such as those against life and bodily integrity, sexual offenses, family violence and gender-based political violence against women, as well as being declared a delinquent alimony debtor. The law sets the cases in which citizens’ rights are lost or suspended and the manner of rehabilitation.