Abstract

LUCERO VARGAS, Chantal. Last paragraph of article 32 constitutional. Their discrepancy with the international standards of human rights in relation to the right to equality and non-discrimination. Bol. Mex. Der. Comp. [online]. 2019, vol.52, n.154, pp.383-407.  Epub May 12, 2020. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2019.154.14147.

This article presents, through the proportionality test, an analysis in relation to the last paragraph of the Article 32 of the Constitution and its discrepancy with the right to equality and non-discrimination contained, both, in the Constitution and in the international treaties on human rights which the Mexican State is part of. The foregoing is thus this paragraph expresses a preference of the Mexican citizen over the foreigner citizen, in equal circumstances for all kinds of jobs, positions or government commissions in which the quality of citizen is not indispensable. The foregoing does not mean that States cannot make distinctions between their nationals and foreigners under their jurisdiction, however, these distinctions -or restrictions- must be justified, otherwise, it would become an arbitrary measure and, consequently, a discriminatory one.

Keywords : Right to Equality and Non-Discrimination; Proportionality Test; Human Rights.