An analysis of the budgetary situation for comprehensive repair
The Miguel Agustín Pro Juárez Human Rights Center (Centro Prodh) and the Fundar Analysis and Research Center have filed an urgent appeal addressed to the Supreme Court of Justice of the Nation (SCJN). The central objective of this action is to guarantee a minimum financial allocation, specifically intended for the assistance, care and comprehensive reparation of victims in Mexico. According to the arguments of these civil society organizations, this fundamental right was severely violated after the modification to the General Victims Law (LGV), sanctioned in November 2020.
Before this legislative reform, the legal framework explicitly stipulated an irreducible budgetary amount for victim care. This item was exactly equivalent to 0.014% of the programmable expense within the Federation Expenditure Budget, constituting a concrete financial guarantee. The elimination of this provision has generated a critical financing gap, with direct repercussions on the operation of the responsible institutions.
The discussion in the highest court and its possible effects
The SCJN is facing a decision of great significance. On November 18, the plenary session of ministers will analyze a draft general declaration of unconstitutionality, prepared by Minister Giovanni Figueroa Mejía. The resolution that emanates from this jurisdictional debate has the potential to restore the fixed and labeled financing mechanism for the Executive Commission for Attention to Victims (CEAV). This determination is not merely procedural; represents a historic opportunity to reestablish an essential pillar in the effective protection of thousands of people affected by violence and human rights violations in the country.
The petitioning organizations have highlighted that the 2020 reform eliminated a fundamental achievement of the victims’ movement, which has directly and negatively impacted the institutional capacity of the Mexican State to provide assistance, protection and comprehensive reparation. It is crucial to remember that, in March 2024, the First Chamber of the SCJN itself set a significant precedent. By unanimously resolving Amparo en Revision 675/2022, the court declared that the elimination of the budget guarantee was regressive and unjustified in nature, thus establishing a solid legal basis for the restitution of these resources.
The quantitative impact and the crisis context
According to the investigations and budget monitoring carried out by Fundar and the Prodh Center, the Executive Commission for Attention to Victims (CEAV) has stopped receiving an estimated average of 200 million pesos annually since the reform came into force. This financial loss has severely and tangibly limited the agency’s response capacity, directly affecting victims of serious crimes and human rights violations who depend on its services.
For fiscal year 2026, the federal budget project contemplates an allocation of 692 million pesos for the CEAV. However, if the mandatory minimum percentage criterion in force before 2020 were applied, the allocation should amount to at least 913 million pesos. This financial gap of more than 200 million pesos shows the dimension of the deficit and the lack of protection generated.
The resolution adopted by the Court will, therefore, be crucial to stop the regressivity in the rights of victims. This scenario develops in a national context characterized by increasing violence and a structurally weakened National Victim System. The new composition of the SCJN has the responsibility of sending a strong message, prioritizing victims and ensuring full protection of their constitutional human rights. As the organizations concluded, this is a definitive test for the Mexican justice system.
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