LGBT Rights in Mexico - Anti-discrimination Laws

Anti-discrimination Laws

On 29 April 2003 the Federal Congress unanimously passed the "Federal Law to Prevent and Eliminate Discrimination", including sexual preference as a protected category. The law (which went into effect on 11 June 2003) creates the National Council to Prevent Discrimination (CONAPRED) to enforce it. Mexico became the second country in Latin America, after Ecuador, to provide anti-discrimination protection for lesbian, gay, bisexual and transgender people. Article 4 of the law defines discrimination as:

"Every distinction, exclusion or restriction based on ethnic or national origin, sex, age, disability, social or economic status, health, pregnancy, language, religion, opinion, sexual preferences, civil status or any other, that impedes recognition or enjoyment or fights and real equality in terms of opportunities for people."

— Article 4, Federal Law to Prevent and Eliminate Discrimination

Article 9 defines "discriminatory behavior" as:

"Impeding access to public or private education; prohibiting free choice of employment, restricting access, permanency or promotion in employment; denying or restricting information on reproductive rights; denying medical services; impeding participation in civil, political or any other kind of organizations; impeding the exercise of property rights; offending, ridiculing or promoting violence through messages and images displayed in communications media; impeding access to social security and its benefits; impeding access to any public service or private institution providing services to the public; limiting freedom of movement; exploiting or treating in an abusive or degrading way; restricting participation in sports, recreation or cultural activities; incitement to hatred, violence, rejection, ridicule, defamation, slander, persecution or exclusion; promoting or indulging in physical or psychological abuse based on physical appearance or dress, talk, mannerisms or for openly acknowledging one's sexual preferences."

— Article 9, Federal Law to Prevent and Eliminate Discrimination

CONAPRED is an organ of state created by "federal law to prevent and eliminate discrimination", adopted on 29 April 2003 and published in the Official Gazette of the Federation on 11 June. The Council is the leading institution for promoting policies and measures contributing to cultural development and social progress in social inclusion and the right to equality, which is the first fundamental right in the Federal Constitution. CONAPRED is also responsible for receiving and resolving grievances and complaints of alleged discriminatory acts committed by private individuals or federal authorities in carrying out their duties. CONAPRED also protects citizens with any distinction (or exclusion), based on any aspect mentioned in Article 4 of the federal law. The Council has legal personality, owns property, and is part of the Interior Ministry. Technical and management decisions are independent for its resolutions on claims and complaints.

It is unclear if the anti-discrimination policy applies to the Mexican Armed Forces. The Uniform Code of Military justice does not expressly discriminate on the basis of sexual orientation, but openly gay or bisexual servicemen and women are reportedly often harassed and, strongly "encouraged" to resign. The UCMJ does have vague laws against servicemen and women engaging "bad manners" or "immorality", which can used to unfairly punish or otherwise harass gay or bisexual servicemen and women. When asked, several retired general stated that the policy, during their tenure, was to strongly encourage them to resign or to use the vague rules against immorality to remove them on bad conduct discharge.