Key Benefits:
EXECUTIVE BRANCH
SECRETARY OF GOVERNMENT
DECREE issuing the Law for the use and protection of the name and emblem of the Red Cross.
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
DECREE
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
THE LAW FOR THE USE AND PROTECTION OF THE NAME AND EMBLEM OF THE RED CROSS IS SET.
UNICO ARTICLE.- The Law for the Use and Protection of the Name and emblem of the Red Cross is issued to remain as follows:
LAW FOR THE USE AND PROTECTION OF THE NAME AND EMBLEM OF THE RED CROSS
TITLE FIRST
GENERAL PROVISIONS
ONLY CHAPTER
Article 1.- This Law is of general public order and observance throughout the Republic. Its purpose is to regulate the use and protection of the emblem of the red cross as well as the name "Red Cross" and the other distinctive signs established for identification, in accordance with the provisions of the four Geneva Conventions of 1949 and, where applicable, of their Additional Protocols, as well as other legislation in force in the country.
As long as this Law says "Red Cross", to refer to the emblem or the denomination, the emblem of the red Crescent and the name "Red Crescent", and other emblems or emblems, are understood in a similar way. (a) a description of the international legal systems, of which Mexico is a Contracting Party and which complies with the same uses, functions and purposes, provided for and regulated by international humanitarian law. This is without prejudice to the provisions of this Law.
Article 2.- For the purposes of interpretation of this Law, no provision may mean a limitation of the protection conferred on the emblem and the name of the Red Cross by the Treaties. International or other legal provisions in force in the country.
Article 3.- For the purposes of this Act it is understood by:
I. Geneva Conventions of 1949: The four Geneva Conventions of 1949, held in Geneva, Switzerland on 12 August 1949 and which comprise the I Geneva Convention of 12 August 1949 to alleviate the fate of the injured and the sick of the armed forces and their corresponding annexes; the second Geneva Convention of 12 August 1949 to alleviate the fate of the injured, the sick and the shipwrecks of the armed forces at sea and its corresponding annex; the III Geneva Convention of 12 August 1949 on the treatment of prisoners of war, as follows: as its corresponding annexes; and the Fourth Geneva Convention of 12 August 1949 on the protection of civilians in time of war and their corresponding annexes;
II. Additional Protocols: To the First Additional Protocol to the Geneva Conventions of 12 August 1949 on the protection of victims of international armed conflicts of 8 June 1977; the Second Additional Protocol to the Geneva Conventions of 1949 on the protection of victims of armed conflicts without international character of 8 June 1977 and the Third Additional Protocol to the Geneva Conventions of 1949 on the approval of a sign Additional flag of December 8, 2005, in the understanding that Mexico is obliged to be a Party Contractor;
III. International Red Cross Movement: The International Red Cross and Red Crescent Movement, made up of the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies, and the International Red Cross. National Red Cross and Red Crescent Societies;
IV. International Conference: The International Conference of the Red Cross and Red Crescent, which is the highest deliberative body of the International Red Cross Movement, in which the International Committee of the Red Cross, the International Committee of the Red Cross, is participating. International Federation of Red Cross and Red Crescent Societies, National Red Cross and Red Crescent Societies, as well as all States Parties to the 1949 Geneva Conventions;
V. ICRC: International Committee of the Red Cross, based in Geneva, Switzerland;
VI. International Federation: The International Federation of Red Cross and Red Crescent Societies, based in Geneva, Switzerland;
VII. National Society: It is a society of voluntary, autonomous and auxiliary relief of the public authorities in the humanitarian field, formed in terms of the National Legislation of the State where it radiating, and of its Statutes, recognized as such by the components of the respective International Movement, and which should be guided by its action by the norms and principles of international humanitarian law and respect the decisions and the Fundamental Principles of the Movement;
VIII. International Humanitarian Law (IHL): A set of norms of a conventional and customary character applicable in the event of armed conflict that protect people who do not participate or have ceased to participate in hostilities as well as essential goods for their survival and which limits, for reasons of a humanitarian nature, methods and means of war;
IX. Fundamental Principles: The Fundamental Principles of the International Red Cross and Red Crescent Movement, namely: Humanity, impartiality, neutrality, independence, volunteerism, unity and universality;
X. Mexican Red Cross: To the National Society, recognized by the International Movement of the Red Cross and Red Crescent, created by Presidential Decree of March 12, 1910 and constituted as an Institution of Private Assistance, with personality legal and equity.
XI. Health Service: Activity directed to search, rescue, transport and/or the assistance of the injured and the sick; or to the prevention of diseases; as well as that intended exclusively for the administration of the health facilities, and
XII. Medical Mission: Comprises the set of persons, units, means of transport, equipment, materials and activities, transitory or permanent, fixed or mobile, of exclusive destination and necessary for the administration, the operation and the provision of medical-care services, in the areas of prevention and promotion, care and rehabilitation to people.
TITLE SECOND
DEFINING AND USING THE RED CROSS EMBLEM
CHAPTER I
Red Cross emblem
Article 4.- The emblem of the red cross, as laid down in Article 38 of the First Geneva Convention of 1949, is constituted by a red cross, or a half-moon of red in vertical position, both on white background. The red cross will be made up of two red boxes of equal dimensions, which are cut in the center in a perpendicular way, forming the image of five equal pictures. In no case shall the emblem touch the edges of the flag or shield.
CHAPTER II
Red Cross emblem uses
Article 5.- The emblem of the red cross, as well as the name "Red Cross", may only be used in accordance with the purposes laid down in the Geneva Conventions of 1949, its Additional Protocols, as well as the regulations issued by the International Red Cross and Red Crescent Conference.
Article 6.- The emblem of the red cross, in accordance with the Geneva Conventions of 1949, will have two uses: protective use and indicative use.
CHAPTER III
Red Cross Emblem Protector Use
Article 7.- The emblem and the name "Red Cross" in its protective use is granted to persons, goods, units, means of transport and sanitary material, when they develop any of the activities that are of their own in the framework of an armed conflict; it represents the inviolability of the Medical Mission and reminds the combatants that the Medical Mission is protected, must be respected, and must not be attacked.
Article 8.- You may use the red cross emblem, upon authorization by the National Defense Secretariat, the following persons and persons, under the modalities and requirements provided for in this Law:
I. The health and religious personnel to the service or added to the armed forces, as well as the civil character to be responsible for the search, the collection, the transport, the diagnosis, the care and the assistance, the treatment and the rehabilitation injured, sick, shipwrecked, persons deprived of liberty or dead, or the administration of health units, or the operation or administration of the means of health transport;
II. The Mexican Red Cross;
III. Voluntary relief societies;
IV. Civilian hospitals; hospital ships and other sanitary vessels;
V. Health transportation companies by land, sea and air;
VI. Health zones and localities, and
VII. Other national voluntary relief societies, which during an armed conflict enjoy the protection conferred by the Geneva Conventions of 1949.
Except for the authorization referred to in this article, the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, who may use the emblem as a protective or indicative title or other emblems at any time and for all its activities.
Article 9.- The emblem used for protective purposes shall observe the characteristics set out in Article 4 of this Law, and shall not have any addition on the red cross or on the white background. It must be identifiable from as far away as possible. It will be as great as circumstances warrant. At night or when the visibility is low, it may be illuminated or illuminated. As far as possible, it shall be made of materials which permit recognition by means of technical means of detection and shall be placed in flags or on a flat surface which are visible from all possible directions, including space air.
The personnel authorized to fly the emblem in their protective use shall carry a brazal, and identity card of the form and characteristics established by the Geneva Conventions of 1949, which be authorized by the Secretariat of National Defense.
Article 10.- Staff, real estate and the means of transport for the civil health service, recognized by the Secretariat of Health, may enjoy exclusively during a conflict armed, after authorization issued by the Secretariat of National Defense and in accordance with this Law, of the protection of the emblem of the red cross for protective purposes, in accordance with the provisions of Article 8 of this Law.
Article 11.- The Mexican Red Cross, through its National Headquarters, will be able to make available to the health service of the Armed Forces, the health personnel, buildings and/or means of transport. Such personnel and property will be subject to the legislation and military administration and will be authorized by the Secretariat of National Defense to use the emblem of the red cross in its protective use. Such personnel and goods shall be used exclusively for the conduct of activities of the health and humanitarian services.
The Mexican Red Cross, after authorization from the Secretariat of National Defense, and without prejudice to the provisions of this Law and the International Treaties, may use the emblem of the Cross red in its protective use, during an armed conflict, to identify personnel, transports and buildings, carrying out health service tasks and/or humanitarian operations, which must be duly determined and express authorization of the Secretariat of the National Defense, in accordance with the provisions in Article 8 of this Law.
If the Mexican Red Cross, in the event of an armed conflict, continues to deploy its peace-time activities, it will take all appropriate measures to consider the emblem, which is an indicative title, in persons or goods only as an indicator of the relationship with this National Society and not as a guarantor of the particular protection of International Humanitarian Law.
CHAPTER IV
Red Cross Emblem Indicative Use
Article 12.- Indicative use is intended to point out to persons and property that they are related to any of the components of the International Red Cross Movement, and their use will be limited. in the deployment of their activities, which are in accordance with the provisions of the Geneva Conventions of 1949, this Law and the Regulation on the use of the Red Cross emblem or the Red Crescent for National Societies.
The emblem of the red cross, in its indicative use, must be of small dimensions, that is, it will be of proportional size to the surface on which it is embodied. The emblem shall be accompanied by the name of the component of the International Red Cross Movement to which it represents directly.
In case of the emblem used with this use by the Mexican Red Cross, it must be accompanied by the name "Mexican Red Cross", without this denomination affecting the visibility and identification of the emblem of the red cross.
Article 13.- The internal regulations of the Mexican Red Cross will provide for the form in which the emblem will be used in an indicative manner in the personnel, movable and immovable property and other assets that the latter in the service of the work of the National Society.
Article 14.- The emblem, accompanied by the name "Mexican Red Cross", may appear in real estate that is not owned by the National Society and that it uses in the development of its activities.
Article 15.- In case the property or furniture is no longer used for the purposes of the Mexican Red Cross, the institution must remove the emblem or emblems, and the name of the cross red that you have placed on it.
Article 16.- The Mexican Red Cross may use or authorize, under its control and as established by its internal regulations, the use of the emblem for the purpose of image when public events take place in those who participate; or their use in material for the promotion of the Mexican Red Cross or the International Red Cross Movement, their humanitarian and relief action, International Humanitarian Law and/or the Fundamental Principles of the International Red Cross movement, such as publications, films, medals, diplomas and other testimonials of thanks, or publicity in general.
Article 17.- The Mexican Red Cross may use the emblem followed by its name to indicate the scorros sent by rail, road, sea or air and destined for the victims of armed conflicts or disasters in the national territory and/or abroad, while at all times to prevent abuses. It may also use the emblem together with that of another organisation or institution for humanitarian purposes in the event of a specific action and provided that such use is discreet and does not create confusion between this National Society and that organisation or institution. It may use the emblem in the annual national collection, in the public or material acts necessary to raise funds for the institution's own action.
The Mexican Red Cross may also authorize the other National Red Cross Societies to use the emblem as an indication, when they are in national territory and whenever such use is made. avenga with the provisions of this Law.
CHAPTER V
Use of the Emblem In An Indicative Manner by Different Organizations of the International Red Cross Movement
Article 18.- The Mexican Red Cross may authorize, under its control, the use of the emblem to physical or moral persons to indicate the health vehicles or the first aid posts, relief posts or medical assistance centers, which care for and assist the injured and the sick free of charge.
THIRD TITLE
CONTROL AND SANCTIONS MEASURES
ONLY CHAPTER
Article 19.- Compete the Secretariat of Government to monitor the strict compliance with this Law and, if necessary, to administratively sanction the use of the emblem or the term "Red Cross" by persons or entities that, as provided by this Act, are not entitled to or are authorized for use.
Article 20.- An equivalent fine of 5 to 50 times the daily minimum daily wage in the economic zone in question shall be sanctioned, to any person who uses the emblem of the cross without authorization red, the distinctive signs, the name 'Red Cross' or any imitation which may be confused with the emblem protected in the terms of this Law without prejudice to the penalties provided for in the applicable criminal law.
TRANSIENT
FIRST.- This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation.
SECOND.- In addition to the applicable legislation for the dissemination of this Law, the Mexican national authorities and the Mexican Red Cross referred to in this Law shall adopt the measures necessary for its content to be the most widely known.
Mexico, D.F., at December 19, 2006.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Jorge Zermeno Infante, President.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Dip. Eduardo Sergio de la Torre Jaramillo, Secretary.-Rubicas."
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, on the twentieth day of March of two thousand seven.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Francisco Javier Ramírez Acuna.-Heading.
