Affirmative action in Mexico: the role of electoral justice in the construction of a plural democracy

Modern democracies have developed affirmative actions as a way of dismantling conditions of historical inequality experienced by vulnerable groups and as a tool to include them in spaces where they are underrepresented. The diversity of objectives behind these measures has resulted in the development of a wide range of policies and institutions that can advance these actions, and consequently, citizens can now request their application through many different channels. In Mexico, many of the affirmative actions in the political arena emerged during the last decade, as an outcome of claims presented to the Electoral Tribunal of the Federal Judiciary. This practice has led to an increase in the number of cases submitted by these groups, situation which raises the question of whether this practice effectively responds to their claims or is merely a consequence of the social system’s failure to answer the quest for more representation. I will answer this question by using data to help visualize the ratio between an increase in cases related to affirmative actions and the number of rulings that have given place to more representation of these groups. Afterwards, I explain how an increase in the representation of vulnerable groups was made possible through an institutional course, which allowed this judicial scenario, as well as the type of rulings that have benefited political representation of these groups. The results of this analysis highlight how some disadvantaged groups have accomplished the protection of their representation rights through strategic litigation at the Electoral Tribunal, which, as a result, gave rise to tension among the Electoral Tribunal of the Federal Judiciary, political parties and the legislative branch.