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Mexico: Constitutional Reforms to Fight Human Trafficking

(July 25, 2011) On July 14, 2011, Mexican President Felipe de Jesús Calderón Hinojosa issued a decree to amend articles 19, 20, and 73 of the Federal Constitution. Under the amended second paragraph of article 19, the crime of human trafficking is added to the list of crimes for which a judge will order, sua sponte, the preventive detention of the alleged offender.

In addition, paragraph C (V) of article 20 of the Constitution is amended to include, among the rights accorded to victims and other persons harmed by the crime of human trafficking, the right to protection of their identity and personal data, in compliance with the minimum safety measures required in criminal proceedings.

Finally, Part XXI of the second subparagraph of article 73 of the Constitution newly empowers the Federal Congress to issue federal laws on human trafficking.

The Decree came into force the day after its official publication; that is, on July 15, 2011. (Decreto por el que se reforman los artículos 19, 20 y 73 de la Constitución de los Estados Unidos Mexicanos, DIARIO OFICIAL DE LA FEDERACIÓN (July 14, 2011).)