Validate dignified death, right to water and medical use of marijuana



The plenary session of the Supreme Court of Justice of the Nation endorsed the various dispositions of the Constitution of the city of Mexico, including the medical and therapeutic use of marijuana.

In solving the unconstitutionality campaign promoted by the Public Prosecutor's Office (PPR), which argued against the powers of the federal sphere, the ministers concluded that in the themes that correspond to dignified death, international treaties and migrant rights, the local normativity is constitutional.

The criterion was extended to the cultural heritage, sexual and reproductive rights, civic justice and the right to water, where virtually unanimously and without debate under the gown approved parts of the project of the Minister Javier Laynez Potisek were approved.

About the medicinal and therapeutic use of marijuana, with eight votes considered as the validity that the local legislator has not affected the federal jurisdiction, because it only states that in Mexico City this use of narcotics is permitted under the General Health Act.

With nine votes in favor of the project, they rejected the argument of the PGR that the concept of "dignified death" refers to assisted suicide and euthanasia, a position that ministers rejected when they considered that international doctrine includes palliative care in this right. people in the terminal phase and improvement of quality standards for the care of these patients.

Has unanimously agreed to the sexual and reproductive rights contained in the Constitution of Mexico City, which states that people "have the right to sex education and comprehensive health services, with full, scientific, non-stereotyped, diverse and secular information".

Ministers reaffirmed the constitutionality of civic justice in the capital with 11 votes, since the legislator did not violate the competence of the Congress of the Union because it transfers the responsibility for the implementation of the meetings to the municipalities and not the basis explains how this should work, faculty of the Federation.

As far as the rights of migrants are concerned, the Court has declared the validity of the capital regulations by a large majority, because although the issue is a federal competence, the local legislator only recognizes the migrants as subjects of rights and has the migration policy that new obligations.

At an economic vote, Ministers agreed that the CDMX is constitutional in order to conclude interinstitutional agreements of an international nature, as they are governed by the Law on the Celebration of Treaties, so that the local government does not seek its own foreign policy. to implement.

As far as the right to water is concerned, they have endorsed the local constitution by a majority of ten votes and stated that when it is stated that the liquid is "inalienable, non-breakable and irreversible", this refers to the human right to water and its sanitation So that does not fall within the federal competence of national waters.

With regard to cultural heritage, they have validated by a large majority the constitutionality of the capital regulations, with the exception of historical and artistic monuments of national importance, as well as archaeological and paleontological, as they fall under federal competition regulations.

Some prescriptions were approved during the session

  • With a majority of eight votes, the plenary session of the Court voted for the medical and therapeutic use of marijuana, laid down in the Constitution of Mexico City.
  • Ministers unanimously endorse the constitutionality of the provisions of the local Magna Carta on sexual and reproductive rights.
  • Considering that the concept of dignified death does not include accompanied suicide and euthanasia, they have agreed with nine votes to the constitutionality of the local command.
  • The plenary assembly endorsed 10 non-violations of the competence of the local congressman in adopting legislation on the right to water, as it refers to human rights.

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