Interview With Mexican Jurist, Historian
ZENIT: The result now is that law becomes an instrument of tyranny, when law theory states altogether the contrary?
Traslosheros: The term "tyranny of rights" should be an oxymoron as, in theory, rights exist to protect the citizen against the authoritarian tendencies of those who hold power.
However, it has been proper to the culture of Mexican politicians to create special support groups, which they later adorn with privileges in detriment to the whole of society. It is a very old Mexican experience of which, for example, the corrupt union boss is a typical example, and the reason why the health and education systems languish in mediocrity.
Now, by decision of the Legislative Assembly of the Federal District, dominated by the Democratic Revolution Party [...], by the government of [Mexico] City and the Supreme Court of Justice of the Nation, a further step has been taken in deepening this pernicious tendency that has nothing to do with democracy and which has found in the so-called gender and gay ideology a significant stimulus.
ZENIT: They say that equity, equality and justice are being protected; that pure law is being applied. Do you believe this?
Traslosheros: In theory, law should create an ensemble of rights for the whole population, in order to guarantee conditions of equality, justice and liberty for any person based on two principles: that we are all equal in dignity and that the strong have the obligation to help the weak. By the same token, when someone finds himself in a vulnerable situation, special juridical conditions of equity must be created for the time necessary, even if they become permanent. Classic examples are the pregnant woman and the woman in labor, refugees, the handicapped, the sick and, especially, children.
The raison d'etre of this juridical culture is the person. Juridical culture centered on the person, as is easy to see, is the very opposite of one that creates privileged groups and which is proper to authoritarian regimes without distinction, no matter their color.
ZENIT: Isn't the centrality of the person being protected when the rights of homosexuals are protected? This is an argument often used today.
Traslosheros: When the centrality of the person is abandoned, then law is used to create statutes of privilege that, in turn, favor specific groups above the whole of society generating situations of injustice and, consequently, of violence. Obviously what is abandoned with this is the obligation to protect the weak, while confirmed is the law of the strongest. Such is what is now happening with the so-called right of adoption created allegedly to protect the principle of non-discrimination of homosexuals. The right of adoption, by this combination with non-discrimination, becomes an obligation to give children in adoption to homosexual couples who so request.
ZENIT: Let's return to the underlying topic, that a right is "being created" in Mexico.
Traslosheros: It is very important to keep in mind that the so-called right to adoption never existed in Mexico because it was well understood that children don't exist to satisfy the desires or needs of adults, no matter how legitimate or justified they might seem.
Because of the higher interests of the child, the adoption processes were governed by the logic that adults must be subjected to rigorous aptitude tests, where the factors of emotional, social, economic, marital or personal stability have played a very important role, among many other things.
Hence, adults have never in any way had the right to adoption. On the contrary, they have had to demonstrate in deeds that, beyond ideologies and any doubt, they are fit to take on a child with full responsibility.
Parenthood, as we well know, is a gift and a responsibility, it isn't a right in itself. In any case, it would be a consequence and always subject to the exercise of responsibility. As we can easily see, as the higher interest of the child demands, the right of adoption must not exist for anyone regardless of their quality, condition, religion, race, ethnic group or sexual preference. Children are not things to satisfy the needs of adults.
