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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Mexico - 4th Session - 2009 Scroll to: Summary of Stakeholder compilation Accepted and rejected recommendations 77. Protecting the right to food is a priority for Mexico, particularly in the context of rising international food prices that particularly affect people living in conditions of food poverty, street children and vulnerable older persons. Of the 14.4 million Mexicans suffering from food poverty, 65 per cent live in rural areas. A particular challenge is to eradicate child malnutrition: 5 per cent of under-fives are underweight. 79. Education is a fundamental right that is guaranteed and promoted by the Mexican State. Both the right to education and human rights education are promoted, thereby generating inclusion, learning and participation and developing a sense of citizenship. Primary education is virtually universal. The national education system now has 33.3 million pupils and students at the basic, upper secondary and higher levels and in vocational training. The objectives of the 2007-2012 Sectoral Education Programme include improving the quality of education; expanding educational opportunities as a means of reducing inequality and promoting equality between social groups; and offering an all-round education. 80. This programme includes a scholarship scheme that currently benefits some 6 million low-income pupils at all levels of education. Significant efforts are also being made to integrate children and young people with disabilities.61 During the 2007/08 school year, 21,997 basic education facilities met the minimum conditions for integrating pupils with special educational needs and attended to 177,856 pupils with such needs. A major effort is being made to provide instruction in indigenous languages, including the development of teaching materials, teacher training and the promotion of indigenous language instruction. During the 2006/07 school year, 1.4 million sets of material were distributed to 583,202 primary school pupils in 33 indigenous languages. 87. Better meeting the needs of agricultural day labourers and combating child exploitation for the purposes of labour represent two particularly sizeable challenges. Of the 3.1 million agricultural day labourers in Mexico, 1.2 million are itinerant workers who come primarily from indigenous or remote parts of the country characterized by high levels of marginalization. One programme aimed at better meeting their needs is the Services for Agricultural Day Labourers Programme 2006-2007, and there is also an inter-agency coordinating group on the subject.69 Special attention must also be given to child exploitation for the purposes of labour. In 2007, there were 3,647,067 child workers between the ages of 5 and 17, of whom 1,513,233 were not attending school. The Government of Mexico has made its child labour policy, which protects young people aged 14 to 18, who are allowed to work, by guaranteeing their labour rights, a priority policy, and is taking action to prevent and eradicate the worst forms of child labour. Current programmes include the Child Labour Measurement Module in the National Work and Employment Survey, the Inter-Agency Group to Prevent and Combat Child Labour and the Working Group for Coordination with Civil Society and Trade Unions to Prevent and Combat Child Labour.70 109. The National Development Plan gives priority to the rights of children and adolescents, including the rights to survival and full development, protection from dangerous influences, ill-treatment and exploitation, and full participation in family, cultural and social life. Some 31.5 per cent of the Mexican population is younger than 15. 110. The specialized agency in this area is the National System for the Comprehensive Development of the Family (SNDIF), which was behind the establishment of committees for monitoring the implementation of the Convention on the Rights of the Child. To date, 29 state committees have been established. SNDIF carries out wide-ranging programmes for the protection of children’s and adolescents’ rights, covering areas such as street children, child labour, commercial sexual exploitation of children, care for younger children, health care, teenage pregnancy, psychosocial risks and awareness-raising.87 111. The Federal Constitution was amended in 2001 and 2006 to establish the juvenile justice system. By 27 December 2007, 27 federal entities had adopted this system. 112. Currently, it is estimated that 16,000 children and adolescents are used in prostitution, pornography, sex tourism and trafficking for the purposes of sexual exploitation. In 2007, the Criminal Code was amended to increase the penalty for commercial sexual exploitation of children. Furthermore, a large number of public policies and programmes are being implemented in the areas of prevention, protection, victim support, and the elimination of child sexual exploitation, notably the National Plan of Action to Prevent, Address and Eliminate the Commercial Sexual Exploitation of Children under the institutional oversight of the National Coordinating Office to Prevent, Address and Eliminate the Commercial Sexual Exploitation of Children. 113. Other specific challenges are to devise comprehensive public policies for children and, at the regional level, to implement and exchange best practices in support for vulnerable groups of children, such as migrant children, abused children and children exploited for purposes of sex or labour. In order to achieve this, it is essential to develop a system of statistical data on the situation of vulnerable children. 3. In 2006, the Committee on the Rights of the Child (CRC), the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Committee against Torture (CAT) recommended that Mexico take the necessary measures to ensure that all federal and state legislation is harmonized with respective international instruments.10 17. CRC recommended that Mexico intensify its efforts to prevent and eliminate all forms of de facto discrimination against indigenous children; children with disabilities; girls; children living in rural and remote areas; children from economically disadvantaged families;37 and children infected with and affected by HIV/AIDS.38 24. In 2008, following an official visit to Mexico, the Special Rapporteur on the sale of children indicated that there was no effective system to protect and provide assistance to children and young people who have been victims of sexual exploitation or any form of trafficking. 58 CRC expressed concern that the number of street children remained high and regretted the violence to which these children were subjected by the police.59 It also expressed concern that corporal punishment was widely used within the family, in schools and in other institutions.60 28. In 2006, CESCR and CRC noted with concern that the minimum age for marriage in many states is 14 years for girls and 16 years for boys, subject to the parents’ consent, and that the age of sexual consent is 12 years for girls and boys.69 37. CESCR noted with concern that approximately half of the population of the State is not entitled to social security or social assistance. 86 CRC welcomed, inter alia, the decrease of malnutrition rates in urban areas and the high vaccination coverage.87 However, CRC remained deeply concerned that mortality and malnutrition rates, as well as other health indicators, are significantly worse in rural and remote areas and for indigenous mothers and children.88 CESCR was concerned about the high rate of maternal mortality caused by unsafe abortions and mentioned reports on obstruction of access to legal abortion after rape.89CERD welcomed the criminalization of forced sterilization under article 67 of the General Health Law and urged Mexico to take all necessary steps to put an end to those practices.90 39. A 2007 UNICEF report stressed that although access to primary education is almost universal, 1.2 million children remain outside the education system.93CRC expressed concern at, inter alia, continuing low enrolment rates, especially among migrants and indigenous children; the insufficient resources allocated to education; the considerable disparities in the coverage and quality of education between urban and rural areas; the insufficient bilingual intercultural education in indigenous areas; and the lack of access to educational programmes for juvenile offenders.94 40. According to JS1, public investment in education, currently less than 8 per cent of GDP, has not been enough for the 2.1 million children between 5 and 14 years old that do not receive basic education. No public policy on education takes a human rights perspective into account and many programmes do not comply with international standards. The lag in educational standards especially affects children of agricultural day workers, street children, disabled persons and indigenous peoples.96 24. Algeria enquired about legal provisions protecting freedom of religion or belief. It recognized Mexico’s achievements in reducing poverty but was concerned that most of the poor belong to indigenous communities. Algeria recommended that Mexico: (a) attach particular attention to indigenous communities in its strategies to reduce poverty and to combat extreme poverty; referring to the 2006 conclusions of the Committee on the Rights of the Child (CRC) and of the Committee on Economic, Social and Cultural Rights (CESCR), Algeria recommended that Mexico (b) take effective measures to put an end to domestic violence and abuse of children; it further recommended that Mexico (c) ensure the effective access of all children to education, in particular migrant and indigenous children, and take effective measures to combat their exclusion from the education system, and (d) take all necessary measures to ensure the effective application of the Federal Act to Prevent and Punish Torture. 28. Bahrain welcomed the establishment of a national institute for women to evaluate and coordinate government efforts to achieve gender equality, as well as the NHRP. It commended the Government’s role in encouraging education through free compulsory primary education; and the efforts made to advance the rights of children and adolescents, including their right to decent life. Bahrain welcomed the measures taken to improve the criminal justice system and requested further information regarding progress and challenges in this regard. It also enquired on Mexico’s efforts to establish plans and strategies to create a culture of equality between men and women. 32. Belarus noted the NHRP and the independent monitoring by CNDH of the human rights situation . Belarus, noting the efforts already made, recommended that Mexico (a) continue developing and ensuring an effective policy in combating organized crime and corruption. Belarus stressed the importance given by Mexico to ensuring the rights of women and children. The level of access to education is being increased at all levels. Belarus recommended that Mexico (b) continue efforts to eradicate sexual exploitation of children. While welcoming the adoption of a law on the prevention of trafficking in persons, Belarus recommended that Mexico (c) take measures to criminalize trafficking in persons in all parts of the federation and strengthen the resource basis for the protection of victims. 39. Sweden remained concerned about the reported widespread and systematic violence against women, including cases of disappearances and domestic violence. It recommended that Mexico (a) continue efforts and implement all measures necessary with a view to tackling the problem of violence against women. Sweden expressed concern about the estimation of the CNDH that 99 percent of all crimes in Mexico are not resolved, and noted the high number of unresolved killings and abuses of journalists. Sweden recommended that Mexico (b) continue efforts and take all measures necessary to put an end to impunity, also with regard to crimes against journalists. Referred to concerns expressed by the Committee on the Rights of the Child in 2006 with regard to the wide use of corporal punishment within families, schools and other institutions, Sweden recommended that Mexico (c) take measures to ensure that children are fully protected from corporal punishment and other forms of violence or exploitation. 56. France enquired about envisaged measures to ensure access to education to all children and to eradicate child labour, and about the state of the implementation of recommendations of the Special Rapporteur on the sale of children, child prostitution and child pornography in 2008. Noting the regular reports of pressure on the media and threats against journalists, it recommended that Mexico (a) take measures to guarantee freedom of demonstration and ensure protection of demonstrators; (b) take necessary measures to combat practices of torture and ill- treatment by security forces in prisons, as noted by special rapporteurs, and to combat impunity in this regard; and (c) improve living conditions in prisons. 62. Bangladesh was pleased to note that human rights feature prominently in the ongoing constitutional reform. Bangladesh recommended that (a) the allegation of systematic and excessive use of force and torture by law enforcement agencies be seriously dealt with to end the culture of impunity; (b) the primacy of the civil legal system prevail over military judicial process across the entire territory; (c) incidences of domestic violence and femicide be tackled through a multi-pronged approach , including effective legal measures and social awareness programmes; (d) the prevalence of corporal punishment on children be curbed in keeping with Mexico’s international advocacy against such offences; (e) measures be undertaken to redress marginalization of indigenous and migrant populations in line with the prominent role of Mexico on the international scene, and (f) the safety and security of journalists and media personnel in discharging their professional responsibilities be guaranteed. Accepted and Rejected Recommendations The following recommendations were accepted by Mexico: 93- 13. Conduct a time-bound review of legislation at state level which discriminates against women; commit to promptly repealing such legislation, with priority attention paid to family law that results in real or de facto discrimination against women and girls, and to legislation that prevents women's access to justice, particularly in respect of the reporting and prosecution of family violence; and from the federal level, provide guidance to all states on the adoption of practical measures to ensure the implementation of these legislative changes at the local level (New Zealand ) - 16. Continue efforts to eradicate and address cases of violence against women (Indonesia, Sweden), domestic violence (Algeria) and child abuse (Algeria, Indonesia) 30. Curb prevalence of corporal punishment on children, in keeping with Mexico’s international advocacy against such offences (Bangladesh), and take measures to ensure that children are fully protected from corporal punishment and other forms of violence or exploitation (Sweden) 31. Address the problems of street children by providing them state protection and vocational training (Pakistan) 32. Take measures to include the crime of trafficking in persons in all parts of the federation and strengthen the resource basis for the protection of victims (Belarus), and strengthen measures to protect and provide assistance to victims, with special emphasis on children victims (Philippines) 33. Continue efforts to eradicate sexual exploitation of children (Belarus); and to address prostitution, pornography and trafficking of children and adolescents for the purpose of sexual exploitation (Syrian Arab Republic) -64. Take more concrete measures to eliminate employment and wage gaps, to increase school enrolment rates of indigenous children, and review the justice system (Japan) 73. Ensure the effective access of all children to education, in particular migrant and indigenous children, and take effective measures to combat their exclusion from the education system (Algeria) 74. Seek to improve the enrolment rate of girls in primary and secondary schools (Philippines) Mexico did not reject any recommendations
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