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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
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- UN Committee on the Elimination of Discrimination against Women
- UN Committee on Economic, Social and Cultural Rights
- UN Human Rights Committee
- UN Committee against Torture
- UN Subcommittee on Prevention of Torture
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
- UN Committee on Migrant Workers
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/MEX/CO/6
Last reported: 17 August 2006 Concluding Observations issued: 25 August 2006
Trafficking: The Committee urges the State party to intensify its efforts to combat trafficking in women and girls, including through the speedy adoption of the bill to prevent and punish human trafficking and the establishment of a concrete timetable for the harmonization of laws at the State level to criminalize trafficking in line with relevant international instruments. It urges the State party to study the phenomenon of internal trafficking, including its scope, causes, consequences and purposes, and systematically compile information with a view to formulating a comprehensive strategy that includes measures of prevention, prosecution and punishment of offenders, as well as measures to rehabilitate victims and reintegrate them into society. It also recommends that the State party conduct nationwide awareness-raising campaigns on the risks and consequences of trafficking targeted at women and girls, and train law enforcement, migration and border police officials on the causes, consequences and incidence of trafficking in women and girls and different forms of exploitation. It urges the State party to carefully monitor the impact of measures taken and provide information on the results achieved in its next periodic report. (Para. 25)
Sexual exploitation: The Committee is concerned about the exploitation of prostitution of women and girls, in particular about the increase of child pornography and child prostitution. It is also concerned about the lack of measures to discourage the demand for prostitution and of rehabilitation programmes for women involved in prostitution. It regrets that insufficient information was provided on the root causes of prostitution as well as on measures to address them. (Para. 26)
The Committee urges the State party to take all appropriate measures, including the adoption and implementation of a comprehensive plan to suppress the exploitation of prostitution of women and girls, child pornography and child prostitution, through, inter alia, the strengthening of prevention measures, discouraging the demand for prostitution and taking measures to rehabilitate victims of exploitation. The Committee requests the State party to include in its next periodic report a comprehensive assessment of the extent of prostitution and its root causes. Such information should be disaggregated by age and geographical areas, and also include information on the impact of measures taken and of results achieved. (Para. 27)
Health: The Committee urges the State party to expand the coverage of health services, including reproductive health care and family planning services, and to address the obstacles that prevent women from having access to such services. The Committee also recommends that sex education be widely promoted and provided, targeting men and women and adolescent boys and girls. The Committee requests the State party to harmonize legislation pertaining to abortion at the federal and state levels. The Committee urges the State party to implement a comprehensive strategy which should include the provision of effective access to safe abortion in situations provided for under the law and a wide range of contraceptive measures, including emergency contraception, measures to raise awareness about the risks of unsafe abortions and nationwide sensitization campaigns about women’s human rights, targeting in particular health personnel, as well as the general public. (Para. 33)
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UN Committee on Economic, Social and Cultural Rights
E/C.12/MEX/CO/4
Last reported: 1-19 May 2006
Concluding Observations adopted: 9 June 2006
Violence: The Committee, while acknowledging the various legislative projects and policies that are currently under adoption in the State party to combat domestic violence, remains deeply concerned about the high rate of domestic violence against women and children and about the fact that the definition of incest in the laws of a number of federated states does not adequately protect victims of incest, especially children. (Para. 19)
(...) The Committee also calls on the State party to ensure the harmonization and promulgation of legislation on domestic violence and incest in all its States, to strengthen and upgrade shelters for battered women and children and to intensify its awareness-raising campaigns and training of judges, prosecutors, police and medical personnel on the criminal nature of such acts. The Committee invites the State party to include information on the results of these measures and on the number of victims, perpetrators, convictions, the types of sanctions imposed and the assistance provided to victims in its next periodic report. (Para. 38)
Trafficking: The Committee notes the absence of disaggregated information in the State party’s report concerning the incidence of trafficking of women and children in Mexico. (Para. 20)
Marriage: The Committee notes with concern that the minimum age for marriage in many states of the State party is 14 years for girls and 16 years for boys, subject to the parents’ consent, and that the age of sexual consent is only 12 years for girls and boys. (Para. 21)
The Committee recommends that the State party raise and equalize the minimum age for marriage for boys and girls, as well as the age of sexual consent, at the federal and state levels. (Para. 40)
Child labour: The Committee is concerned about the high percentage of children below the age of 16 who are engaged in child labour, primarily in the agricultural and industrial sectors where they reportedly often work under poor and hazardous conditions. (Para. 22)
The Committee recommends that the State party consider ratifying ILO Convention No. 138 (1973) concerning Minimum Age for Admission to Employment and that it accordingly raise the minimum working age from 14 years to the age of completion of compulsory schooling and, in any case, to no less than 15 years. The Committee also recommends that the State party invite representatives of Mexican civil society sector to participate in this evaluation process. (Para. 41)
Health: The Committee is concerned about the high rate of maternal mortality caused by unsafe abortions, in particular as regards girls and young women, about reports on obstruction of access to legal abortion after rape, e.g. by misinformation, lack of clear guidelines, abusive behaviour directed at pregnant rape victims by public prosecutors and health personnel, and legal impediments in cases of incest, and about the lack of access to reproductive health services and education, especially in rural areas and in indigenous communities. (Para. 25)
The Committee recommends to the State party to ensure and monitor the full access of rape victims to legal abortion, to implement the Equal Start in Life Programme in all of its states, to ensure full access by everyone, especially by girls and young women, to reproductive health services and education, especially in rural areas and in indigenous communities, and to allocate sufficient resources for these purposes. (Para. 44)
Education: The Committee expresses its concern about the lack of teachers in primary and secondary schools, especially in indigenous and remote areas, the low school attendance by indigenous children, their comparatively poor school performance, the high illiteracy rate among the indigenous population and the limited access to education for, in particular, indigenous and migrant children and agricultural workers under the age of completion of compulsory education. The Committee is also concerned about the reduction in the budget allocated to intercultural and bilingual education. (Para. 26)
The Committee urges the State party to increase the number of primary and secondary school teachers, especially in indigenous and remote areas, as well as the budget for education, in particular for intercultural and bilingual education, to strengthen and upgrade schooling programmes for indigenous and migrant children, child workers and children belonging to other disadvantaged and marginalized groups, in particular girls, and to report on the progress made in achieving universal access to compulsory primary and secondary education in its next report. (Para. 45)
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CCPR/C/MEX/CO/5
Last Reported: 8 and 9 March 2010 Concluding Observations issued: 17 May 2010
Issues raised and recommendations given:
LGBT Rights: The Committee notes with concern reports of acts of violence against lesbian, gay, bisexual and transgender (LGBT) persons. Moreover, while noting that the legal prohibition of discrimination covers discrimination based on sexual orientation, the Committee is concerned at reports of discrimination against individuals on the basis of their sexual orientation in the State party, including in the educational system. The State party should adopt immediate steps to effectively investigate all reports of violence against LGBT persons. It should also strengthen its efforts to provide effective protection against violence and discrimination based on sexual orientation, including in the educational system, and launch a campaign to raise awareness amongst the general public with a view to combating social prejudice. (article 26 of the Covenant) (Para. 21)
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CCPR/C/79/Add.109
Last reported: 16 July 1999
Concluding Observations adopted: 22 and 23 July 1999
Street children: The Committee also deplores the situation of street children, which is constantly worsening. These are the children who are at greatest risk of sexual violence and who are exposed to the practices of sexual trafficking. The State should take effective measures for the protection and rehabilitation of these children in accordance with article 24 of the Covenant, including measures to end prostitution, child pornography and the sale of children. (Para. 15)
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UN Committee against Torture (2012)
Read the report in Spanish here
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UN Subcommittee on Prevention of Torture
(CAT/OP/MEX/1)
Last reported: 16 July 1999
Concluding Observations adopted: 22 and 23 July 1999
Issues raised and recommendations given:
Minor status: During the visit members of the delegation observed that the application and interpretation of the legal provisions concerning guarantees of due process in the area of criminal investigation, which may affect the physical and mental integrity of the accused, were restrictive and not favourable to the person potentially affected. This was evident in acts and practices that infringed the presumption of innocence and interfered with defence mechanisms. The same was observed in relation to the manner in which evidence is evaluated in respect of the rights of children and adolescents. (Para. 59)
To illustrate, in various states the delegation observed minors in jails maintained by the public prosecutor’s office. In the absence of documentation and acknowledgement by the minor of their minor status, and in the absence of birth records — which could have been obtained without much difficulty — the authorities of the public prosecutor’s office ordered a medical opinion of presumed age, which was highly inaccurate and yielded ages with a margin of error of plus or minus three years with respect to the age of majority (18). The delegation also observed that, contrary to the principle of “the best interests of the child”, the individuals’ ages were generally presumed to be at the higher end of the possible range and they were deemed to be adults. Such persons were therefore turned over to adult detention facilities, with all the attendant risks. The delegation had the opportunity during the visit to discuss the matter with doctors and specialists in this area, who admitted that this type of evidence (average age) is rarely reliable and that it was indeed contrary to the interests of the presumed minors. The Subcommittee wishes to register its concern about this situation, which is examined in greater detail below in the section dealing with minors deprived of their liberty. (Para. 60)
The Subcommittee urges the State party to improve controls in respect of the age of people entering prisons in order to ensure that minors are never incarcerated in adult prisons. (Para. 317)
Detainment of mothers: The 2003 General Assembly resolution on human rights in the administration of justice (resolution 58/183) invited Governments, relevant international and regional bodies, national human rights institutions and non-governmental organizations to devote increased attention to the issue of women in prison, including the children of women in prison, with a view to identifying the key problems and ways in which they can be addressed. The Subcommittee recommends that the State party develop policy proposals aimed at ensuring that action is taken to address the special needs of women in prison. The Subcommittee considers that the treatment of women in prison should be guided not only by the United Nations Standard Minimum Rules for the Treatment of Prisoners and other specific guidelines for prisons, but also by all applicable international human rights instruments. In addition to the international standards, States should also comply with the relevant regional standards. (Para. 188)
(...) The Subcommittee also recommends that the State ensure that appropriate arrangements are made for female inmates whose children live with them in the prison and that efforts be made to recruit more staff. (para 318)
Juvenile justice: The Subcommittee has taken note of the recent constitutional reform relating to children and adolescents, implementation of which has been under way since 2005, and is aware that, in the framework of that reform, the various states are implementing the Convention on the Rights of the Child and creating special juvenile courts. The Subcommittee welcomes these efforts, which should be accompanied by training and, most importantly, raising of awareness about proper treatment and the proper application and interpretation of the law in accordance with the principle of the best interests of the child. (Para. 241)
Detainment: The Subcommittee wishes to remind the Mexican Government that, in accordance with international standards, minors deprived of liberty must be treated in a manner that reinforces their sense of dignity and decorum, facilitates their reintegration into society, is conducive to their best interests and takes into account their needs as minors.In addition, the Subcommittee wishes to remind the State party that the privacy of minors held under custody by the State must be respected and that complete, secure and confidential records must be kept. (Para. 250)
The Subcommittee urges the State party to be mindful of rule 24 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), which states: “efforts shall be made to provide juveniles, at all stages of the proceedings, with necessary assistance such as lodging, education or vocational training, employment or any other assistance, helpful and practical, in order to facilitate the rehabilitative process”. (Para. 252)
The Subcommittee wishes to stress the importance of ensuring that personnel responsible for guarding or supervising minors receive special instruction and training, as provided under rule 12 of the Beijing Rules. Accordingly, the Subcommittee recommends that the Mexican State ensure that appropriate instruction, awareness-raising and training is provided for personnel responsible for dealing with minors who are under any type of State custody. (Para. 253)
At the same facility [women’s military prison at Military Camp No. 1], the members of the delegation were pleasantly surprised by the early-childhood education facility available for children aged 6 months to 3 years, which was on a par with any nursery school in the outside world. (Para. 265)
The Subcommittee recommends that the State party take steps to strengthen the juvenile detention centre (Centro de Tutela) in Oaxaca in order to ensure its sustainability and also to ensure that it can serve as a model for other places of detention for minors. (Para. 337)
The Subcommittee urges the State party to intensify efforts to ensure the effective implementation of the international instruments relating to children and adolescents to which Mexico is a party. (Para. 338)
The Subcommittee strongly recommends that the State party take immediate administrative steps and conduct an urgent situation assessment aimed at totally restructuring the juvenile detention and rehabilitation centre (Centro de Internamiento y Adaptación) in Monterrey. The physical conditions at the centre and its administration must be completely overhauled, with the introduction of a whole range of activities that should exist not only in theory only, but also in practice. If the institution cannot be restructured, the Subcommittee recommends that it be closed. (Para. 340)
The Subcommittee urges the State party to be mindful of rule 24 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), which states: “efforts shall be made to provide juveniles, at all stages of the proceedings, with necessary assistance such as lodging, education or vocational training, employment or any other assistance, helpful and practical, in order to facilitate the rehabilitative process”. (Para. 342)
The Subcommittee recommends that the State party ensure that appropriate instruction, awareness-raising and training is provided for personnel responsible for dealing with minors who are under any type of State custody. (Para. 343)
Contact with families: In the same facility there were three minor detainees who had not been able to telephone family members, not even to let their families know where they were. Officials at the facility, when asked, justified this situation by explaining that, among other reasons, “calls cannot be made to mobile phones”. In addition, members of the delegation found that these three minors had not been fed properly. All three were in a very small room with the remains of food they had been given in the morning. One of them told the members of the delegation how concerned he was that his family did not know that he was under arrest at the facility. The Subcommittee wishes to remind the State party that, in accordance with international standards, parents must be informed of the arrest, transfer, release, illness, accident or death of a minor child. (Para. 245)
The Subcommittee urges the Mexican State to ensure that parents of minors in State custody are notified through appropriate channels of communication of their children’s whereabouts. (Para. 254)
Girls in detention: With respect to minor girls deprived of their liberty, members of the delegation were deeply troubled by the statement of one young woman who explained she had suffered a miscarriage while in custody at the centre, which had been followed by a serious infection because, despite having appealed to the guards repeatedly, she had not been taken to a hospital promptly. According to her statement to the delegation, when she first arrived at the centre she had asked the guards to arrange for a pregnancy test because she suspected she was pregnant. No such test was ever done. The delegation members were truly disturbed by what they heard from all the young people interviewed at this facility. The delegation was told that inmates were not allowed to keep any personal belongings, not even pictures of their families. One of the inmates recounted how the guards had taken away a photo he had of his mother. (Para. 247)
The delegation wishes to express its concern at the conditions in which the minors deprived of their liberty were being held at the centre at the time of the visit. The delegation found evidence of cruel, inhuman and degrading treatment. Members noted that this juvenile detention centre is the antithesis of what the constitutional reform in this area was intended to achieve. (Para. 248)
The Subcommittee strongly recommends that the State party take immediate administrative steps and conduct an urgent situation assessment aimed at totally restructuring this institution. The physical conditions at the centre and its administration must be completely overhauled, with the introduction of a whole range of activities that should exist not only in theory, but also in practice. If the institution cannot be restructured, the Subcommittee recommends that it be closed. (Para. 249)
Sexual abuse: The delegation interviewed police officers from the Office of the Public Prosecutor, members of the State Human Rights Commission of the Federal District and members of civil society organizations with regard to the events of 17 July 2008 and the death, torture, rape and sexual abuse of minors who were inside the News Divine nightclub during a police raid in Mexico City. The Subcommittee wishes to point out that torture must be prevented in all places or situations in which the victims are under the custody of State officials, including both public and private places or modes of transport. In the case of the News Divine raid, the Subcommittee believes that, with a view to preventing similar occurrences in the future, a thorough criminal, civil and administrative investigation must be carried out in order to establish not only the criminal responsibility of those directly responsible, but also the State’s responsibility for acts or omissions of public officials in the way the raid was handled. The Subcommittee recommends that the State include in training programmes for law enforcement officials strategies for preventing torture and cruel treatment during police operations in which people in public or private places are taken into custody and transported to police stations. (Para. 251)
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UN Committee on the Elimination of Racial Discrimination
CERD/C/MEX/CO/16-17
Last reported: 14 - 15 February 2012
Concluding observations issued: 9 March 2012
Read the full report in Spanish here
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UN Committee on Migrant Workers
CMW/C/MEX/CO/2
Last reported: 4 - 5 April 2011
Concluding observations issued: 3 May 2011
Read the full report in Spanish here
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UN Committee on the Rights of Persons with Disabilities
CRPD/C/MEX/CO/1
Last reported: 16 and 17 September 2014
Concluding observations issued: 30 September 2014
Issues raised:
Women with disabilities (art. 6): The Committee is concerned at the lack of specific assistance measures implemented by the State party to prevent and combat intersectional discrimination against women and girls with disabilities and the lack of information in this regard. (para 13)
The Committee recommends that the State party: (a) Put into effect the legislation and all of the programmes and actions targeting women and girls with disabilities, including corrective measures and affirmative action, to eradicate discrimination in all aspects of life, in both urban and rural areas, and to ensure their effective participation in the design and implementation of these measures; (b) Systematically compile data and statistics on the situation of women and girls with disabilities, together with indicators for the evaluation of intersectional discrimination. (para 14)
Children with disabilities (art. 7): The Committee is concerned at the high rate of child abandonment and the institutionalization of children with disabilities, at the prevalence of the welfare approach to their care and at the limited scope of specific measures taken for them in rural areas and indigenous communities. The Committee is also concerned that children with disabilities are not systematically involved in decisions that affect their lives and that they do not have the opportunity to express their views regarding matters of direct interest to them. (para 15)
The Committee recommends that the State party: (a) Ensure that children with disabilities, especially those in rural areas and indigenous communities, are taken into account in laws, policies and measures regarding children, on an equal basis with their peers and based on the principle of inclusion in the community; (b) Put in place safeguards to protect the right of children with disabilities to be consulted in all matters of concern to them and to ensure that they receive assistance appropriate to their disability and age. (para 16)
Situations of risk and humanitarian emergencies (art. 11): The Committee notes with concern the lack of specific prevention, protection and assistance plans for persons with disabilities in situations of risk and humanitarian emergencies. (para 21)
The Committee recommends that the State party: [...] (c) Train all civil defence staff in addressing issues of security and protection for persons with disabilities in situations of risk — such as armed violence, humanitarian emergencies and natural disasters — including a gender and age perspective. (para 22)
Access to justice (art. 13): The Committee is concerned at the limited access to justice of persons with disabilities from indigenous communities, of women and girls with disabilities who are the victims of violence and abuse, of persons with disabilities living in institutions and of children with disabilities. (para 25)
The Committee recommends that the State party: (a) Adopt priority corrective measures to ensure that the groups of persons with disabilities who are particularly discriminated against also have access to justice; (b) Provide legal aid to persons with disabilities who live in poverty or in institutions; (c) Ensure that all children with disabilities have access to justice and may express their opinion in the course of the determination of the best interests of the child, through procedural accommodations appropriate to their age and specific disability-related needs. (para 26)
Freedom from exploitation, violence and abuse (art. 16): The Committee notes that women and girls with disabilities, especially those from indigenous communities, are often the victims of violence and abuse and do not have access to effective protection or reparation measures. (para 33)
The Committee urges the State party to implement existing legislative and policy measures to prevent violence against women and girls with disabilities and to provide protection and reparation to those who fall victim to it. The Committee requests the State party to periodically compile data and statistics on the situation of women and girls with disabilities in respect of violence, exploitation and abuse, including femicide. (para 34)
The Committee is concerned at the lack of protection against violence and abuse for children with disabilities. It is further concerned by the absence of protocols for the registration of shelters and other residential centres for children with disabilities and the oversight of conditions there. (para 35)
The Committee urges the State party to: (a) Take steps to prevent and eliminate all forms of domestic or institutional violence against children with disabilities; (b) Duly investigate cases of violence and abuse against children with disabilities in order to avoid the impunity of perpetrators; (c) Set up an independent oversight mechanism, in line with article 16, paragraph 3, of the Convention, to register and oversee conditions in shelters and other residential centres for children with disabilities. (para 36)
Protecting the integrity of the person (art. 17): The Committee is concerned that persons with disabilities are being sterilized without their free and informed consent in institutions such as Casa Hogar Esperanza, where, according to reports received by the Committee, forced or coerced sterilization is recommended to, authorized or performed on girls, adolescents and women with disabilities. (para 37)
The Committee urges the State party to launch administrative and criminal investigations into the judicial and health authorities and institutions that recommend, authorize or perform forced sterilizations on girls, adolescents and women with disabilities and to guarantee access to justice and reparation for victims. (para 38)
Liberty of movement and nationality (art. 18): The Committee notes that the steps taken to promote the registration of children with the civil registry have not led to the universal registration of children with disabilities. (para 41)
The Committee urges the State party to ensure that all children with disabilities are immediately registered at birth and are provided with an identity document. (para 42)
Respect for home and the family (art. 23): The Committee notes that the Civil Code restricts the right of some persons with disabilities to marry and their right to custody and guardianship of their children. It further notes that children with disabilities living in poverty are at greater risk of abandonment and placement in institutions. (para 45)
The Committee urges the State party to: [...] (d) Opt for the placement of all abandoned children with disabilities in foster care instead of in institutions and ensure that foster families receive the requisite support for their care. (para 46)
Education (art. 24): The Committee is particularly concerned at: (a) The persistence of the special education model; (b) The fact that not all children with disabilities receive an education; and (c) The lack of accessible schools and didactic materials, including textbooks in Braille and sign-language interpreters. (para 47)
The Committee calls on the State party to: (a) Establish, in law and policy, an inclusive education system at all levels — primary, secondary and post-secondary — along with provisions for reasonable accommodations, adequate funding and training for regular teachers; (b) Adopt measures to ensure that all children with disabilities receive an education, especially those with intellectual and psychosocial disabilities, blind-deaf children and those from indigenous communities; and (c) Urgently implement measures for the accessibility of schools and didactic materials, including Braille and sign language, and ensure their use from the start of education. (para 48)
Adequate standard of living and social protection (art. 28): The Committee is deeply concerned at the exclusion, poverty, lack of access to drinking water, sanitation and decent housing, and the overall conditions of poverty experienced by indigenous persons with disabilities and at the lack of information in this regard. It is further concerned that the National Commission for the Development of Indigenous Peoples does not have a work programme for persons with disabilities and that its own premises and services are not accessible. (para 53)
The Committee urges the State party to: [...] (c) Take special measures to eliminate the particular disadvantages faced by indigenous women, children and older persons with disabilities who have been abandoned or live in extreme poverty.
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UN Committee on Enforced Disappearance
CED/C/MEX/CO/1
Concluding Observations on the Reports Submitted Under Article 29 (1)
Adopted by Commmittee: 2-3 February 2015
Published: 5 March 2015
Issues Raised:
Disappered Students:
The grave case of the 43 students who were subjected to enforced disappearance in September 2014 in the State of Guerrero attests to the serious challenges the State party faces in the prevention, investigation and punishment of enforced disappearances and the search for disappeared persons. The Committee encourages the State party to implement its recommendations, which are made in a constructive spirit of cooperation, in order to ensure that legislation in force and its implementation by the federal, state and municipal authorities are in full compliance with the rights and obligations established in the Convention.
(para. 10)
Migrants:
The Committee is concerned by reports that there have been numerous cases of disappearances of migrants, including migrant children, and that these cases include cases of enforced disappearance.
(para. 23)
Disappered Children:
Children who are victims of enforced disappearance, either because they themselves were subjected to disappearance or because they suffer the consequences of the disappearance of their relatives, are especially vulnerable to multiple human rights violations, including the loss of their identity. The Committee therefore places special emphasis on the need for the State party to take account of gender perspectives and child-sensitive approaches when upholding the rights and fulfilling the obligations set out in the Convention.
(para. 47)