Economic, Social and Cultural Rights, Towards a public policy of justiciability: The right of consultation

It reflects on how in the Mexican case the economic, social and cultural rights (ESCR) have been legally recognized, but in fact they present significant setbacks, especially in the right to be consulted or the right to consultation set forth in the International Labour Organization's Convention 169. This international legal instrument has served as a rebellious argument of the peoples and communities (especially indigenous) to the attempts to affect their territories with infrastructure projects, affecting them directly or indirectly. In this sense, we propose the Consultation as the opportunity space for the construction of a new Relationship of the State with its citizens, with the indigenous and Mexican society in general, as indicated in the San Andres Accords of 1996, subscribed between the Zapatista Army of National Liberation (EZLN) and the federal and state governments of Chiapas.