Mexico's Supreme Court reviews export ban on Frida Kahlo paintings

The Supreme Court of Justice of the Nation (SCJN) voted eight to one to take up an amparo filed by Banco Ve por Más that challenges a 1984 presidential decree prohibiting the permanent export of any work by Frida Kahlo. The decree, issued by former President Miguel de la Madrid, declared all Kahlo’s oeuvre a “monument artistic” and barred its export, citing article 6 of the decree.

Banco Ve por Más seeks to export the 1948 oil painting “Autorretrato con medallón,” which it holds as a private owner. The Institute of Fine Arts and Literature (INBAL) denied the request, relying on the decree. The bank argues that article 16 of the Federal Law on Monuments and Archaeological, Artistic and Historical Zones permits the temporary or definitive export of privately owned artistic monuments, making the 1984 restriction unconstitutional.

Justices Giovanni Azael Figueroa and Arístides Guerrero said the case could set a precedent on the balance between the right to culture and private property rights and define the limits of executive regulatory power. The Court’s decision will determine whether Kahlo’s works owned by collectors can leave Mexico and could influence future heritage‑protection disputes.