historian Jorge Traslosheros analyzes the scope of constitutional reform. Constitutional reform in human rights approved by the federal legislature this week in Mexico, has a number of points that have not been sufficiently clarified even by the political parties that led to debate in both chambers.
Following the analysis, from the Catholic point of view, think of this initiative, ZENIT-The Observer has interviewed Dr. Jorge Hernandez Traslosheros.
Traslosheros Hernández holds a doctorate in Latin American Studies with a major in history from Tulane University. He is a researcher at the Institute of Historical Research of the National Autonomous University Mexico and the National System of Researchers.
He specializes in the history of justice and is today one of the leading voices of Mexican Catholicism in debates like the one that has emerged since the reforms to the Constitution's Rights Human and Religious Liberty.
- In your opinion, constitutional reforms are more lights or more shadows?
Traslosheros Jorge: I think your lights are larger than their shadows, facing the development of civil society only can occur in a democratic environment. This, it is very clear, operates for the benefit of the action of the churches without exception, a very special way the Catholic Church.
- From whence comes this reform?
Jorge Traslosheros: The cornerstone of reform is, in my view, two fundamental changes. One, which raises human rights under international law to constitutional status. Two, that the Mexican Constitution fails to "give" rights and now "knows", forcing the Mexican government to promote, respect, protect and safeguard in accordance with the principle of broad interpretation, that is, according to the greatest possible benefit to the person as marking the international law of human rights.
this logic, we may speak of a humanistic reform. By the same token, I was surprised by the relative indifference with which it was received in the media, academics and intellectuals because, in fact, substantively transformed the Mexican constitutional order.
- Why the Bishop's Conference Bombay was received with such joy?
Jorge Traslosheros: To reform the Catholic Church is of particular interest. Its mission is to proclaim the Gospel, which necessarily leads Catholics to engage in various activities, from action to contemplation contemplative in action so to speak in terms of religious practice. Thus, human rights, which derive from natural law, are the stuff of Catholic culture in particular and Christianity in general.
Now you can have more instruments of international law to support the development of the rights of persons so closely linked to the Gospel. This is clear. If Christ spoke the fullness of our humanity, the natural rights of mankind are not outside the Church alike of Catholics and non Catholics. For the Church, the foundation of human rights is the natural law, which does not depreciate at all social consensus, but it gives definitive guidance.
- Do you think that this reform the Catholic Church regains his right to appear and be linked to public life in Mexico?
- Jorge Traslosheros: The action of the Church, lay and clergy alike, on matters such as the right to life from conception to natural death, marriage between man and woman, family, adoption, indigenous, workers, farmers, undocumented migrants, women , machismo, education and a very long list, should benefit by having better legal tools for action is now fully incorporated Mexican constitutional order. Huge thing! The example of Father Solalinde in Oaxaca, whose action on behalf of Central American migrants is strongly supported by the Church, can shed light on what we say as much as the struggle for life.
In fact, for many years, Catholicism has developed a great movement in Latin America and Mexico, silent and steady, in favor of human rights. A constitutional reform on the scale of the Mexican, I could not but be greeted with joy by the Catholics. That has its shadows and ambiguities, problems of implementation and development, can not be denied. But the news is certainly positive from the perspective of the Church. Just think the issue of development of democracy and religious freedom in Mexico that are closely linked.
- In countries like Mexico, with a long tradition of centralization of power, is not merely an ideal democracy?
Jorge Traslosheros: Democracy, more than an ideal, is a form of coexistence that can solve problems without resorting to slapping, political and cultural system that has become indispensable in societies as complex and diverse as ours.
Democracy will be as strong as involving citizens in its development, to leave as little space as possible to the whim of politicians. A democracy could not exist without the participation Citizen staff and through the organizations that comprise the intermediate bodies of society, whose range is limited to the common good and imagination. The condition for democracy is that these bodies are independent of the state intermediate, mainly independent of political parties.
This is where reform is transcendent comment. Are human rights as a matter of the person and not the state, allowing the independent development of society, to encourage participation and curb the natural instinct of any authoritarian state and those who manage it, something In Mexico we have for very well known.
- What, all this positive in the exercise of the right to religious freedom?
Jorge Traslosheros: Among the most important intermediate bodies of society in Mexico are the churches. 95% of Mexicans identify with any organized religion in any way to church.
The good news is that the International Law of Human Rights is comprehensive and constructive in terms of religious freedom, where legal our country has serious deficiencies apparent detriment of citizens who profess a faith, lay and religious ministers alike which, in turn, encourages and justifies sacrofóbicas practices in political, intellectual, academic and media that have great impact cultural.
Now, the International Law of Human Rights recognized by the Mexican government on religious freedom, will become part of the constitutional order. This must be very clear, once completed the approval process of reform in state legislatures.
- Many Mexican politicians, including Catholics who say they tend to identify religious freedom with the possibility of going to church without anyone bothering you. But this is an amazing short-sightedness, is not it?
Jorge Traslosheros: Religious freedom is not a religious issue, but human rights strongly impacts the healthy development of civil society and democracy. Has as its foundation the Universal Declaration of Human Rights 1948, Article 18, which affirms the freedom of thought, conscience and religion, and freedom to manifest religion or his belief, individually and collectively, both in public and private, teaching, practice, worship and observance.
instruments in this particular inspired many, to name some of the more relevant we can list: Geneva Convention Relative to the Treatment of Prisoners of War (Geneva, 1949) International Covenant on Civil and Political Rights (New York, 1966) International Covenant on Social, Economic and Cultural Rights (New York, 1966) American Convention on Human Rights (San José de Costa Rica, 1969) Additional Protocol to the American Convention rights human rights in economic, social and cultural rights (San Salvador, 1988), Convention on the Rights of the Child (New York, 1989), Convention on the Protection of the Rights of All Migrant Workers and their Families (New York, 1990), Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (New York, 1981).
- Is not this a classic new reform "enacted but not met" very typical of the laws in Mexico?
Jorge
Traslosheros would be difficult to exaggerate if we say that this framework of protection and promotion is very generous to religious freedom. And this presents a major challenge for the Mexican legal system and protection of human rights. Our religious freedom regime clings to slap with the International Law of Human Rights as noted.
Sooner or later our legislators, and judges have to deal with the problem to make way for a full regime of religious freedom in Mexico, always under the principle of broad interpretation on Human Rights. It is clear that, as always, it depends 99% of the participation of civil society, ie that the churches put the batteries and start the long task of promoting the necessary reforms.
- The Holy Father, Benedict XVI, was very clear on the issue of religious freedom as a way to achieve peace and peace is badly needed in Mexico ...
Jorge Traslosheros: You must be very clear that religious freedom is a good target for a democracy. It strengthens the secular state as it ensures, first, the separation of church and state and secondly, that religions and churches deal with the full rights to their rightful place is civil society.
Churches are living organisms from civil society, the scope is the culture and the better they can develop their work will benefit most from society. Through the churches are handled everyday enormous benefits covering the wide spectrum of social needs, from the most intimate as I could be the relationship with God, even the most mundane like taking a bread in your mouth.
- Some people are against this constitutional reform because, they say there is a potential loss of national sovereignty, the effect of the incorporation of international treaties to the Constitution on human rights. What is your opinion on this subject?
Traslosheros Jorge: I think the criticism is hard to sustain. I frankly do not see where the problems are and I do see that in this, also the Church's action is favored. The definition of sovereignty resulting from the Peace of Westphalia (1648), which reaches its climax with the development of the National State (XIX) is already out of focus.
This idea that sovereignty is held as if it were a fortress of self-management and without outside influence, has long ceased to be true, if it ever was. Today sovereignty is directly linked to the ability of a State to manage its full incorporation into the international order for its citizens. North Korea would be an example of a sovereign state, or Cuba, according to the old definitions, does anyone fancy coming?. I do not want that for Mexico.
Nor can we ignore that this approach is at the root of nationalism that led humanity into two world wars and totalitarianism, to cite two examples among many. If you look carefully, if we were rusty with that of sovereignty, would have to jettison all free trade agreements, for starters. But we must not ignore the fact that the Catholic Church, has fought tenaciously for a long, say the least Benedict XV, who was Pope of the First World War to establish a common law to humanity. For the same reason his tireless support and promotion of International Law and the League of Nations which led to the current UN.
Two examples. The Church is at the root Universal Declaration of Human Rights of 1948, drafted with Jacques Maritain participated so strongly with the outspoken support of Pope Pius XII (a wonderful Papa) and the very creation of the European Union. And if we get to the work of John XXIII, John Paul II and now Benedict XVI would never finish! and, as always, an interview is time limited.
By Jaime Septien
http://www.forumvida.org/sociedad/la-libertad-religiosa-es-un-bien-para-la-democracia
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