Abstract

MORALES VEGA, Luisa Gabriela. The right to the truth in serious violations of Human Rights. Case San Fernando, Mexico. Derecho glob. Estud. sobre derecho justicia [online]. 2017, vol.3, n.7, pp.95-116.  Epub Oct 23, 2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v0i7.116.

It is the duty of every democratic State to guarantee the Right to Truth, which derives from national and international legal orders. In spite of its recent determination, this right is very important in allowing the knowledge of events that by their nature deeply offend not only individuals, but society and even humanity itself. In Mexico the main legal guarantee of this right is the General Law on Transparency and Access to Public Information (formerly the General Law on Transparency and Access to Public Information, in force when the case being analyzed was verified), which provides for the publicity of previous inquiries concerning serious violations of Human Rights, since such violations exceed the particular interest for privacy. However, the laconic wording of the legal text does not allow the identification of the authority or body authorized to rate the seriousness of the violations committed, without neglecting the debate on whether it is possible to speak of degrees of seriousness between violations of fundamental rights. The absence of a specific legal attribution to a particular authority or authority annuls the principle of maximum publicity to which government information is subject and obstructs the exercise of the right to the truth that citizenship of every democratic state should enjoy in situations of serious violations of Human rights, such as the massacre that occurred in San Fernando, Tamaulipas in 2010.

Keywords : Right to True; gross violations of human rights; publicity; San Fernando massacre.