Faced with the argument of violating the right to social reintegration and the presumption of innocence of the sentenced, the Court closes the registry to the public. The vote for its validity will take place on Monday, February 20
The Public Registry of Sex Offenders (RPAS) of Mexico City, created in 2020, violates the right to social reintegration, generates stigma and a double penalty for those sentenced for crimes of femicide, rape, abuse and sexual harassment against children under 12 years of age, sex tourism and human trafficking, as determined by the Supreme Court of Justice of the Nation (SCJN).
Therefore, a majority of eight ministers determined that it should not be public, by invalidating the reforms to the laws of Access to Women to a Life Free of Violence, of the Rights of Girls, Boys and Adolescents made by the local Congress.
In this way, the highest court gave the reason to the National Human Rights Commission (CNDH) and the Human Rights Commission of Mexico City, in the challenges that both bodies formulated via action of unconstitutionality against the reforms considering them unconstitutional.
In a session on Thursday, the president of the SCJN, Norma Lucía Piña Hernández said that the registration in the Public Registry of Sex Offenders, based on the crime committed by people, encourages them to be marked as sexual aggressors in front of society.
“It seems to me, doing a weighting analysis and a proportionality analysis, the measure is constitutionally valid, it is adequate, it is legitimate.”
In his speech before the plenary, Zaldívar pointed out that the registry is an adequate tool so that citizens can be prevented from sexual and gender crimes, “it is logical that the people who are in this registry and who arbitrarily consider that they are there, have the means of defense to enforce them, but of course this registry by itself, It seems to me that it is not unconstitutional, because it is not a penalty but a security measure.”