Neighborhood organizations advocating for housing rights and those affected by evictions in Mexico City have warned about a draft ruling by Supreme Court Justice María Estela Ríos González that could validate the legality of evicting tenants in the nation’s capital through a court order.

The project resolves the unconstitutionality action 73/2019 , a fundamental case that could define the scope of protection of the right to housing and the human rights of people subject to evictions in the nation’s capital, a matter that could be voted on in the session next Monday.

For this reason, to express their points of view, the organizations and those affected called a press conference this Friday, January 16, at 10:00 a.m. at the Cuba 11 camp, Historic Center of Mexico City.

CNDH challenged reform that allowed “forced evictions”

In May 2019, the Congress of Mexico City eliminated Article 60 of the Law on Human Rights and Guarantees, a catalog of rights that incorporated international standards for the protection of the inhabitants of the country’s capital , a proposal driven by the citizens.

According to the International Coalition for Habitat in Latin America, these standards included guarantees such as the prohibition of forced evictions, the use of public force only as a last resort, non-discrimination, compensation for damages that occurred during an eviction, and the relocation of people in vulnerable situations.

“Its elimination represented a regressive measure, contrary to the principle of non-regression of human rights, which is why the Human Rights Commission of Mexico City filed an action of unconstitutionality asking that the article be restored,” the coalition stated.

For this reason, the National Human Rights Commission (CNDH) challenged the reform, stating that the law violated the principle of progressivity by allowing “forced evictions” that infringe upon the right to decent housing.

Minister proposes validating the legality of evictions in Mexico City through a court order

Now, in her draft ruling, Minister María Estela Ríos González proposed to the Plenary of the Supreme Court to recognize the validity of Article 60 of the Constitutional Law of Human Rights and Guarantees of Mexico City, ensuring that an eviction under judicial mandate and respecting the legal framework is not considered forced.

In her analysis, the report by the presiding minister indicated that the challenged article does not violate the right to housing, but rather establishes minimum guarantees to protect people.

According to the document, the rule ensures that no eviction may be carried out without a duly founded and motivated judicial order; that the right to a hearing and due process must be respected in accordance with the Federal Constitution; and that the authorities must at all times seek mediation and conciliation between the parties.

Furthermore, the presiding minister emphasized that Article 60 provides that people affected by an eviction can request to be included in the housing programs of the capital city government, which reinforces the protection of this human right.

Finally, the proposal argued that the regulation seeks to balance the relationship between owners and possessors, protecting both private property and the legal security of the inhabitants.

With this resolution, it could be established that the legal framework of Mexico City offers adequate means of legal protection against arbitrary interference in the home.

“They could leave thousands of people without protection”: the position of the organizations

In contrast, the International Coalition for Habitat in Latin America accused the draft ruling to be voted on Monday of employing “a very superficial argument,” as it proposes to maintain the article in its current version, leaving thousands of people at risk of losing their homes without explicit protection.

This is despite the fact that the head of government herself, Clara Brugada , has stated several times that it is necessary to guarantee the rights of evicted people and the city is supporting vulnerable people evicted with rent payments.

“The Supreme Court’s decision to reinstate Article 60 in its original version can set a fundamental precedent to prevent forced evictions, guarantee emergency support so that people do not become homeless, and support recent public policies in Mexico City, such as rental assistance and the development of an eviction protocol with a human rights approach,” he said.