Preventive detention in Mexico: penitentiary crisis and systematic violation of human rights

Abstract

In this essay, it is analyzed how the legislative intensification of the catalog of crimes in Mexico has become a repressive strategy that does not address the underlying problem; and how the application of preventive detention, far from being a solution, has increased and is accompanied by multiple human rights violations, particularly against those belonging to vulnerable groups, leading to long-term psychological and physical harm. Additionally, the essay examines the role, intervention, and a landmark ruling by the Inter-American Court of Human Rights, which urged the Mexican state to reform its legislation and eliminate this punitive measure, setting precedents for a shift toward more efficient and rights respecting approaches.