National security and the constitutionality of human rights in Mexico: tensions, balances and opportunities (2011-2025)

Abstract

National security is a controversial legal issue in Mexico, as it is often positioned in opposition to human rights legislation, which acquired constitutional status with the 2011 reform. The main criticisms of national security actions have focused on the ambiguity of this concept, its use to grant broader powers to security forces, particularly the Armed Forces, and its role in justifying various violations or omissions in the protection of these fundamental rights. This systematic review analyzes different legal regulations, academic studies, and reports from national and international organizations in order to understand the plans and policies through which the Mexican State has sought to reconcile the protection of human rights with the strategic guidelines of national security and the actions aimed at achieving public security throughout the country. The findings indicate that there has been a greater level of commitment and significant progress by the four federal administrations between 2011 and 2026 in strengthening respect for and promotion of human rights among law enforcement agencies, particularly through the design and implementation of several measures based on a comprehensive human security approach. However, legal gaps and a lack of effective regulatory mechanisms persist, which continue to generate adverse effects derived from the fight against organized crime, the surveillance of telecommunications, the control of migratory flows, and the protection of information related to public projects.