President Enrique Peña Nieto led the National Day against Homophobia at the Los Pinos Residence. 

“I confirm my recognition of your commitment to human rights and non-discrimination on the grounds of sexual orientation or preference, or gender identity.”

The president listened attentively to the speakers’ proposals.

“I take note of the proposals put forward here. I confirm my government's commitment to non-discrimination and to building a truly inclusive Mexico, in which everyone can fully exercise their rights.”

He instructed the Interior Ministry and the National Council to Prevent Discrimination, together with the appropriate agencies, to analyze each of the proposals and, where appropriate, undertake the necessary actions to address them.

Four decisions

The first package of reforms submitted to Congress, stemming from the recommendations of the Dialogs for Everyday Justice, suggests identifying and amending Mexican legal standards with discriminatory content.

This led to four presidential decisions:

First. During this event, a bill to sign the amendment to Article 4 of the Constitution was signed to clearly incorporate the decision by the Supreme Court of Justice to recognize as a human right people’s ability to marry without discrimination.

In other words, marriages should be able to be entered into without discrimination based on ethnic or national origin, disability, social status, health conditions, religion, gender or sexual preference.  Thus, same-sex marriage would be made explicit in the Constitution. 

“I do so with the conviction that the Mexican State must prevent discrimination for any reason and ensure equal rights for all people.”

Second. A bill to amend the Federal Civil Code was submitted to ensure equal marriage, so that it can be entered into without discrimination between persons over 18, in line with the provisions of the General Law on the Rights of Children and Adolescents. 

This reform proposal modernizes the language of the Federal Code in order to avoid the discriminatory expressions it still contains. It also enables consuls, in their capacity as Civil Registry judges, to issue new birth certificates to recognize gender identity. 

The Ministry of Foreign Affairs received instructions to take the necessary steps to ensure that, in the passport application process, birth certificates recording a change of sex are recognized and accepted with no type of distinction.

Third. The President’s Legal Counsel, in conjunction with the institutions that participated in the Dialogs for Everyday Justice, will identify any other federal, state or municipal law that might imply any form of discrimination, in accordance with the criteria of the Supreme Court of Justice.

In order for this diagnosis to be democratic and inclusive, a microsite will be created in the president’s website to receive citizen proposals. These will be analyzed by the Legal Counsel, the CIDE and the UNAM Institute for Legal Research in order to propose the legal changes required to eliminate discrimination.

In the event of local or municipal regulations, the authorities will be informed of the government’s orders so that they initiate a reform process.

 “The participation of everyone of you in this effort is crucial. I invite you to form part of this initiative.”

Fourth. As an actor with global responsibility, Mexico will form part of the United Nations Core Group on Gay, Lesbian, Bisexual, Transgender or Intersex Persons, with the participation of 19 countries from different regions, to promote their human rights internationally.