NON-JURISDICTIONAL AND SECTORAL PROTECTION OF HUMAN RIGHTS: REFLECTIONS ON THE RIGHT TO AN ADEQUATE HOUSING IN MEXICO

Abstract

The purpose of this paper is, firstly, to show that the non-jurisdictional protection of human rights branches into two ways depending on the amount of basic liberties that it protects, in a way that there are a generalized and a sectoral protection. In this order of ideas, this document analyzes the different points of view that exist within the academic doctrine around this issue, both those that are in favor of a sectoral protection, and those who do not agree with it. Secondly, based on the assumptions obtained from the first analysis, this research positions the right to an adequate housing as an example on which the sectoral protection can be applied in Mexico, especially due to the absence of guarantees and the lack of justiciability mechanisms on the Economic, Social and Cultural Rights, since the value of a right depends on the guarantee it has. The foregoing ideas consider the different paradigms that exist in the world, as well as the historical background on this matter and, to a lesser extent, the current institutional references within the Mexican legal system.