The SCJN reviews the decree that protects Frida Kahlo
The Supreme Court of Justice of the Nation (SCJN) will analyze the legality of the 1984 presidential decree that prevents the definitive export of works by Frida Kahlo. The plenary session admitted an injunction from the Ve por Más bank, owner of the oil painting Self-portrait with medallion, painted in 1948. The dispute pits the protection of cultural heritage against the right of private property.
Magistrate Giovanni Azael Figueroa promoted the case to establish whether the restrictions exceed the powers of the Executive. The Court will determine if the decree is constitutional.
Background: the Gelman collection
The review occurs in the midst of the debate over the Gelman collection, which includes 11 works by Kahlo loaned to Banco Santander. The Court’s resolution will set limits for future disputes over cultural property.
The ruling will be key to defining to what extent the State can intervene in the ownership of works considered national heritage.




