Mediation in the non-jurisdictional human rights protection system in Mexico

Abstract

The main objective of this article has been to analyze the way in which alternative justice is conceptualized and applied, specifically the figure of mediation within the non-jurisdictional human rights protection system, with special emphasis on the State Commissions for the Protection of Human Rights in México. The type of research that was carried out is essentially documentary-explanatory, making use of deductive-inductive methods, legal systematic discursive, dialectical functionalist, synthetic analytical, exegetical and method of legal interpretation. There is widespread misinformation regarding mediation within the Local Commissions for the Protection of Human Rights, finding within the regulatory framework of only five local commissions (Guerrero, State of Mexico, Michoacán, Morelos and Yucatán), an adequate conceptualization, delimitation and implementation of the stages of the mediation process, which results in an inappropriate use of alternative dispute resolution methods, which entails the saturation of the "complaint" process as the "only" means of reaction in terms of protection of governed humans rights against the ruler, making the non-jurisdictional system inefficient. It becomes necessary to standardize the alternative justice criteria for all Human Rights Commissions in our country, a task that the Mexican Federation of Public Human Rights Organizations (FMOPDH) must take on, in order to propose harmonization for the non-jurisdictional system for the protection of human rights in Mexico, adapting and updating the conciliation and/or mediation processes of the organic laws and regulations of said autonomous bodies, in order to respect the stages, principles, characteristics and roles performed by the parts in a true autocompositive process.