The Jurisprudential Construction of the Human Right to the Free Development of Personality in Mexico; La construcción jurisprudencial del derecho humano al libre desarrollo de la personalidad en México

Abstract

This article critically explores the jurisprudential construction of the human right to the free development of personality within the Mexican constitutional framework, emphasizing the interpretive role of the federal judiciary after the 2011 constitutional human rights reform. Grounded in the principle of progressivity and the broader mandate of harmonizing domestic law with international human rights standards, this article examines how the free development of personality has been shaped by judicial reasoning on diverse legal themes. Drawing on qualitative, jurisprudential-analytical methodology, it researches a selection of landmark rulings issued by the Mexican Supreme Court and federal courts. These decisions are grouped into nine main categories in which the right to free development of personality has been recognized or expanded: gender identity, recreational drug use, marriage equality, no-fault divorce, same sex concubinage, reproductive autonomy, children’s rights, bodily autonomy, and private autonomy in contractual relationships. Through doctrinal analysis and comparative reference, particularly to the German Constitutional Court’s Elfes and Cannabis decisions—this article shows the evolution of constitutional logic in Mexican case law. © 2026 Universidad Nacional Autonoma de Mexico.