Moral damages

Moral damages, or non-material damages

The Federal Civil Code, in its Article 1916, protects the right to privacy through the concept of moral damages, which is defined as the impairment of a person's feelings, affections, beliefs, dignity, honor, reputation, private life, and physical appearance, as well as the consideration that others have towards them

Moral damage can manifest itself in various situations, and laws recognize it as an impairment to an individual's intimate and emotional sphere

Defamation

Harassment

Discrimination

Invasion of Privacy

Offenses to Dignity

In Mexico, moral damage is primarily considered a civil matter rather than a criminal one due to the nature of the actions and their consequences.

• Its subjective nature leads to varying determinations and extents based on individual circumstances, making civil resolution more suitable.
• Financial compensation is common in civil cases to compensate victims, in contrast to the criminal system, which aims to punish offenders.

• Proving moral damage is less rigorous in the civil domain due to its connection to emotions and subjective experiences.
• Civil regulation seeks to protect civil and personal rights by redressing harm rather than penalizing wrongdoers.

The civil regulation (Civil Code) of moral damage protects civil and personal rights, seeking to compensate for the suffered harm rather than punish the wrongdoer.

Compensation for moral damage

In Mexico, compensating for moral damage often involves financial reimbursements as a common way to address emotional distress and harm to a person's dignity, reputation, or well-being.

The amount of compensation is determined by considering various factors, including the affected rights and the financial situation of the parties involved

Rectifying disseminated information can also be part of the compensation.

Defamation refers to the act of making false statements or spreading false information about someone, which harms their reputation. This can be done through spoken words (slander) or written statements (libel).

Discrimination refers to the unjust or prejudicial treatment of individuals or groups based on certain characteristics, such as race, gender, age, religion, disability, or other protected attributes.

Harassment refers to unwanted and persistently offensive behavior directed at an individual or a group, causing discomfort, fear, or distress. Harassment can take various forms, and it often involves repetitive or systematic actions that create a hostile environment for the victim. It can occur in different settings, such as the workplace, schools, online platforms, or public spaces

refers to the wrongful intrusion into an individual's personal life or private affairs, causing emotional distress, embarrassment, or harm to their reputation. This invasion can occur through various means and actions that violate an individual's right to keep certain aspects of their life confidential and shielded from public scrutiny.

The offense of dignity refers to actions or behaviors that cause harm or injury to an individual's sense of self-worth, honor, and respect. This concept is closely related to the broader notion of moral damage, where harm is inflicted on a person's emotional and psychological well-being. Offenses against dignity can take various forms, and they are often subjective, depending on cultural, social, and personal perspectives

It's important to note that those expressing opinions are not required to compensate for moral damage, protecting freedom of expression, especially in contexts like literary critiques or fulfilling specific duties

Apart from financial compensation, the process may include measures like a court-ordered summary publication in selected media and a public apology to reflect the nature and extent of the reparation