Individual Guarantees

Name given by the CPEUM to the guarantees of protection of the rights of the individual recognized and protected in its First Chapter. They arise as limits to the actions of public authorities. The amparo trial is constituted as one of the means to defend violations of the individual guarantees of every individual.

Carbonell (2004: 6-14) establishes the difference between human rights, fundamental rights and individual guarantees. He considers that this last term is misused if what is intended is to refer to the rights of the individual, which he exemplifies through a case of private law, establishing that the content of an obligation is confused (for example, delivering a good in a purchase contract) with the guarantee (for example, guarantee or mortgage) that is established in case of default. This same author establishes that fundamental rights are the human rights that are provided for in the constitutional text and in international treaties, while human rights constitute a broader category. In this sense, individual guarantees are, as has been said, not the rights themselves, but the constitutional protections that are intended to guarantee them.

Regarding the scope of individual guarantees, the First Collegiate Court in Administrative Matters of the First Circuit (Amparo under review 597/73) has established that:

“The constitutional guarantees should not be taken as a rigid, invariant and limiting catalog (sic) of rights granted to the governed, which should be interpreted by the amparo courts in a rigorous manner, because this distorted the very essence of said guarantees. Rather, it should be considered that these are living principles or guidelines and subject to the evolution of social needs, within the spirit that encouraged the Constituent Assembly to establish them. Otherwise, the essential function of the constitutional guarantees and the amparo trial would be undermined, by understanding and applying them in a way that made the governed feel oppressed, and limited in the defense of their rights, instead of making the atmosphere of right and freedom that with these guarantees it was intended to establish in the country. It would not be possible to apply in the current political, economic and social complexity of a changing environment, literal rigorisms of norms that contain general principles and ideas, but that could not always necessarily foresee the consequences of said principles.”

Social Guarantees

They are the constitutional guarantees that protect the social (and economic) rights of the individual.

As the 19th century developed, liberal constitutionalism in different Western countries incorporated some of the civil and political rights outlined in the classic documents on the "rights of man" of the late 18th century. It was not until the end of the second decade of the 20th century that some constitutions –the Mexican, the Soviet and the German, specifically– began to include, as rights of the individual, some of the demands of a social nature that had begun in the previous century. to raise certain sectors of society, in particular the emerging labor movement.

The CPEUM of 1917 was a pioneer in this sense, by accommodating the eminently social demands that motivated the Revolution and incorporating –together with the so-called individual guarantees, related to civil and political rights characteristic of liberal constitutionalism (see Individual guarantees)– social guarantees, among which those related to agrarian distribution and workers' rights stand out. Subsequently, "social constitutionalism" continued to develop in our country through the definition of democracy as a system that seeks the constant economic, social and cultural development of the population, and the incorporation of guarantees related to the right of every individual to education, to the right to health, to the protection of the family (patrimony, housing and salary sufficient to satisfy their needs), and the rights of boys and girls to food, health, education and healthy recreation for their development integral (see García Ramírez, 2002: 25-28).