SCJN prohibited alimony debtors from being candidates in Yucatan

Nine of 11 ministers approved the Sabina Law (Photo: special)

For the first time in history, the Supreme Court of Justice of the Nation (SCJN) declared this Tuesday constitutional the prohibition so that delinquent food debtors can run for positions of popular election in the state of Yucatán, better known as “Sabina Law” .

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It is worth mentioning that this rule also prohibits access to positions in the public administration, as is already done in several entities.

According to Minister Alberto Pérez Dayán, the objective is “to discourage non-compliance with maintenance obligations”, to the detriment, mainly, of creditors.

“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 food debtor to access public office”

Yucatán is the first state to prevent food debtors from participating in state elections (Illustration: Jovani/Infobae)

However, Norma Lucía Piña, Minister President of the SCJN, explained that the restriction “is not absolute”, but that “its update is conditional on the delinquent food debtor canceling the debt”.

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It is worth mentioning that only two of the 11 ministers of the Highest Court voted against the resolution: Javier Laynez and Juan Luis González Alcántara, who agreed with the position of the National Human Rights Commission (CNDH), considering that the rights are violated. to equality and non-discrimination, access to public office, freedom to work and to be voted.

“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,” González Alcántara defended in his arguments.

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The promotion of the unconstitutionality action on June 7, 2022 was criticized by feminist groups, who accused Rosario Piedra Ibarra, head of the CNDH, of protecting food debtors for seeking to invalidate the Sabina Law, and even requested her resignation.

The food debtor is one who has the obligation to provide food (Photo: File)

“Being declared constitutional by the Court, this gives us legal conditions and within the framework of human rights, so that we can block the way for debtors in decision-making and in public spaces,” said Yndira Sandoval, a member of Las Constituents MX, in an interview for Milenio TV.

“Today the SCJN did justice to the children and mothers of this country. No food debtor to public office or as candidates, ”said Diana Luz Vázquez, promoter of the“ Sabina Law ”, through her Twitter account.

A similar decision was made by the ministers in October 2022 in the state of Hidalgo, but this restriction was only defined for public appointment positions in the state administration and commissioners of the local transparency body.

Facade of the SCJN, in the Historic Center of CDMX (Screenshot: Google street)

On the other hand, the SCJN also invalidated this Tuesday provisions of the Electoral Law of Nuevo León, which prohibited the use in political propaganda of any allusion to the private life of the candidates, offends or defames or denigrates political parties, public institutions or private and third parties, considering that they limit freedom of expression.

“The restriction on propaganda related to expressions that denigrate institutions and political parties does not find support in the sixth article of the Constitution. They should only refrain from expressions that denigrate natural persons, according to various presidents / as well as refrain from hate speech, of course / restricting the expression of candidates is limited to public debate since this requires that parties and candidates freely choose in the most effective way of transmitting their message and questioning the existing public order,” said Minister Margarita Ríos Farjat, speaker on this matter.

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