Felipe de la Mata Pizaña
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Mexican Electoral Judge
The Federal Electoral Court (TEPJF acronym in Spanish) is the constitutional judiciary electoral institution in Mexico. It has the function of protecting the electoral-political rights of the citizens and other human rights when they are exercised in the political arena.
The Supreme Chamber is the highest ranking court within the TEPJF. It is composed by 7 judges appointed by the Mexican Senate through a qualified voting. Judge Felipe de la Mata Pizaña was appointed in 2016 as a member of the Supreme Chamber of the Federal Electoral Court. He will be serving as a Judge till 2025.
Education[edit]
He studied law at the Escuela Libre de Derecho (1995); then he achieved a Masters degree, also in law at Universidad Iberoamericana (2001) and he later became a Doctor in Law, cum laude by the Universidad Panamericana (2009) and a Doctor in Rights and Liberties, also cum laude by the University of Castilla-La Mancha (2015). He also has a postgraduate degree in Commercial Law by the Escuela Libre de Derecho (2000); and a got a degree for completing the following special courses: VIII Postgraduate Law Courses at the University of Salamanca (2001) and the postgraduate course “ Justicia Constitucional: teoría y práctica actual” en la Universidad de Castilla-La Mancha (2006).
Professional Development[edit]
Judge Felipe de la Mata has had a judicial career at the Federal Electoral Court for more than two decades. He began as a Second Project Secretary (1997); Managing Secretary and Account and Study Secretary at the Supreme Chamber of the Federal Electoral Court (1998-2007); General Coordinator of Advisors at the TEPJF (2011-2013); General Secretary of Agreements at the Supreme Chamber of the TEPJF (2013-2014) and founding judge of the Specialized Regional Chamber at the said institution (2014-2016).
Academic Career[edit]
He has been leading professor of several courses in both graduate and postgraduate degrees at the Universidad Panamericana, the Universidad Iberoamericana and the Facultad de Derecho of the National Autonomous University of México.
Relevant Jurisdictional Criteria[edit]
In his professional career he has aided in the development of multiple jurisdictional criteria, regarding specially the protection of constitutional principles, democracy and the guarantee of political and electoral rights of minorities and historically excluded groups. Regarding a more inclusive democracy, the Supreme Chamber pushed forward the guarantee of the right to vote for imprisoned people who had not been sentenced. This straightens the presumption of innocence principle. They also ruled that people with more than one nationality can participe as authorities in the electoral process, despite what its stated in the Mexican electoral law. Also, he drafted the project approved by the majority of its colleagues regarding the acceptance of a more ample catalogue to prove the migratory status of Mexicans abroad and in addition, aided in revoking the candidature of a federal representative because he failed in prove he lived abroad. As part of a more inclusive democracy, the Chamber ruled that the registry formats must include a third box for people who identify as non binary, as well as a mandate for other electoral authorities and political parties to publish guidelines in order to include affirmative actions for no binary and trans people. Finally, as a measure to protect the privacy of all people the Court stated that the Federal Electoral Authority is not obliged to publish the names of the people that were chosen through an affirmative action on sexual diversity.
They has also pushed forward a more advanced protection regarding the workplace rights of elderly people stating that in their case, the presumption of vulnerability has double reinforcement, one as an elder, and the other as a worker and because of that, their demands will be reviewed taking heightened account of the principles of equality, non discrimination, special protection and presumption of vulnerability. These criteria produced Thesis XI/2017.
In the matters of freedom of speech, he pushed forward rulings that protect press freedom within electoral contexts, such as the prohibition for political parties to use the image of a journalist in their advertising without justification, since this goes beyond the limit of freedom of expression. Also, the Chamber stated that journalism has a heightened legal and constitutional protection derived from its function as a main axis in the free flow of ideas and opinions in a democratic regime and that journalists and media outlets are free to define the news they will publish, its format and the outlets they will use and the imposition of parameters regarding these elements constitutes censorship. Then, they stated that political parties are banned from using news as propaganda, as it can be interpreted that the media is not neutral, Finally, with the majority of the Chamber, he drafted and voted that satire, humour and parody in a political context are protected by freedom of speech and that harsh criticism towards a candidate of political party advanced in talk shows, interviews and other programs does not constitute slander.
Another relevant topic has been woman political and electoral rights. Here, the Supreme Chamber stated the creation of diverse measures to ensure vertical and horizontal parity in executive positions within political parties, including the highest ranking offices as well as in the composition of local electoral authorities, which can be composed entirely by women. Against political violence against women, they have mandate diverse institutions to enforce measures to protect women in the exercise of their political functions in order to avoid physical, sexual, economical, psychological or property damage and, in addition, they ruled that any authority is entitled to ensure measures that protect a victim of political violence against women in any stage of a legal process and within any defense mean and that these acts can be committed by both men and women and thus what must be prosecuted is the act disregarding the genre of the perpetrator. Also, they ordered the National Electoral Institute to create a public registry for people who have committed an act of political violence against women in order to inhibit this kind of violence.
Regarding indigenous people political and electoral rights, they have upheld the conventional right of self-determination, stating that indigenous communities can define their own institutions and thus, the traditional authorities cannot be eliminated as they are recognized in article 2 of the Mexican Political Constitution.
The Supreme Chamber has also enacted a series of criteria to enhance the protection of political and electoral rights of people with disabilities, forcing the Mexican Congress to enact legislation containing measures to ensure people with disabilities the right to vote, to be voted and participate fully in all the stages of the electoral process, also, they ruled that people with disabilities have the right to privacy and the National Electoral Institute has to protect the information of their personal health. Finally, in order to guard the positions reserved to these group, the Chamber stated that people who use the affirmative actions oriented to people with disabilities have to prove their permanent incapacity.
Kids also entail an heightened but recent importance. Before 2015, no one has questioned the participation of minors in electoral propaganda and other electoral matters. But now, because of a series of projects proposed by Judge de la Mata since 2015 and voted in favour by the majority of the Chamber, a full judicial criteria that recognise and protects the best interest of the child has been created. Now, if a child appears in any political propaganda it is necessary to present, previously to its release, an express and acknowledged consent of the child and its parents or guardians and some parameters have to be met beforehand.
Finally, there has been a special interest in the protection of constitutional principles, since they are key to protect the constitutional democracy. In this matter, the chamber has declared the nullity of an election because it was proved that the principle of separation between church and State has been breached. and that the principle of neutrality has to be protected when it comes to the participation of public officers in public events.
Published works[edit]
- A Practical and Theoretical Study on Means of Judicial Redress in Electoral Law - Estudio Teórico Práctico de los Medios de Impugnación en Materia Electoral (Centro de Capacitación Judicial Electoral del Tribunal Electoral del Poder Judicial de la Ciudad de México, México,1997) (in Spanish).
- Judicial Nature of the shared property. From the Napoleonic Code to the current legislation of the Distrito Federal - La Naturaleza Judicial de la propiedad en condominio. Del Código de Napoleón a la legislación vigente en el Distrito Federal. (en Código de Napoleón. Bicentenario, Editorial Porrúa, México, 2005) (in Spanish).
- Conventional Control of the electoral and political rights - Control de Convencionalidad de los derechos político-electorales de la ciudadanía. (Tirant Lo Blanch, México, 2016) (in Spanish).
- The system for protection of the political rights in México. A Handbook. - Manual de protección de los derechos políticos en México. (Editorial Porrúa, México, 2014) (in Spanish).
- Family Law - Derecho Familiar (coauthor with Roberto Garzón Jímenez, Editorial Porrúa, México, 2012) (in Spanish).
- Properties and Federal Taxes - Bienes y derechos reales (coauthor with Roberto Garzón Jímenez, Editorial Porrúa, México, 2020) (in Spanish).
- Domestic Partnerships - Sociedades de convivencia. (coauthor with Roberto Garzón Jímenez, Editorial Porrúa, México, 2015) (in Spanish).
- The Special Sanction Procedure in Electoral Justice - El procedimiento especial sancionador en la Justicia Electoral (coauthor with Clicerio Coello and Gabriela Villafuerte, Tirant Lo Blanch, México, 2015) (in Spanish).
- The Model of Political Communication. A debate. - El modelo de comunicación política a debate. (coord. with Clicerio Coello and Gabriela Villafuerte, Tirant Lo Blanch, México, 2017) (in Spanish).
- A Treaty on Electoral Law - Tratado de derecho electoral (coord. with Clicerio Coello, Tirant Lo Blanch, México, 2021) (in Spanish).
- Perspectives on Electoral Law - Perspectivas del derecho electoral (coord. with Clicerio Coello, Ubijus, México, 2020) (in Spanish).
- Principialist Electoral Justice - Justicia Electoral Principialista (Tirant Lo Blanch, México, 2021) (in Spanish).
References[edit]
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https://www.te.gob.mx/front3/contenidos/index/5#delamata
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