Team
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Phone: +52 (55) 5661 7181
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Address: Av. Insurgentes Sur #1605, piso 15, colonia San José Insurgentes CP. 03900, Ciudad de México, México.
Andrés Aguinaco Gómez Mont
Experienced litigator with over fifteen years of professional practice in administrative and constitutional counseling and litigation. He has participated in litigations on many regulatory areas.
Andrés Aguinaco´s professional practice focuses on public law and human rights litigation. He has successfully represented many companies and non-for-profit organizations in regulatory matters, including mining, real estate, aviation, banking, public procurement, environmental, sanitary, telecommunications, antitrust and education.
He was named partner of Aguinaco Abogados in 2017.
Trajectory
Some Recent Cases:
Mining and Water Amendments. Defense of mining companies against unconstitutional amendments in mining and water statutes.
Ecological Local Taxes. Successful defense, before the Mexican Supreme Court, of mining companies against local environmental taxes (2020).
AICM slots as an Essential Input. Successful defense to one of the most important aviation companies in the United States of America against the Federal Commission on Economic Competition, against the resolution that the Slots of the Mexico City´s International Airport are an essential input (AICM Slots case, 2019).
Other professional activities
Pro Bono Work
Andrés Aguinaco has an extensive pro bono practice. He has contributed to some of the most relevant Supreme Court cases on the rights of people with disabilities; in the implementation of the constitutional amendment of education; as well as on drug policy reform.
Disability-based detention in mental health settings. Case before the Supreme Court in defense persons with disabilities held involuntarily in psychiatric hospitals (2024).
Drug Policy Reform. Led the five cases before the Supreme Court that ruled the unconstitutionality of the General Law of Health which prohibited the personal use of cannabis (Smart case and following, 2015-2019). First case that judicially recognizes the use of cannabis for medical purposes (Graciela Elizalde case, 2015).
Rights of people with disabilities. Case before the Mexican Supreme that acknowledges the right to an integrated and inclusive education, with reasonable accommodations and accessible campuses for indigenous children with disabilities. (Citlali García case, 2019).
Attorney in the first case in which the Mexican Supreme Court invalidated the Legal Guardianship model (Interdiction Legal Capacity Model) and vindicates the right to legal capacity and to an independent life. (Tomás Barrón Sánchez case, 2019). Case in which the Mexican Supreme Court aplied for the first time the Convention on Rights of People with Disabilities and the right to legal capacity (Ricardo Adair Coronel Robles, 2012).
Education Constitutional Amendment. Amparo trial by Mexicanos Primero against the agreements between the Federal Government and the 22 section of the CNTE, to circumvent teacher evaluations and the implementation of the constitutional amendment on education.
Coordination of various litigations, capacitation, social advocacy campaigns and humans rights counseling, through the CEIS – Centro Estratégico de Impacto Social, A.C. foundation.
Associations
- Board Member of Amigos del MAP, A.C. (Folk Art Museum)
- Deputy Coordinator of the Constitutional Law, Human Rights and Amparo Commission of Mexican Bar Association (Barra Mexicana, Colegio de Abogados, A.C.) (2020).
- Member of the Editorial Board of Reforma Newspaper, for Judicial Proceedings (2014).
- Member of the Mexican Bar Association (Barra Mexicana, Colegio de Abogados, A.C
- Founding partner and president of CEIS - Centro Estratégico de Impacto Social, A.C., a non-profit association focused on structural human rights litigation (2009).
Academic Activities
- LL.M., 2016 Columbia Law School
- Harlan Fiske Stone Scholar.
- Master’s degree in human rights and guarantees from Instituto Tecnológico Autónomo de México (ITAM) (2014, pending degree).
- Law Degree, Instituto Tecnológico Autónomo de México (Honorary Mention, 2011).
Published works
Contributor to the book, El juicio de amparo en materia fiscal, Editorial Tirant lo Blanch, in the article "El amparo contra leyes en materia fiscal: elementos de la vía y principios generales para la defensa de los derechos del contribuyente".