The Court invalidates "honest mode" and title requirements to direct indigenous attention

The Plenary of the Supreme Court of Justice of the Nation (SCJN) invalidated the “honest way of living” requirement and the demand for a professional degree issued at least five years prior to the appointment to hold the leadership of the Directorate of Attention for Indigenous and Afro-Mexican Persons of Baja California Sur, for violating the rights to equality, non-discrimination, and access to public office. The resolution of Unconstitutionality Action 124/2025, voted on in the session of August 17, 2026, was published in the Official Gazette of the Federation on Tuesday, November 3, 2026 (Publication No. 300/2026), along with the dissenting opinions of ministers Sara Irene Herrerías Guerra and Lenia Batres Guadarrama and the concurring and dissenting opinion of minister Arístides Rodrigo Guerrero García.

The origin: a state law challenged by the local commission

The action was promoted by the State Human Rights Commission of Baja California Sur, whose head, Charlene Ramos Hernández, challenged Article 99, fractions I —in the portion “with an honest way of living”— and II of the Law on the Rights of Indigenous and Afro-Mexican Persons, Peoples, and Communities of Baja California Sur, issued via Decree 3162 and published in the local official bulletin on October 30, 2025. The lawsuit was admitted on December 4, 2025, and the instruction closed on March 24, 2026; the rapporteurship corresponded to minister Yasmín Esquivel Mossa, with Guadalupe de la Paz Varela Domínguez and Rodrigo Arturo Cuevas y Medina as secretaries.

The court noted that the law itself requires, in its Article 98, that the leadership be held by an indigenous or Afro-Mexican person “who has excelled for the benefit and in favor of the causes of vulnerable groups,” and that Article 99, fraction III, requires proof of extensive knowledge and experience in the defense of those rights.

An open concept and an educational barrier

Regarding the “honest way of living,” the ruling described it as an ambiguous expression that is difficult to assess, lacking objective parameters, which allows for the incorporation of prejudices and personal valuations in access to a public office. The ruling recalled jurisprudence P./J. 2/2023 (11a.), published in May 2023 (registry 2026504), which had already prohibited authorities from requiring this quality.

Regarding the degree requirement of five years’ seniority, the Plenary concluded that the requirement bears no objective or reasonable relationship to the profile of the position and operates as a barrier of indirect discrimination within a context of structural educational inequality. It emphasized that the duties of the Directorate—institutional representation, policy coordination, promotion of rights, and direct care—demand contextual knowledge, community trajectory, and social dialogue, rather than formal technical specialization.

Divided Vote and Extension to Municipalities

The resolutions were approved with different majorities:

• Article 99, fraction I (“honest way of living”): seven votes; against, Herrerías Guerra and Batres Guadarrama.
• Article 99, fraction II (degree with five years): eight votes; against, Batres Guadarrama.
• Invalidity by extension of Article 102, fraction I: seven votes; against, Herrerías Guerra and Batres Guadarrama.
• Invalidity by extension of Article 102, fraction II (“certificate of studies not lower than high school level”): six votes; against, Batres Guadarrama, Ortiz Ahlf, and Guerrero García.

The extension reaches the requirements for appointing municipal directorates for the care of indigenous and Afro-Mexican people, as they reproduce the same flaws. Chief Justice Hugo Aguilar Ortiz announced a concurring vote, and the general secretary of agreements, Daniel Álvarez Toledo, certified the text on September 30, 2026.

Effects and Scope of the Sentence

The declarations of invalidity will take effect upon notification of the resolutive points to the Congress of the State of Baja California Sur, such that Articles 99 and 102 must be read without the annulled portions. The resolution orders its publication in the Official Gazette of the Federation (Diario Oficial de la Federación), the Official Bulletin of the State Government, and the Judicial Weekly of the Federation and its Gazette.

The precedent sets a clear limit: congresses may require academic preparation for certain positions, but they may not use indeterminate moral concepts or educational filters that, in practice, exclude those who possess community legitimacy. In a country where indigenous and Afro-Mexican people face historical gaps in access to higher education, the decision reorders the designation criteria for the bodies that represent them.

Source: Official Gazette of the Federation, No. 300/2026, November 3, 2026, p. 44 (official reference: Publication No. 300/2026).