Joint Cases for the Protection of the Political and Electoral Rights of the Citizen
Mexico Federal Electoral Tribunal
Case No. SUP-JDC-12624/2011 and Others
- Written by Mary Katherine Cunningham, JD
Facts
In November 2011, 10 women submitted a special action to the Federal Electoral Institute seeking the protection of their political and electoral rights. The women also sought the invalidation of Article 13 of an act of the Federal Electoral Institute (the act) listing the requirements for candidate lists for various elected position in the 2011–2012 federal elections. Article 13 of the act provided that that no candidate lists from political parties or political coalitions derived from qualified majority or through a method of proportional representation could include more than 60 percent male or female candidates. The provision excluded lists derived from a relative majority from the rule on gender. For parties and coalitions submitting lists from a qualified majority or through proportional representation, Article 13 required these parties to submit up to 180 deputies or 38 senators of the same sex. Article 13 further provided that parties choosing candidates through a method of proportional representation must submit lists of five candidates comprising at least two candidates of the same gender and that these parties must provide two candidates of each sex for the senator lists. The women argued these rules violated Articles 1, 4, 16, and 41 of the Mexican constitution and Article 219 of the Federal Code of Electoral Institutions and Procedures. The women argued Article 13 of the act limited their ability to register as candidates in elections because the act failed to provide sufficient clarity and certainty in its gender quota. The women also argued they could lose the possibility of being nominated as substitute candidates under the act if the prior candidate was male.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.