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Nova scientia

versión On-line ISSN 2007-0705


GARCIA FLORES, Alan Jair. Dogmatic-legal imbrications of the regulatory institutionalization of revictimization in Mexico. Nova scientia [online]. 2020, vol.12, n.24.  Epub 02-Jul-2020. ISSN 2007-0705.

As of the establishment of the guarantee system in Mexico proclaimed by the constitutional reform in academic criminal matters in 2008, the rights of the victim as subject of protection of the State were confirmed, for which, the General Victims Law issued in 2013, in its normative design suffers from precision on the subjects obliged to monitor that the granting of integral reparation is guaranteed as a prerogative inherent to the taxpayer or offended of the crime.

Likewise, it can be seen that in the reform of the aforementioned legal system in 2017, two serious problems are presented, such as the symbolic protection of the participation of civil society in the actions aimed at completing the integral reparation and blurring the suitability of Commissioner's profile Executive of the National Victim Assistance System, since it legitimates the presence of people who do not possess the academic and / or professional bases to certify the integral reparation to those who suffered the effects of punishable behaviors, a circumstance that does not match the guidelines of a Democratic State of Law.

In this situation, the essential elements of traditional public policies are analyzed against public policies with a human rights approach to determine whether, in effect, the current normative design of the state guarantee obligation comprehensive reparation for crime victims is adjusted to the protectionist paradigm promoted through the positivization of human rights in the Political Constitution of the United Mexican States.


The present document contemplates the dogmatic review of the victim law and its historical evolution in Mexico, through the constitutional reforms generated since 1993, as well as the study of the essential elements of integral reparation and its connection with the fundamental right of dignity human consecrated at federal and international level, in order to lay the analytical basis on the institutionalization of revictimization in Mexico on the occasion of ambiguity in the design of the General Victims Law regarding the timely establishment of the legitimate authority to guarantee integral reparation, a circumstance that distorts the manifest obligation of the Mexican State to generate public policies that protect human dignity.


From the perspective of systematic legal and comparative methods, we reflect on the particularities of victim law as a binding point with the essential elements of integral reparation and the concept of revictimization promoted by the Comprehensive Model of Victim Assistance, an end of generate a guiding thread with the explanation about institutionalized revictimization product of the normative ambiguity in the signaling of the subjects obliged to monitor for the fulfillment of the integral reparation by the ministry of the General Law of Victims in their last reform of 2017, circumstance that It does not conform to the postulates of a public policy with a human rights perspective inherent in the glorified protectionist spirit, through constitutional reforms in criminal and human rights matters.


The normative design of the General Victims Law promoted by the Mexican State enshrines an institutional revictimization caused by ambiguity in the precise signaling of the authorities in charge of monitoring the fulfillment of integral reparation, a situation that transcends the fundamental right of human dignity established in Article 1 of the Political Constitution of the United Mexican States; Articles 5.2 and 11.1 of the American Convention on Human Rights; Article 1 of the Universal Declaration of Human Rights; and, article 10.1 of the International Covenant on Civil and Political Rights, substantial elements of International Human Rights Law.

Discussion or Conclusion:

In order to guarantee the effective protection of the fundamental right of human dignity, the Mexican State must specify in numeral 1 of the General Law of Victims, the legitimate authorities to verify compliance with the right to integral reparation, that is, the punctualization of the obligated subjects that must respond for the breach of the legal duty imposed by the ordinance in comment, the Political Constitution of the United Mexican States and the international treaties ad hoc as an irreducible standard of public policies with a human rights approach.

Palabras llave : integral reparation; dignity; victim; public policies with a human rights perspective.

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