MEDIATION AND CONCILIATION AS SUPPORT MEASURES FOR THE PROTECTION OF HUMAN RIGHTS, CHALLENGES AND IMPACT OF THEIR IMPLEMENTATION IN THE CODHEM

Abstract

This article examines the influence and impact of Alternative Dispute Resolution Mechanisms (ADRM) on the protection of human rights. To that end, the analysis begins with a brief overview of the emergence of human rights as a field of study, their core features, and the rationale behind their applicability. It also reviews the development of ADRM within international legal frameworks and institutions—such as the Organization of American States (OAS) and the Inter-American Commission on Human Rights (IACHR)— that seek to promote a comprehensive approach to safeguarding fundamental rights.

Subsequently, the article examines the national and state legal frameworks that recognize the existence and applicability of Alternative Dispute Resolution Mechanisms (ADRM), with particular emphasis on the Human Rights Commission of the State of Mexico (CODHEM). It analyzes the institution’s organizational structure and highlights mediation and conciliation as mechanisms that contribute meaningfully to the protection of human rights. Within the context of CODHEM’s current administration, the article argues that the promotion of ADRM by both the general and specialized ombudsperson offices has been limited. Accordingly, it proposes the creation of dedicated ADRM units within each ombudsperson office, staffed by professionals trained in the field, as a way to strengthen a culture of respect for human rights and to foster a culture of peace through the effective implementation of these mechanisms.