53
existence of a federal legal order and different local ones does not imply that they have to
be identical, because their spheres of validity are different.” It also indicated that “the
interpretation of the Constitution admits the possibility that, if the Legislature so decides,
options other than the exclusive postulation of candidates for public office by the political
parties may be established; this is a decision they are empowered to make, which does not
imply that the option in force at the federal level is contrary to the Constitution or to the
international treaties that Mexico has ratified […],” and that, in Mexico, the electoral law
“establishes for everyone equally and without any basis for affirming the existence of
discrimination, that it corresponds to the political parties to postulate candidates, without
requiring that the citizens postulated must be members of those parties.” Lastly, it
concluded that “to ensure the equal protection of human rights, the State may establish
differences between distinct situations and establish categories for certain groups of
individuals, provided that it seeks a legitimate purpose and that the classification is
reasonable and related to the purpose sought by the legal order,” and this premise is
complied with in the instant case, because “the regulation of the exercise of the right to be
elected, with regard to the participation of candidates for elected office in the federal
elections with the support of political parties, is based on the State’s legitimate interest in
guaranteeing a minimal organization and planning of political representation, and not on
any individual characteristics such as race, gender, religion, etc., so that it cannot be
affirmed that human rights have been violated” in this case.
209. The Court has established that the alleged victim, his next of kin or his
representatives may invoke different rights to those included in the Commission’s
application, based on the facts presented by the Commission (supra para. 138). The fact
affirmed by the representatives that independent candidacies are allowed in certain states
of Mexico was not mentioned in the application brief. However, this is a fact that is stated as
an example in its arguments and the State did not contest it. Hence, the Court will continue
with its findings in this regard.
210. Article 24 of the Convention establishes that all persons are equal before the law.
Consequently, they are entitled, without discrimination, to equal protection of the law.
211. The Court has stated that it cannot be considered that every difference in treatment,
in itself, violates human dignity.68 The Court has also distinguished between distinctions and
discriminations, so that the former are differences that are compatible with the American
Convention because they are reasonable, proportionate and objective, while the latter are
arbitrary differences that lead to the detriment of human rights.69
212. The Court finds that local and federal elections cannot be compared, so that it is not
possible to conclude that the differences in the way they are organized are discriminatory
and violate the right to equality before the law, established in Article 24 of the American
Convention.
*
*
*
68
Cf. Proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica. Advisory
Opinion OC-4/84 of January 19, 1984. Series A No. 4, para. 56; Juridical Condition and Human Rights of the Child.
Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17, para. 46; and Juridical Condition and Rights of the
Undocumented Migrants. Advisory Opinion OC-18/03 of September 17, 2003. Series A No. 18, para. 89.
69
Cf. Juridical Condition and the Rights of the Undocumented Migrants, supra note 68, para. 84.
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