CNJUR: THE JUDICIARY FACING URBANISM

CNJUR: THE JUDICIARY FACING URBANISM

''In the abscence of legal binding value of the Habitat III Conference, the new creators of urban law will be the judges and magistrates, who will rule according to their own understanding of urban conflicts, applying laws which in several cases may be contrary to international treaties on Human Rights'';. This was the most important conclusion reached by the outstanding exponents of the mexican federal judiciary during the event; ''The judiciary facing urbanism'', organized by CNJUR International and UN Habitat, as part of the World Urban Campaign '' My City, My Choice, I´m a City Changer'' and hosted by the Comision for Metropolitan Affairs of the Congress of the State of Puebla.There, Erik Vittrup, Representative of UN Habitat Mexico, highlighted the need to recognize the rol of judges as generators of legal principles for the new urbanism that will be generated in Habitat III. 

Pablo Aguilar, President of CNJUR International, mentioned that ''it is a paradox that in the New Urban Agenda, which will  be approved in Quito, the importance of judicial tribunals, who are in charge of the application of the urban legislation and Human Rights principles while solving urban conflicts, is not mentioned. This lack of recognition about the important task carried out by judges and magistrates is generated among other factors, due to the absence of binding value of the resolutions of the Habitat III Conference, which will ultimately be applied discretionally by state members. In this sense urban justice will only be requested by those afected by specific situations, and the tribunals will solve such cases discretionally due to a lack of principles and clear regulations to interpret and apply Human Rights in urban centers. What can be done about this? Generating awareness among the most important actors of Habitat III about the need togenerate binding urban law instruments which guide the performance and  law enforcement protocols for the increasingly nurmerous cases of urban related litigation. A new type of ''judiciary legislation'';  is being created by the tribunals through their resolutions, one which goes beyond the contents of programs and current regulations.

We are facing a new source of urban judiciary law of which very few know about.


Article by CNJUR
Photo Credits: CNJUR (CC)