Supreme Court of Mexico prevents alimony debtors from accessing public positions

The Supreme Court of Justice of the Nation (SCJN) of Mexico confirmed this Tuesday the prohibition so that debtors of the payment of alimony can access public positions, and for the first time, those of popular election.

It was with a majority vote of the plenary session of the Supreme Court that a law of the Mexican state of Yucatansoutheast of the country, which vetoes elected and appointed positions to people who “they have not paid the maintenance obligations to which they are subject on time”.

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This is the first time that the measure has been applied to candidates for a popularly elected public office, but it also includes aspirants to hold public offices and the presidency of the state Human Rights Commission.

Said commission was the instance that challenged this measure, considering that the rights of equality and non-discrimination of access to public office, freedom of work and to be voted are violated.

”The measure has a constitutionally legitimate purpose because it seeks to guarantee and protect the right to maintenance by restricting the right of the delinquent maintenance debtor to access public office.”, said the minister of the SCJN Alberto Perez Dayan.

In addition, he maintained that the purpose of the norm is “discourage non-compliance with maintenance obligations”, to the detriment, mainly, of creditors.

However, Pérez Dayán explained that the restriction “is not absolute“, but “Its update is conditional on the delinquent food debtor canceling the debt”.

Only two of the 11 justices of the Supreme Court voted against the resolution: javier laynez Y Juan Luis Gonzalez Alcantarawho agreed with the position of the state Human Rights Commission, estimating that the rights to equality and non-discrimination, access to public office, freedom to work and to be voted are violated.

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”Being or not being a delinquent food debtor is in no way related to the qualities to hold the positions to which independent candidates aspire”, defended González Alcántara in his arguments.

A similar decision was taken by the ministers of the Mexican Supreme Court in October 2022 in the state of Hidalgo (center), but this restriction was only defined for public appointment positions in the state administration and commissioners of the local transparency body.

Source: Elcomercio

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I am Jack Morton and I work in 24 News Recorder. I mostly cover world news and I have also authored 24 news recorder. I find this work highly interesting and it allows me to keep up with current events happening around the world.