FUNDAMENTAL RIGHTS/HUMAN RIGHTS, THEIR EXERCISE IN PERIPHERAL REGIONS OF MODERNITY: THE CASE OF THE VIOLATION OF HUMAN RIGHTS IN MEXICO (FORCED DISAPPEARANCES)

Abstract

The reflections that are presented in this paper have as a purpose to operationalize the paradox that is reproduced in the Mexican context in terms of the guarantee/violation of Human Rights. On one hand, they are constitutionalized rights; on the other; they are systematically violated, for example, in the permanent reproduction of forced disappearances (2006 – to date). The analysis is based on the systems theory of Niklas Luhmann, and particularly in his reflections on Law, Fundamental Rights and Human Rights. The question that articulates the reflection: how is it possible that in the Mexican context the paradox of guaranteeing/violating Constitutionalized Human Rights is reproduced? -wants to construct a theoretical context that considers that the peripheral communicative regions have structural conditions that accentuate orthogonality, or impossibility of building a direct relationship between the functions of modern society and the structural conditions to respond to said functions. That impossibility is proposed here, in the reproduction of forced disappearances, a phenomenon that questions the State of Law under which the United Mexican States are recognized.