Judicial records concerning the birth of a right: the effective remedy as a contribution of the Mexican writ of amparo to the Universal Declaration of Human Rights (UDHR) of 1948


Registration Year: 2015
ID: 126/2015
Institution: Suprema Corte de Justicia de la Nación (Centro de Documentación y Análisis, Archivos y Compilación de Leyes)

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Inscribed on the Memory of the World  International Register and on the Regional Register for Latin America and the Caribbean in 2015, these are judicial records of amparo appeals awarded by the federal courts of Mexico between 1869 and 1935. These records provide evidence of the birth of a legal institution incorporated into the constitutional systems of several countries to protect individual rights. 

The writ of amparo contributed to the inclusion of the right to an effective remedy in article 8 of the Universal Declaration of Human Rights. The scope of protection guaranteed by the writ of amparo, of ancient Spanish origin but developed in Mexico in the 19th century, includes the right to property, public liberties, equality, security rights, and the right to life of both Mexican and foreign nationals.

During the development, deliberations and approval of the Universal Declaration of Human Rights, other proposals regarding the principle of effective remedy were considered. The Anglo-Saxon tradition of habeas corpus appeared too specific, aimed only at physical integrity. The proposal brought by the Mexican delegation prevailed because the amparo remedy works as a judicial mechanism to counteract abuse of power in all its possible forms. This initiative filled a void, and serves as a reminder of the fact that eighty years before the Universal Declaration of Human Rights, the Mexican writ of amparo had emerged as an effective remedy against abuse of power that was trusted by the public even during authoritarian times.