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The sum of us

22 December 2010

As of yesterday, a new anti-discrimination ordinance came into effect in the Federal District of Mexico (Mexico City).   From El DeFe and Proceso (my translation), the changes to the existing ordinance (to bring it into line with international standards):

… prohibits any form of discrimination, which means the denial, exclusion, distinction, impairment, denial or restriction of one or more of the human rights of individuals, groups or communities whether as personas fisicas or personas morales*, whether intentional or not, whether by an act of commission or omission,   attributed to ethnic origin; nationality; language; sex; gender; indigenous identity; gender identity; expression of gender role; age; disability; or judicial, social or economic condition.

Also prohibited is discrimination based on physical appearance, health conditions, genetic characteristics, pregnancy, religion, political, academic or philosophical beliefs, identity or political affiliation, sexual orientation or preference, marital status, form of thought, dress, action or gesture; presence of tattoos or body piercings; or any other reason that has the effect of nullifying or impairing the recognition, enjoyment and exercise of the rights, fundamental liberties and equality of people.

Commenting on the new ordinance (which also creates a “decentralized” Commission for the Prevention and Elimination of Discrimination as an independent body within the Federal District’s Secretariat of Social Development), El DeEf’s  Carlos Jesús  writes:

Without a doubt it will not be a easy task: entrenched prejudices and ingrained ideas only can be fought through information. We hope the newly approved commission makes transmitting and sharing this information with those sectors in need of ideological transformation will be a high-priority task for the newly approved commission. Meanwhile, we are called on to reflect, and to remember that respect for all diversity is the keystone of our progress.

I think the Commission is going to have its work cut out for it. It’ll be easy to castigate the nightclub that turns away indigenous tattooed transvestites, but try dealing with the employers who solicit employees every day in the newspapers, specifying not only the gender, but the age and general appearance of job applicants. Still, the first step is defining the terms, and I can’t see any category of human beings that haven’t been overlooked.

* Legal concepts from Roman/Napoleonic law that don’t easily translate into English.   A persona fisica has “natural” or “God-given” rights and obligations as a human being, a personal moral rights and obligations acquired through the law.  If a mugger knocks you down and steals your watch, he has violated your personal fisica in knocking you down (as a human being, you have the right not to be injured) and your persona moral (there’s no inherent right for human beings to own watches, but you have a right under the law to your own property).  The mugger’s persona fisica had an obligation not to knock you down, and his persona moral has an obligation to respect your rights to your watch.

One Comment leave one →
  1. Joel Aldo's avatar
    Joel Aldo permalink
    27 December 2010 9:44 pm

    It will be interesting to see if this law actually has any effect on historically discriminatory industries, like the film industry or the modeling industry. The stories of many good-looking and talented Mexicans being turned down for more ‘european’ looking Colombians, Argentinians, Chileans, etc… is not uncommon.

    I doubt it will do anything except raise a few hairs every now and then.

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