The Immediate Horizontal Effectiveness of Human Rights in Amparo Proceedings in Mexico

Abstract

This article aims to examine the scope and limitations of the immediate horizontal effect of human rights within the Mexican legal system, as well as to establish how it operates from a procedural perspective in amparo proceedings. We begin by analyzing the background of the mediated horizontal effect in Germany, where it was established that human rights constitute an objective order of values that permeates the entire legal system. Subsequently, we analyze the direct horizontal effect of human rights. To this end, we examine the concept of the responsible authority for purposes of amparo proceedings, based on the criteria established by the Supreme Court of Justice, with the aim of determining the circumstances under which private parties may be considered responsible authorities for purposes of amparo proceedings. Likewise, we analyze the standards of the Inter-American Court of Human Rights in cases related to the disappearance of persons committed by private parties, but which may be attributable to States. This is because such cases may serve as interpretative guidelines for determining the admissibility of amparo proceedings in special cases involving the disappearance of persons. The results of the study indicate that amparo proceedings constitute a remedy that serves in a restrictive manner to redress human rights violations committed by private parties. This is because they do not recognize power asymmetries as a sufficient element for establishing the admissibility of amparo proceedings against private parties.