Mexico State (Mexico) Constitutional Amendment: rights of nature

Summary

On April 22, 2024, the legislature of the State of Mexico – one of the 31 states of Mexico (distinguished from the whole country) – approved amendments to Article 5 and Article 18 of the state Constitution that recognizes nature and biodiversity as subjects of right. The country of Mexico is composed of 32 federal entities: 31 states and Mexico City, an autonomous entity. The states of Mexico are autonomous in all matters concerning their internal affairs, and each state has its own congress and constitution.

The amendment states “In the State of Mexico, Nature or biodiversity, endemic and native species are subjects of rights, which are granted, protected and promoted by the Constitution and the laws of the State of Mexico, at the same level as human rights.” (Article 5). It also states that “Every person has the right to a healthy environment for their development and well-being, as well as in the case of Nature, in order to guarantee the rights to the existence, preservation, conservation, repair, restoration, maintenance, regeneration, care and protection of ecosystems in the State of Mexico for the full development of the biological cycles of all living beings.” (Article 18). This reform will oblige the State of Mexico and it’s 125 municipalities to create a secondary law mechanism and/or protocol that guarantees the care and protection of nature – progressing a new state and national paradigm to protect nature.

The amendment to the Constitution of the State of Mexico was unanimously approved by the local Congress of the State of Mexico. The amendment will now go to the 125 municipalities for a public deliberation period where its members will have 10 days to make their respective assessment. If a majority of local governments are in favor of the constitutional reform, the text will return to the local Congress to be transferred to the Executive Branch and later publication. Once that happens, the second stage will come, which consists of creating a secondary law and/or protocol that allows the concepts of the reform to be specified and materialized – that is, preservation, conservation, repair, restoration, maintenance, regeneration, care and protection of ecosystems.