Constitutional, legislative and institutional framework
Legislative harmonization: inclusion of indigenous and migrant women in legislation
1.The amendment to article 73 of the Constitution empowers the Federal Congress to harmonize, as a minimum, the criminal offences and sanctions for kidnapping, enforced disappearance and human trafficking. The entire country is harmonized where kidnapping and disappearance are concerned. With regard to trafficking, 21 federative entities are harmonized with the General Act, 4 have no legislation and 7 have laws that precede the General Act.
2.National meetings on legislative harmonization are held to analyse state laws from a gender and human rights perspective and ensure that local congresses have a judicial basis to repeal, addend, adopt or amend regulations to safeguard the full enjoyment by women of their rights. The federative entities’ gender-based legislative agendas are the result of these meetings.
3.Mexico holds appropriate consultations with indigenous peoples and communities on the basis of the national protocol on consultations with indigenous peoples and communities in accordance with the standards established in International Labour Organization (ILO) Convention No. 169, as well as the report on the national consultation on the rights situation of indigenous women in their villages and communities.
Incorporation of the principle of equality
4.Equality between women and men is recognized in the Mexican Constitution; article 1 stipulates that all persons shall enjoy all human rights recognized in the Constitution and in the international treaties ratified by Mexico, without discrimination of any kind; article 4 establishes equality between women and men.
5.In accordance with the Mexican Constitution, discrimination on the basis of sex, gender, age and other factors is prohibited. In addition, there are specific regulations that prohibit all forms of discrimination. The Federal Prevention and Elimination of Discrimination Act establishes criteria to respect, protect, safeguard and promote the right to equality and non-discrimination.
6.The 32 federative entities each have an anti-discrimination law; 31 explicitly prohibit discrimination on the grounds of gender and 29 have anti-discrimination provisions in their local constitutions.
Access to justice
Impact of protocols
7.The protocols of the Supreme Court facilitate the work of the judiciary in line with national and international standards; they provide methodologies to identify and evaluate differentiated impacts of standards; stereotypes in law; legal exclusions based on identity, sex and/or gender; unequal distribution of resources and power; and the legitimacy of the establishment of differentiated treatments in standards, decisions and judgments.
8.In April 2017, the Electoral Tribunal of the Federal Judiciary submitted a protocol for defenders of the political and electoral rights of indigenous peoples and communities.
9.The protocol for the investigation of the crime of femicide by prosecutors, the police and experts is being evaluated by the technical commission for the analysis and evaluation of the protocol in Mexico City, while the protocol for conducting prosecution proceedings relating to human trafficking is being reviewed by the Mexico City inter-agency commission to combat trafficking in persons.
Interpretative criteria in the resolution of cases
10.The interpretative criteria founded in case law, judgments and opinions are based on human rights and are aimed at ensuring maximum protection of the person. In addition, all courts must deliver justice from a gender perspective, recognizing the human rights to equality and non-discrimination on the basis of gender, pursuant to precedential opinion 1a./J. 22/2016 (10a).
11.The Electoral Tribunal of the Federal Judiciary has issued judgments, opinions and case law on gender parity in candidacies for elections and political violence against women.
12.Activities carried out include the signing of declarations and the analysis of judgments to identify discriminatory practices, seek solutions and ensure the immediate intervention of the competent authorities.
13.The Supreme Court ordered the authorities to take comprehensive measures with a gender perspective to ensure due diligence in situations of violence against women.
14.The Inspectorate General of the Office of the Attorney General of the Republic carries out technical and legal evaluations and monitors and oversees the work of the Public Prosecutor’s Office, federal police officers, experts and ministerial officials. Their work is assessed in accordance with regulations and respect for human rights. The Inspectorate General opens investigations into cases of non-compliance.
15.In 2017, the National Council for Public Security agreed that the Office of the Attorney General of the Republic and the prosecutors of the 32 federative entities should initiate investigations into any wilful violent deaths of women under the femicide protocols.
Access to information
16.In accordance with articles 63 and 85 of the General Transparency and Access to Public Information Act, the guarantor agencies, whether ex officio or at the request of individuals, should ensure compliance with transparency obligations.
17.The Directorate-General for Liaison with the Legislative and Judicial Branches verifies the transparency obligations of the Supreme Court and the Council of the Federal Judiciary and must publish, among other things, decisions and awards reached in proceedings that take the form of a trial, and public versions of judgments in the public interest. With regard to the publication of decisions and awards, in the first evaluation, the compliance rate of the Supreme Court was 64.5 per cent and the Council of the Federal Judiciary’s rate was 94.5 per cent. In the second evaluation, they both had 100 per cent. On the publication of judgments, in the first and second stages, both had a 100 per cent compliance rate.
18.The National Institute for Transparency, Access to Information and Data Protection and the National Institute for Women have an agreement on transparency to incorporate the gender perspective in activities related to access to information; protection of personal data; document management; open government; proactive transparency and archives; and promotion of a culture of equality and non‑discrimination.
19.In 2017, a national federal and state survey on transparency, access to public information and protection of personal data was conducted.
20.The Electoral Tribunal of the Federal Judiciary has issued judgments on compliance by political parties with gender quotas for the registration of candidates, political representation of women at the local level, number of cases brought as a result of gender quotas, criteria on gender parity, vertical and horizontal gender parity, gender parity in party leaderships and judgments related to the rights of sexually diverse persons.
Training for the judiciary and public servants
21.The federal judiciary has broadened its training substantially, providing mandatory and optional training courses for judicial personnel. Disciplinary measures are brought in cases of non-compliance.
22.In addition to the Council of the Federal Judiciary’s inter-agency committee on gender equality and the Technical Secretariat for the Monitoring and Evaluation Committee for the Pact to Introduce the Gender Perspective in the Judicial Bodies, the Supreme Court and the Council of the Federal Judiciary have gender equality units that are being continuously strengthened.
Access to justice for rural and indigenous women
23.The Supreme Court has taken the following decisions to monitor and assess impact:
(a)Decision on indigenous communities and peoples. Within the scope of their powers, all authorities are obliged to consult indigenous communities and peoples before taking any action or measure that could affect their rights and interests;
(b)Effective access to the protection of the courts. How this human right is to be guaranteed with regard to indigenous persons. Women victims (Inés Fernández Ortega and Valentina Rosendo Cantú) requested the evaluation of proceedings to follow up on reparation measures. Consequently, in December 2011, a case was opened, entitled Miscellaneous No. 1396/2011, which determines the obligation of the judiciary to take administrative measures to follow up on the decisions of the Inter‑American Court of Human Rights.
24.The Supreme Court ruled that, in cases of sexual violence against women, judges must obtain and evaluate evidence from a gender perspective and must take into account the nature of the rape, give greater weight to testimony and assess inconsistencies in the victim’s account in accordance with the traumatic nature of the events and intersecting factors, among other factors.
25.When a woman is involved in a case, judges must identify power relationships between the parties, question facts and evaluate evidence without prejudice or stereotypes, question the neutrality of the applicable law, investigate disadvantages owing to gender issues, assess the differentiated impact of the solution and apply the highest human rights standards.
26.The Supreme Court has issued decisions to promote, inter alia, access to justice for indigenous women, the inclusion of the gender perspective in judicial bodies and the consideration of indigenous culture and customs together with state regulations. In order to safeguard indigenous women’s access to justice, the Federal Public Defender Service has 25 public defenders and 21 administrative officers who know and speak an indigenous language and are capable of informing them of their rights and defending them in 34 languages.
27.In 2016, the Electoral Tribunal of the Federal Judiciary established the Federal Electoral Public Defender Service for Indigenous Peoples and Communities, which provides free electoral advice and defence services.
28.The Office of the Attorney General of the Republic provides indigenous persons with interpreters or translators and provides training on the rights of indigenous peoples and women’s rights to state institutions and to women interpreters and bilingual lawyers who, in turn, pass on the training to indigenous men and women from their communities.
29.In 2016, the Executive Commission for Victim Support coordinated differentiated and specialized research, with a gender perspective, into victimization that affects the rights of indigenous persons. On that basis, the Executive Commission is developing a protocol for the care of indigenous victims, especially indigenous women, with a gender-sensitive and intercultural approach.
National machinery for the advancement of women
Harmonization of the national system for equality between women and men
30.As at the end of 2017, there are 21 gender equality units in the Federal Administration, 4 in autonomous agencies, 2 in the legislature and 2 in the judiciary. These units promote the incorporation of the gender perspective in the design, planning, programming, budgeting and evaluation of public policies, within the scope of their jurisdiction, and in the organizational culture. The heads of these units operate within the national system for equality between women and men.
31.Several agencies of the Federal Administration have gender liaison officers in their head offices or state delegations. There are currently more than 500 liaison officers. The 32 high courts in the federative entities have gender equality units and, since 2014, the National Conference of Governors has a commission for equality between women and men.
32.At the state level, there are state systems for equality between women and men, similar to the national system. State laws on equality between women and men require the establishment of such state systems in 31 federative entities; 30 of them are operating.
Temporary special measures
National Programme for Equal Opportunity and Non-Discrimination against Women
33.Autonomous agencies and the legislative and judicial branches, as well as the federative entities, are assigned specific actions under the National Programme for Equal Opportunity and Non-Discrimination against Women.
34.The National Programme had modest goals with regard to the political participation of women. However, in 2014 legislation was enacted on parity in candidacies to state congresses. Thanks to state legislatures and the intervention of the judiciary, regulations now ensure vertical and horizontal parity. Today, all political parties have an obligation to ensure parity, which is monitored by the National Electoral Institute.
Temporary special measures for equality
35.There is support for affirmative action measures to bridge the inequality gaps affecting the leadership of indigenous women, poor women, women heads of household, women with disabilities, older women, young women and migrant women, in the form of efforts in the fields of education, health, employment, political training, economic autonomy and influence in decision-making.
Stereotypes and discriminatory practices
Measures to eliminate sexist language and discriminatory stereotypes
36.Each year, the Ministry of the Interior issues guidelines for the promotion of gender equality in the social communication campaigns of the Federal Administration. The agreement on the exchange of audiovisual content and material between the Under-Secretariat for Regulation of the Media, the Mexican Public Broadcasting System and the Notimex press agency envisages the creation and dissemination of materials advocating gender equality.
37.All agencies have strengthened awareness-raising, management and information activities related to gender equality, the eradication of discriminatory stereotypes, non-sexist language, human rights and the prevention of gender-based violence. It is a gradual process that requires continuity, continuous assessment and redesign.
38.In 2011, the National Council for the Prevention of Discrimination prepared a manual on discrimination-free writing. These suggestions for journalism without labels aim to ensure that journalists identify and avoid discriminatory, sexist or exclusive practices.
Measures to tackle multidimensional discrimination
39.With the goal of changing social and cultural patterns, the National Council for the Prevention of Discrimination provides training in the Federal Administration, the federative entities and other Government offices on direct and indirect discrimination and discrimination on the basis of sex, gender, age, race, ethnicity or sexual orientation.
40.While recognizing that much work remains to be done to combat discrimination, the Mexican State is also working to change the image of women in the home, community, school, workplace, media, science and technology by highlighting their skills and talents; demonstrating the benefits of including them in decision-making; promoting the redistribution of unpaid work in the home and care-giving; designing compensation, levelling and inclusion mechanisms; and by amending the division and segregation of labour by encouraging greater participation by men in the home.
Awareness-raising campaigns targeting indigenous communities
41.There are continuous campaigns targeting indigenous populations which cover equality in areas such as education, access to health, productive projects, preventing and addressing violence against women and girls, prevention of adolescent pregnancy, sexual and reproductive rights and property rights.
42.Through various programmes and resources, Mexico supports civil society organizations in their efforts to strengthen the capacities of the indigenous population in the areas of gender equality, women’s rights and combating violence. Examples include the PROEQUIDAD and social conversion programmes and the support provided by the National Commission for the Development of Indigenous Peoples.
Violence against women
Measures to ensure harmonization
43.The project to harmonize legislation in Mexico is an ongoing effort and has exceeded established targets. In 2018, in the annex on pro-equality expenditures, 34 million pesos were authorized for this legislative work, allowing the gender equality commissions in the local congresses to promote equality in the country.
44.Currently, the 32 federative entities have criminalized the offence of femicide, in accordance with most of the criteria established by the Federal Criminal Code.
45.In 2013, the National Institute of Statistics and Geography started to collect information from public prosecutors’ offices and the courts. Despite these efforts, there is still an incomplete record of the number of femicides. A robust statistical process to record each case has now begun.
46.In 2013, according to data from open cases and preliminary investigations, there were 353 cases involving 247 persons charged; in 2014, 443 and 341; in 2015, 730 and 1,156; and in 2016, 631 and 424. The numbers for those prosecuted were 271 in 2013; 325 in 2014; 284 in 2015; and 327 in 2016. For convictions, the data were: 110 in 2013; 63 in 2014; 79 in 2015; and 83 in 2016. It should be noted that the process of law enforcement and the administration of justice in Mexico is slow and these figures for cases with convictions reflect proceedings that were brought a long time ago.
47.There are also mortality statistics broken down by cause, showing deaths by wilful injury, which is used as a proxy indicator for femicide. There are significant differences between such data recorded as homicides of women and victims of femicide. These differences arise owing to various reasons, which may be technical or conceptual, or the result of how they are recorded. However, efforts are being made to achieve accurate recording.
48.Two comprehensive strategies are ongoing: (1) the national agreement for all state public prosecutors’ offices to investigate any female homicide in accordance with the femicide protocols beginning in December 2017; and (2) the revision of records of cases of murders of women in an attempt to identify whether they were alleged femicides.
49.In addition, there are multiple agencies established in the different federative entities to care for women victims of violence, with resources and budgets, as well as justice centres (38 in 26 federative entities).
50.Several entities have developed digital tools, such as the system for the investigation of femicides and homicides of women in Morelos, where the status of each case or preliminary investigation can be consulted, and the judicial system for administrative management in Tabasco, whose module for gender-based violence has a mandatory field where judges must indicate the conventions and protocols applied. This reflects local efforts and the commitment to address violence.
Training in identifying gender-based violence
51.The Council of the Federal Judiciary, the Supreme Court, state courts and local judiciaries have strengthened training activities for their staff in the areas of the administration of justice with a human rights approach, treaty compliance and gender perspective and even internal matters, ranging from affirmative action and work-life balance to an organizational culture free of violence.
52.The national health system monitors the application of Mexican official standard NOM-046-SSA-2005 EF, allowing for the establishment of inter-agency and intersectoral coordination and disseminating the applicable criteria for the prevention and treatment of sexual violence, counselling, training and registration of cases and lawsuits. Thirty-two state health services offer awareness-raising and training for staff in gender-based violence; care for women who experience violence; legal advice; and guidance on the lawful termination of pregnancy in cases of rape, among other activities.
53.Offices of public prosecutors have expanded their offerings of courses, workshops, diploma courses and seminars aimed at the country’s police agencies in such areas as women’s rights, trafficking, equality, gender perspective, femicide, gender-based violence, investigation with a gender perspective and enforced disappearance.
54.The coverage of awareness-raising, training and professionalization of public officials responsible for assisting women who are victims of violence in federative entities that have a gender violence alert mechanism has also been strengthened and expanded. The Comprehensive Programme to Prevent, Address, Punish and Eradicate Violence against Women includes comprehensive training activities, and training activities for the police, military and prosecutors in the investigation of crimes of violence against women are reported to the national system to prevent, address, punish and eradicate violence against women.
System for the collection of statistical data on violence against women
55.Beginning in January 2018, the Executive Secretariat of the National Public Security System implemented a monthly reporting system for crimes against women that operates throughout the country.
56.Currently, the national data and information bank on cases of violence against women, operated by 30 of the 32 federative entities, covers more than 300 recording variables. In 2017, the databank shared its computer system for the recording of cases of violence against women in nine federative entities to allow for harmonized information. To date, it shows that 95 per cent of perpetrators of violence are men, compared with women at 5 per cent. There is also an integrated system of statistics on violence against women, which contains 272 indicators.
57.The Executive Commission for Victim Support runs the federal victims registry on a platform that includes the system for the transmission of information, allowing for the integration of the national roll of victims.
58.The gender violence alert mechanism promotes greater systematization of information in the federative entities. The State of Mexico has systematized information and the associated georeferencing to design prevention policies. The State of Morelos has activated a violence against women traffic light, which links information from emergency calls to the information of the Office of the State Attorney General, and produces a monthly georeferenced index of violence against women. The State of Guanajuato has redesigned its State databank on cases of violence against women, in conjunction with the municipalities. The State of Colima has updated its databank. The States of Quintana Roo and Tabasco have acquired the Ministry of the Interior software for their databanks. The State of Puebla has designed a system to record cases and ensure follow-up. Mexico City has created a system to identify and address the risks of femicidal violence, which coordinates inter-agency efforts, and has developed a network of information on violence against women, the purpose of which is to collect, process, classify and follow up on information. The State of Nuevo León is compiling a state database containing information on cases of violence handled or identified in the agencies that work to prevent, address, punish and eradicate violence against women. The State of Querétaro has a state databank on women victims of violence.
59.Mexico is aware that all these efforts are insufficient and knows that there is a need to interlink systems, address information gaps and ensure national harmonization. To that end, the Ministry of the Interior has asked the National Institute of Statistics and Geography to catalogue all data on violence against women as information in the national interest, and to undertake statistical projects to obtain the necessary statistics.
2014-2018 Comprehensive Programme to Prevent, Address, Punish and Eradicate Violence against Women
60.The Federal Executive is responsible for implementing the above Programme, but civil society organizations monitor compliance and request information on progress achieved. In addition, provision is made for their participation in some of the Programme’s action lines, in order to promote their participation in the care of women victims of violence and their daughters and sons, in the process to empower women victims of violence and as part of the comprehensive national policy. Mechanisms are also being sought to reach agreements between the private sector and civil society organizations to find employment for women in situations of violence.
61.The General Act on the Enforced Disappearance of Persons, Disappearances Perpetrated by Individuals and the National Missing Persons System was published in November 2017 and entered into force in January 2018. It provides for the distribution of competencies and coordination by the authorities to prevent, investigate, punish and eradicate crimes of enforced disappearance and disappearance perpetrated by individuals; defines criminal offences for the country as a whole; creates the National Missing Persons System and the National Register of Disappeared Persons; and orders the establishment of local commissions. It also indicates ways in which relatives can participate in the design, implementation, monitoring and evaluation of activities to search for and identify disappeared and missing persons.
62.The National Commission for the Prevention and Elimination of Violence against Women has an agreement with the Office of the Attorney General of the State of Chihuahua to adapt the Alba Protocol and comply with the standards of the “Campo Algodonero” judgment of the Inter-American Court of Human Rights. In the context of the national system to prevent, address, punish and eradicate violence against women, state authorities were urged to implement the Alba Protocol, through the use of its implementation guide, but this has been achieved in only six federative entities.
Gender violence alerts
63.Three and a half years after implementation of the new gender violence alert mechanism, it has been determined that the federative entities do not have institutions capable of addressing violence against women. Consequently, work is under way to strengthen preventive action, and the national system to prevent, address, punish and eradicate violence against women is being restructured to ensure that it has an impact in the federative entities and their municipalities, through the state systems. No structure or tool is currently in place to assess the impact of the mechanism.
Measures to identify criminals
64.There is a group of officers in the Federal Criminal Investigation Police who are highly trained in the investigation of crimes of violence against women and trafficking in persons. This Criminal Analysis Unit has real-time access to the databases and investigation tools used by the National Centre for Planning, Analysis and Information to Fight Crime. However, these resources are insufficient.
Campaigns to prevent violence against women and girls
65.The National Commission for the Prevention and Elimination of Violence against Women constantly disseminates information on respect for the rights of women and the fostering of a culture of non-violence through campaigns such as “Not all men are alike” and “New ways of being a man” and on the prevention of violence with the hashtag #NavegaSegura (safe browsing). In 2017, the Commission held the first regional meeting for media awareness-raising, with the slogan “Communicate for equality: the media as builders of a culture of peace”; and signed an agreement with the National Autonomous University of Mexico to investigate depictions of gender and violence against women in digital and entertainment media.
66.On social networks, campaigns have been disseminated on preventing violence against women (including campaigns promoting the hotline 01800 Háblalo (speak out) and justice centres for women); types of violence (including dating violence); and eliminating gender stereotypes and new masculinities. The Media Observatory, in addition to promoting inclusive language, focuses on preventing online harassment, cyber violence and adolescent pregnancy.
67.The health sector has introduced programmes for state health services such as “Intervention for the prevention of gender-based violence in adolescence and youth”, which offer care for adolescents and young people and prevent dating violence and sexual violence in the community.
68.Educational health promotion strategies include JuvenIMSS Jr., aimed at adolescents aged between 10 and 14 years, and JuvenIMSS for adolescents aged between 15 and 19. Their purpose is to prevent violence, promote lifestyle changes and develop skills. Other efforts to address violence prevention include ChiquitIMSS Jr, ChiquitIMSS, Her and Him with PrevenIMSS and Active Ageing PrevenIMSS.
69.Shelters for indigenous women have strengthened training to prevent and address gender-based violence with a focus on sexual and family violence against girls, adolescents and adult women, from the social, psychological and access-to-justice angles, in order to recognize, identify, prevent and address the problem of these forms of violence with a focus on human rights. The training includes teachers, parents and children and adolescents in their communities.
70.The National Institute for Women and the women’s advancement mechanisms also implement continuing campaigns.
Victims of sexual violence and abuse
71.In 2017, the Federal Criminal Code was reformed to punish those who commit crimes of sexual harassment, sexual abuse, statutory rape and rape.
72.In the same year, an agreement was reached to promote the harmonization of local laws in line with federal law in order to protect girls and adolescents against the crime of child sex abuse, with a view to eliminating expressions such as “indecent assault”, “rape through deception” and “molestation” and ensuring that these offences are prosecuted automatically. The age of sexual consent was raised from 12 to 14 years and provisions were established to allow for reparations for crimes of a sexual nature.
73.Work is undertaken with agencies to protect and assist victims throughout the law enforcement process, although a comprehensive project is required to prevent crime, encourage reporting and facilitate the process of law enforcement and the administration of justice.
Trafficking in persons
Cases, investigation process and penalties for trafficking in persons
74.The General Act for the Prevention, Punishment and Eradication of Crimes of Trafficking in Persons and for the Protection and Assistance of Victims was published, determining competencies and coordination channels, harmonizing offences, establishing shelters and providing federal and state funds for victims. Twenty-six federative entities have already harmonized their laws with the General Act.
75.The National Autonomous University of Mexico’s human trafficking legislation observatory monitors and supervises improvements in the law. There is also a national information system on trafficking in persons that provides recording, consultation, monitoring and analysis of cases.
76.The number of preliminary or opened investigations into trafficking at the local level rose from 187 in 2012 to 500 in 2014 and 454 in 2015. There was also an increase in the number of those accused: between 2012 and 2016 there were 2,502. The number of registered victims is related to the number of investigations; between 2012 and 2016, there were 3,396 victims of trafficking. Between 2012 and 2017, more than 700 judgments were issued at the local level.
77.At the federal level, as at 2016, 70 judgments had been issued for direct amparo proceedings; 68 in amparo reviews; 26 in indirect amparo proceedings; and 9 in criminal trials for trafficking.
78.Steps have been taken to prevent trafficking and implement a comprehensive strategy that includes awareness-raising, training, education, and a code of conduct for the protection of children and adolescents in the tourism industry.
79.Mexico faces challenges in the matter of shelters for victims of trafficking, particularly at the local level. The Office of the Attorney General of the Republic has a special shelter to provide comprehensive care and protection to victims of trafficking and extreme gender-based violence that has been improved in all aspects.
80.Eleven federative entities have protocols for the detection, identification and care of migrant victims and/or potential victims of trafficking. Protocols are being reviewed in six federative entities and they are being established in fifteen.
81.In addition, there is a fund to support victims of trafficking offences.
Measures to prevent trafficking for purposes of sexual exploitation and forced labour
82.Mexico has agreements with the Department of Justice of the United States of America to strengthen coordination to combat trafficking.
83.The “Freedom without deceit or false promises” and “Blue Heart” campaigns in the health sector, which also cover indigenous girls; the campaigns “#Here I am”; “They make it seem really nice”; “Against abuse in recruitment”; “Ask, take notes, check”; “What did they promise you?”; “Trafficking has a face, open your eyes”; and the campaign against the sexual exploitation of children and trafficking in persons have been widely disseminated. All materials were shared with the federative entities. In addition, a national campaign against trafficking in persons was conducted in 21 indigenous languages, and in 2017 a radio soap opera was broadcast in rural or indigenous communities in four federative entities.
84.The Office of the Attorney General of the Republic provides the “Atención PGR” service on a 24/7 basis. The National Institute of Migration has developed a protocol for the detection, identification and care of migrant victims and/or potential victims of trafficking in Mexico. Staff of the Institute have received training through the national programme for training to combat trafficking in persons and, in 2017 alone, there were 1,201 proceedings to prevent and address this problem in several federative entities.
85.There is a comprehensive programme to provide care and assistance to victims of crimes of trafficking in persons, while the programme on the rights of indigenous peoples promotes the prevention of this crime. The National Human Rights Commission has a trafficking in persons programme that provides training in the identification and handling of cases from a human rights perspective, particularly focused on the rights of children and adolescents and of vulnerable populations, such as indigenous persons.
Participation in political and public life
86.In 2018, the annex on pro-equality expenditures allows resources to be earmarked for the National Electoral Institute for training and education in the democratic exercise of citizenship; leadership, electoral legal support and logistical support; granting of privileges to political parties and control of their resources; and the administration of radio and television slots. In addition, the Institute will receive 106.6 million pesos to support civil society organizations that promote women’s political leadership.
87.The Electoral Tribunal of the Federal Judiciary has strengthened its commitment to gender parity. The criteria issued by the Upper Chamber are clear: regarding the constitutional and legal obligation to ensure the effective participation of both genders, political parties must comply with the principle of parity in internal processes to elect governing bodies, which goes beyond the composition of party leadership bodies (SUP-JDC-369/2017 and subsequent rulings).
88.The Tribunal has an equal rights and gender parity programme that promotes stronger legal tools for electoral authorities. It is also responsible for the dissemination of defence mechanisms, such as action to protect the political and electoral rights of citizens, and the implementation of the protocol to address political violence against women.
Measures to address structural discriminatory practices and attitudes
89.The Women’s Political Participation Observatory is an initiative of the National Institute for Women, the Electoral Tribunal of the Federal Judiciary and the National Electoral Institute that coordinates activities to promote women’s participation. It is composed of representatives of the legislature, the judiciary and agencies of the Federal Administration; civil society organizations; political parties and associations; the National Human Rights Commission; academic institutions and women experts in political participation. Twenty-seven state observatories were established between late 2015 and 2018.
90.There is a free educational platform for women to develop skills and knowledge in such fields as gender equality, political representation, public policies, electoral campaigns, political communication, legislative negotiation and strategic management. The platform is open, organized in modules and formally recognized. As at the end of 2017, 3,776 persons (88.6 per cent women) had registered.
91.Between 2016 and 2017, the Federal Electoral Public Defender Service for Indigenous Peoples and Communities provided services to 158 women and processed 96 indigenous electoral requests related to gender-based political violence, the right to be elected, denial of registration and the right to take and hold office.
92.The Office of the Special Prosecutor for Electoral Offences serves women candidates victims of political violence and has ordered protection measures for indigenous women victims of political violence. It has a database that can show the location, community and language of the women who bring complaints.
93.Since 2013, more than 100 indigenous women leaders from Mexico and Central America have participated in the diploma course to strengthen leadership among indigenous women, in which students developed a proposal with a political impact.
94.There were 15 intercultural dialogues on indigenous legal systems in electoral matters; a national colloquium on indigenous legal systems; and intercultural dialogues on legal systems in electoral matters.
95.Twelve bills have been presented in the Congress of the Union to criminalize political violence against women.
96.In 2017, the Chamber of Deputies approved the draft decree amending the General Women’s Access to a Life Free of Violence Act, the General Electoral Institutions and Procedures Act and the General System for Contesting Election Results Act. The aim of the draft decree, which is before the Senate, is to establish mechanisms to prevent, address and punish political violence against women. However, the battle continues amid resistance from some legislators.
97.In 2017, the institutions responsible for the protocol for responding to political violence against women created a commission to develop an inter-agency road map to address and follow up on such cases.
98.In 2017, the Office of the Special Prosecutor for Electoral Offences trained 1,028 persons in 13 federative entities, including members of state legislatures, in the inclusion of the crime of political violence in their criminal codes. Several entities have already defined the offence of political violence. This Office has developed a database of complaints lodged in electoral matters.
99.Between 2012 and 2017, there were 580 investigations into complaints filed by women for electoral offences, and 187 cases of political violence against them were opened. Over the same period, in the adversarial criminal justice system, 94 investigations into political violence against women were opened in 24 federative entities.
100.During 2016 and 2017, 88 cases of political violence against women were assigned to the Electoral Tribunal of the Federal Judiciary. In 2017, there were two investigations into the judgments issued by the Electoral Tribunal to identify, in addition to the criteria and lines followed in arguments, opportunities to strengthen theses and case law, and the effective exercise of the political and electoral rights of women: the first analyses compliance with the criterion of vertical, horizontal and transversal parity in judgments; the second studies decisions by the Electoral Tribunal in the area of political violence against women.
101.Twenty-nine federative entities have incorporated the concept of political violence against women in their laws.
Adoption of a national action plan in line with Security Council resolution 1325(2000)
102.While there is no national action plan based on Security Council resolution 1325 (2000), it is acknowledged that women play a vital role in peacebuilding processes and their participation is vital in prevention, reconstruction and national reconciliation.
103.To prevent sexual violence in military and police operations, institutions such as the Ministry of Defence, the Ministry of the Navy and the Federal Police carry out a range of actions and implement the protocol to prevent, address and sanction sexual harassment.
104.The armed forces have responded to the recommendations of the National Human Rights Commission in the areas of equality, discrimination and human rights violations, reducing the number of complaints lodged in 2017 by 76.6 per cent compared to 2012.
Women human rights defenders and journalists
Complaints of attacks against women human rights defenders and journalists
105.In May 2017, the President, the state governors and members of the National Security Cabinet addressed the issue of murders and attacks committed against women human rights defenders and journalists and agreed to take the following steps: (i) to establish a national system for coordination with the federative entities and a protocol for its operation in situations of risk for journalists and human rights defenders; (ii) to strengthen the structure of and the budget allocated to the mechanism to protect human rights defenders and journalists; and (iii) to strengthen the Office of the Special Prosecutor for Offences Committed against Freedom of Expression of the Office of the Attorney General of the Republic, as well as:
(a)More staff and better training for public prosecutors, police officers and experts;
(b)The establishment of mechanisms for contact and dialogue with civil society and journalists, to design actions;
(c)A review of ongoing investigations, safeguarding the right to the truth and access to justice and combating impunity;
(d)Coordination between local and federal authorities to ensure offences are immediately addressed, with a comprehensive human rights approach;
(e)Immediate support for federative entities to establish units, special public prosecutors and departments within their offices of attorneys general and public prosecutors specializing in freedom of expression to prevent impunity; and
(f)The establishment of harmonized protocols at the national level for investigations into and assistance to victims of offences committed against freedom of expression.
106.The staff of the Office of the Special Prosecutor for Offences Committed against Freedom of Expression is trained to act with a gender perspective, an approach used at all times to seek gender-differentiated motivations or impacts related to the conduct under investigation. In 2017 it underwent a capacity-building exercise and its staff increased by 37 per cent.
107.The National Human Rights Commission has a programme to address assaults against journalists and civil human rights defenders.
Investigations and cases
108.Information is in the process of being incorporated for the review.
Federal mechanism to protect human rights defenders and journalists
109.A specialized methodology has been developed, with advice from Colombian experts from the Freedom House organization, to conduct individual and collective risk assessments to enable the above mechanism to establish effective protection measures for defenders and journalists. On the basis of this methodology, the mechanism analyses and assesses: (i) the effectiveness of personal protective measures; (ii) the national monitoring of assaults; and (iii) the identification of patterns of aggression.
110.The risk matrix with a gender perspective helps to avoid any form of violence or discrimination against women, individual or collective, conscious or unconscious, and to pay special attention to evaluating the specific conditions of women human rights defenders and journalists who approach the mechanism seeking protection. In 2017, the mechanism conducted 118 risk analyses with a gender perspective.
Training in technology and science, including STEM (science, technology, engineering and mathematics)
111.The new education model (2017) ensures women’s access to and retention and promotion in the science, technology, engineering and mathematics fields through targeted interventions, affirmative action and strong advocacy. Examples include the STEM campaign, the advocacy of the OECD-Mexico Women Mentors Network (Ministry of Public Education); the direct impact of Mexican women scientists on primary and secondary schools; the Talentum women’s programme run by the Centre for Economic Research and Teaching, and the exhibit entitled “Mexican Women in Science, Technology, Engineering and Mathematics”.
112.In the 2016-2017 school year, 106,023 female students participated in a technological course of study related to the natural and computer sciences (49.3 per cent). There were 242,100 students, 40 per cent of them women, enrolled at technological universities, while polytechnic universities recorded a 39 per cent female enrolment rate.
Intercultural and bilingual education for indigenous girls
113.Between 2016 and 2017, programmes were designed to provide instruction in indigenous language as mother tongue and as a second language, and a Spanish as a second language primary-level programme was developed. These programmes are featured in the national basic education curriculum for the first time.
114.In order to encourage the retention of indigenous children enrolled in public schools, homes and canteens for indigenous children provide accommodation and food services. At present, 80,548 indigenous children and youth, 48.4 per cent of them female, are enrolled across 25 federative entities.
115.State inter-agency groups are implementing the national strategy for the prevention of adolescent pregnancy. There are currently 32 active working groups for the prevention of adolescent pregnancy, and a guide to implementing the strategy in the federative entities has been published.
116.Both the health and the education sectors regularly adopt measures to promote the kind of awareness that will foster responsible sexual activity, prevent pregnancy and ensure that precautions are taken to prevent sexually transmitted infections.
117.To strengthen health services in rural areas, the 3,683 rural centres for adolescent care are part of educational groups set up to have a multiplier effect. In 2017 alone, the centres organized 53,342 groups, educating 854,026 adolescents on how to prevent unplanned pregnancies; and 11,091 workshops in primary schools, reaching 186,875 adolescents; 15,986 workshops in secondary schools, reaching 310,728 adolescents; and 10,958 workshops in preparatory schools, reaching 238,464 adolescents.
118.Between October 2016 and October 2017, the PROSPERA programme of the Mexican Social Security Institute organized 20 meetings on preventing adolescent pregnancies in 16 federative entities. The male and female adolescents who participate go on to have a positive ripple effect in their family and school environments.
119.The “It’s your life, your future: make it a safe one” tour reached 11 federative entities in 2017, providing information on sexuality, adolescent pregnancy, forms of contraception and sexually transmitted infections.
120.Between 2013 and 2017, scholarships were awarded to 79,283 pregnant girls and young women. In 2017, 10,873 pregnant women received benefits that enabled them to continue or complete their education; 98.3 per cent of them remained enrolled in academic programmes, with the support of the scholarship programmes available in 385 indigenous municipalities and 468 of the municipalities covered by the National Campaign against Hunger.
121.In addition to the safety protocols for federal upper secondary educational establishments, schools have established guidelines for detecting, preventing and addressing child sexual abuse, bullying and ill-treatment. The programme “ConstruyeT” (Build yourself up) prevents risky behaviour, early pregnancy, substance abuse, school dropout and violence and bullying. In 2017, an agreement was concluded for universities and higher education institutions to implement the protocol.
122.The new education model integrates the acquisition of social and emotional skills into the formal upper secondary academic curriculum.
123.The Ministry of the Public Service, the National Institute for Women, the National Commission for the Prevention and Elimination of Violence against Women and the National Association of Universities and Higher Education Institutions concluded an agreement providing for the adoption of a protocol to prevent and address sexual harassment.
Women’s participation in the labour market
124.The levels of economic participation rates, management positions, occupational segregation, income level and hours spent on paid work all attest to the gap between women’s and men’s participation in the labour market, one of the most obvious gaps.
125.The percentage of women working in the manufacturing industry remained at around 37 per cent between 2012 and 2017, ranging from 27.9 per cent to 64.2 per cent across federative entities.
126.The wage discrimination index for 2017 is estimated at −5.8; women’s wages would have to increase by 5.8 per cent to match the wages paid to men. For civil servants, managers and administrators, the pay gap stands at −25.2.
127.The Federal Administration is working tirelessly to promote the integration of women into the labour market. Mexican official standard NMX-R-025-SCFI-2015, on occupational equality and non-discrimination, promotes women’s access to paid work. Measures are being taken in conjunction with the private sector to increase the number of women on staff, with an emphasis on senior management positions.
128.The Government has allocated resources in various areas to enable more women to join the labour market.
129.For 2018, the annex on pro-equality expenditures provides for 7.843 million pesos to be allocated to the Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food to fund women’s productive projects; 340 million pesos to the National Entrepreneurship Fund; 326 million pesos to the employment support programme of the Ministry of Labour and Social Security; and 139 million pesos to the temporary employment programme of the Ministry of Environment and Natural Resources. Resources have also been allocated to the National Financing Programme for Micro-entrepreneurs and Rural Women, the National Entrepreneurship Fund, Crezcamos Juntas (“Let’s grow together”), the Mujeres Moviendo Mexico (Women Moving Mexico) Programme, the Women’s Small- and Medium-Sized Enterprise Programme, the Entrepreneurial Support Network and the Online Incubation Programme. In addition, positive discrimination measures are being taken to promote women’s participation.
130.With regard to equal pay, the Ministry of Labour and Social Security ensures workplace compliance with the law according to which women and men are to receive equal pay for equal work.
Discriminatory barriers and the promotion of gender equality
131.This standard promotes shared responsibility in workplace and domestic tasks and creates the conditions for workplaces free of violence, harassment and sexual harassment.
132.To date, 283 workplaces (65 private companies and 218 public sector companies) have received certification in the standard, with the aim of promoting inclusive and non-discriminatory organizational cultures.
133.The National Financing Programme for Micro-entrepreneurs and Rural Women promotes gender equality and the empowerment of women by providing access to microfinance services on terms more favourable than those that are available on the market. The Programme’s rules of operation set forth the principles of equality, non‑discrimination and inclusion of persons with disabilities.
134.In 2017, the National Financing Programme for Micro-entrepreneurs and Rural Women offered two strategic lines of credit exclusively to women: microcredit loans at preferential interest rates, and loans to promote financial and entrepreneurial training for women (104,550). It also authorized 754,876 loans for 597,713 persons, 95 per cent of them women, under the Programme to contribute to the empowerment of women; and is promoting the pairing of microcredit with training for micro‑entrepreneurs. In 2017, 41,883 people received training, 39,316 of them women. That same year, it authorized 2,998 incubations of productive activities (2,423 of them composed predominantly of women) under the co-investment scheme, giving priority to repatriated migrants and women.
135.Temporary measures at the National Entrepreneurship Fund’s disposal include assigning five extra points when evaluating the technical, financial and business aspects of projects undertaken by women entrepreneurs.
Sexual harassment in the workplace
136.In 2016 a compulsory protocol was enacted to prevent, address and sanction sexual harassment in the offices and agencies of the Federal Administration.
Female domestic workers
137.It is recognized that a debt is owed to domestic workers and that the Federal Labour Act must be amended. Articles 181 and 331 to 343 must be repealed to ensure that remunerated domestic work is acknowledged as work and that the labour rights of domestic workers are safeguarded.
138.Since 2014, Federal Administration agencies have been working with civil society organizations to push through legal reforms and ensure that domestic work is fully recognized, as have domestic worker trade unions and some members of Congress. The National Council for the Prevention of Discrimination published Legislar sin discriminar (Legislate without discrimination), which addresses the issue of domestic workers. The Ministry of Labour and Social Security conducted the study entitled “El trabajo doméstico en México: la gran deuda social” (Domestic work in Mexico: the enormous social debt) to propose a comprehensive policy that would enable domestic workers to exercise their labour rights. The National Institute for Women publishes a directory of assistance and services for remunerated domestic workers every year.
139.Securing the necessary resources constitutes the main obstacle to guaranteeing the labour rights of domestic workers, given that there are approximately 2.5 million of them. The Mexican Government is currently analysing the conditions under which it would be possible to progressively incorporate domestic workers into the social security system.
Labour inspection mechanisms
140.The Ministry of Labour and Social Security conducts countrywide inspections to assess overall working conditions, safety and hygiene, training, equal pay and so forth in order to ensure that labour standards are being complied with and that labour rights — particularly those of women — are being upheld; and to detect alleged violations of the regulatory framework.
141.The labour rights offices at the federal and local levels provide free counselling, guidance, legal arbitration and representation before any authority in areas related to labour rights and obligations, social welfare and security. The offices are equipped with physical and digital tools.
Abortion, legal termination of pregnancy
142.In the Senate, two bills were presented. First, in 2017, a provision was added to article 30 of the General Victims Act to include the voluntary termination of pregnancy in cases permitted by law as part of the emergency medical, dental, surgical and hospital services provided by public-sector health institutions, and article 221 of the National Code of Criminal Procedure was added, stipulating that a criminal investigation shall be initiated on the basis of communications submitted by public-sector health institutions related to the provision of voluntary termination of pregnancy as a service. Second, a draft decree was introduced in March 2017 to amend the General Women’s Access to a Life Free of Violence Act, stipulating that the Ministry of Health shall train its staff to detect violence against women in public or private health-care services, with a view to eradicating obstetric violence. Both bills are currently under consideration.
Reforms of Mexican official standard NOM-046-SSA2-2005, obligations and sanctions
143.Information has been disseminated on specific action that must be taken in the event of rape, from both a health and a legal accountability standpoint, throughout the 32 federative entities. Arduous joint efforts have been undertaken with medical and health personnel on the matter of emergency contraception and termination of pregnancy in cases authorized under state legal frameworks.
144.The workshop entitled “Medical Care and Voluntary Termination of Pregnancy for Rape Victims”, aimed at emergency, gynaecological-obstetric and paediatric units in the 32 federative entities, provides information on the legal framework of the General Victims Act and the binding nature of Mexican official standard NOM-046-SSA-2005. Failure to comply with the standard results in criminal, civil or administrative sanctions.
145.The binding nature of the standard is disseminated widely, in conjunction with civil society organizations. Many civil associations bring charges against persons found to be in breach of their relevant obligations.
Statistics on access to legal abortion
146.Since 2017, the Ministry of Health has been preparing a report of cases of voluntary termination of pregnancy under the auspices of NOM-046-SSA2-2005. In 2017, 89 women were reported to have undergone a voluntary termination on those grounds, which includes abortion in cases where the pregnancy is the result of rape.
147.In 2013, 97,335 abortions were reported; 96,717 were reported in 2014; 92,565 were reported in 2015; 90,757 were reported in 2016 and 75,028 were reported in 2017. These figures correspond to all hospital discharges following an abortion, not including cases of legal termination of pregnancy.
148.In Mexico City, 192,551 pregnancies were terminated between April 2007 and 15 March 2018.
Reforms of the General Health Act pertaining to abortion and contraception
149.The legislature has adopted stringent sexual and reproductive health standards. Nevertheless, the discussion is part of the exercise of democratic plurality that prevails in our country.
150.In 2017, the Chamber of Deputies adopted a draft decree amending article 61 bis of the General Health Act to authorize health authorities to take measures to prevent health personnel, whether by acting or by failing to act, from inflicting physical or psychological harm upon women when providing prenatal, delivery or postpartum care. Examples of such harm may include the lack of access to health services, or cruel, inhuman or degrading treatment.
Rural and indigenous women
151.The Ministry of Health addresses maternal, sexual and reproductive health issues. It has been supplying the National Health System clinics with contraceptives centrally since 2014, with 13 forms of contraception on offer. Distribution is carried out at the national level, with mobile units, health caravans and volunteer staff from local communities on hand to devote particular attention to remote and hard-to-reach locations.
152.In 2012, the national maternal mortality ratio stood at 42.3 per 100,000 live births; in 2016 it was estimated at 33.9 per 100,000 live births. Annex 2 contains a breakdown by federative entity.
153.Under a general cooperation agreement, the barriers preventing women from receiving emergency obstetric care have been removed. As a result, implementing the “Turn no one away” policy provides emergency obstetric care to women in need of it, even if they are not eligible for coverage by the institutions that have concluded the agreement.
154.The Senate approved an initiative to amend and add a section to article 6 of the General Women’s Access to a Life Free of Violence Act in order to address obstetric violence. The initiative is now before the Chamber of Deputies. The laws on women’s access to a life free of violence in 21 federative entities have already incorporated the definition of obstetric violence, which is criminalized in four of those entities.
155.Since 2014, the National Centre for Gender Equity and Reproductive Health has been implementing a training strategy to promote good prenatal, delivery and postnatal care in the obstetric wards of health-care centres. Between 2014 and 2017, 18,328 people have received training.
156.The national strategy for the prevention of adolescent pregnancy is a comprehensive strategy aimed at preventing girls from resorting to abortion. The Sexual and Reproductive Health Programme for Adolescents includes strategies and lines of action ranging from making information available to providing sexual and reproductive health services to adolescents aged 10 to 19 years.
157.The Ministry of Health runs 2,089 teen-friendly services, a 98 per cent increase over the 2012 figure of 1,055. In 2017, approximately 2.3 million adolescents benefited from these services.
158.Mexican official standard NOM-047-SSA2-2015, which addresses the care of persons aged 10 to 19 years, sets out the duties of health workers in attending to the sexual and reproductive health-care needs of that age group.
159.Under the national strategy for the prevention of adolescent pregnancy, the rural centres for adolescent care have met the contraceptive needs of 390,270 adolescents. The rural centres for adolescent care address the sexual needs of adolescents.
160.Prenatal check-ups are a key part of the care provided to expectant adolescent mothers. In 2017, over 43,000 pregnant teenagers received care, with an average of seven check-ups per pregnancy.
161.The Mexican Social Security Institute provides medical services to pregnant teenagers who lack coverage. In 2017, there were 15,948 beneficiaries.
Women with disabilities
Programmes and policies for persons with disabilities
162.A directory of organizations that provide services to persons with disabilities was developed in 2016. It classifies organizations by type of disability, type of service and population and geographical area serviced.
163.The National Council for the Prevention of Discrimination offers a course on inclusion, disability and non-discrimination on its online platform “Conéctate”. In the period between its launch in 2016 and September 2017, the course was offered 19 times and completed by 5,614 people, 3,616 of whom were women, from various institutions. A course on the principles of inclusive education is also available online. Between 2014 and September 2017, 40 courses were completed by 22,149 persons, 12,976 of whom were women, from various institutions. Those courses have been offered pursuant to article 8 of the Convention on the Rights of Persons with Disabilities.
National Council for the Development and Inclusion of Persons with Disabilities
164.The National Programme for the Development and Inclusion of Persons with Disabilities contains specific lines of action regarding women with disabilities.
165.Efforts are being made to ensure the cross-cutting nature of all social programmes. To date, 28 agencies and entities of the Federal Administration have identified 218 indicators for the six goals of the National Programme. Currently, 60 out of 70 social programmes have rules of operation that prioritize support for persons with disabilities.
166.The indicator on labour market inclusion in 2016 reached 39 per cent, exceeding the target of 38.5 per cent set in the National Development Plan for 2018. Access to health services has also improved, with the lack of access to such services falling from 18.8 per cent in 2012 to 12 per cent in 2016. Lastly, academic underachievement decreased from 51.1 per cent in 2014 to 48.7 per cent in 2016.
Social protection schemes
167.Information is in the process of being incorporated for the review.
Indigenous and rural women
The PROSPERA social inclusion programme and the National Campaign against Hunger
168.Since 2013, every family beneficiary of PROSPERA has held an account to which the financial support provided by the programme is remitted. Given the lack of connectivity or cash in rural localities, two schemes are in place to remit payments: temporary distribution points and permanent distribution points.
169.Although the impact of this scheme has not been evaluated, the means of payment and withdrawal of financial support for beneficiary families has been assessed, and it shows that the beneficiaries who identify themselves as indigenous are positive about the use of a card to make purchases or withdraw cash in multiple places and consider that the card is secure and that it enables them to better manage their financial resources.
Control of resources
170.The National Agrarian Land Register has issued 92,777 certificates and titles, benefiting 52,116 women. In 2017, 3,682 production projects were authorized, benefiting 2,788 women, and subsidies were granted for the implementation of agricultural, livestock, commercial and agribusiness production projects under the Support Fund for Agricultural Production Projects. Through the initiative “Agro emprendedoras” (women agro-entrepreneurs), training was provided to around 28,000 young people in the rural sector, helping them to become settled, and just over 40 per cent of the trainees were young women.
171.The National Commission for the Development of Indigenous Peoples pursues a policy of promoting, protecting, developing and preserving the culture of indigenous peoples and communities. In addition, it supports projects for strengthening, disseminating and preserving indigenous cultural heritage. Between 2012 and 2017, a total of 3,365 such projects were supported in 27 federative entities.
172.Between January and December 2017, 12,486 microcredits were granted to indigenous persons, 95 per cent of which were extended to women, in 29 federative entities and for an amount of nearly 112 million pesos. A total of 972 speakers of an indigenous language received training in business and financial development, 606 of whom received financial support to start up production activities.
Temporary measures on the right of access to land and property, social services, education, health and decision-making processes
173.Amendments have been made to the rules of operation of programmes that provide resources to the rural population, eliminating the requirement of land ownership and giving priority to women and the indigenous population.
174.Strategies geared towards production groups comprised of women only are being promoted, as an affirmative action measure. In coordination with the PROSPERA programme of the Mexican Social Security Institute, 139 mobile medical units operate in remote areas. They provide care to pregnant women and general medical services, including cervico-uterine and breast cancer screening. Between January and November 2017, close to 419,000 consultations were provided, as well as 57,000 screenings for diabetes mellitus, 77,000 for high blood pressure, almost 9,000 for cervico-uterine cancer and about 30,000 for breast cancer. A total of 2,800 new female users of indigenous contraceptive methods were also recorded.
175.A total of 19 basic rural medical units started operating and three rural hospitals were extended and fitted with equipment. Together with the 4,391 level-1 and level-2 medical units under the PROSPERA programme, they service 6,310 predominantly indigenous localities and provide health-care coverage to 12.4 million people.
176.With respect to the participation of indigenous and rural women in decision-making, a paragraph was added to the Land Act in 2016 to provide that candidates for elections to the Commission on Communal Land and the Supervisory Council must not comprise more than 60 per cent of candidates of the same sex.
Asylum-seeking and refugee women
Rights and situation of asylum-seeking and refugee women
177.The “Frontera Sur” (southern border) programme sets out measures to protect the rights of migrants, prevent them from putting their integrity at risk, develop strategies to ensure the safety and security of all persons in transit, and combat criminal groups that violate their rights.
Protection measures for women in transit
178.The Office of the Attorney General of the Republic has set up the Unit for the Investigation of Crimes against Migrants, which searches for migrants in vulnerable situations. The Mexican External Support Mechanism for Search and Investigation, which helps migrant victims and their relatives, also provides support.
The Office of the Attorney General of the Republic implements a protocol for action by the prosecution service for the treatment of unaccompanied migrant children and adolescents.
Data on deported women
179.Between 2013 and 2016, 124,337 women were “returned”, 37.8 per cent of whom were from Guatemala, 30.4 per cent from Honduras and 25.7 per cent from El Salvador. Seventy per cent were returned pursuant to an administrative decision on assisted returns, and 28.9 per cent were girls and adolescents. The period from 2013 to 2016 was marked by a decrease in the number of returned women.
180.Sexual orientation or gender identity are not factors that negatively affect the entry process or the determination of migratory status. It is acknowledged, nevertheless, that even though the Mexican Commission on Assistance to Refugees conducts interviews to identify specific needs and vulnerabilities and to direct members of the lesbian, gay, bisexual, transsexual, transgender, transvestite and intersexual community who have been victims of gender-based violence to specialized support agencies, there is no disaggregated information on those persons.
181.The Government, together with civil society organizations and international entities, carries out activities to help with identifying people who are fleeing because of sex- or gender-related reasons. To that end, the Directorate for the Protection of Vulnerable Groups was consolidated and caters today for children and adolescents as well as lesbian, gay, bisexual, transsexual, transgender, transvestite and intersexual people, persons with disabilities, minors and older persons.
Situations of sexual and gender-based violence affecting asylum-seeking and refugee women and girls
182.Coordination efforts have been made to establish mechanisms for the identification of persons in need of international protection, including a protocol on initial assessment for detecting signs of a need for international protection among unaccompanied or separated children and adolescents; a protocol for the care of unaccompanied or separated migrant children and adolescents housed in shelters; and a protection and assistance model for victims of crimes related to human trafficking.
183.There is no strategy to identify, prevent and address situations of gender-based and sexual violence affecting asylum-seeking and refugee women and girls. Nevertheless, a working group on the social prevention of violence and the protection of migrants addresses and prevents those situations, and collaboration agreements have been signed with the aim of granting refugee status to children and adolescents.
184.The data show that, in 2016, 52 per cent of asylum seekers were granted permanent residence status, while 37 per cent obtained complementary protection status (the majority coming from El Salvador and Honduras).
Measures to prevent discrimination against migrant women
185.Communication strategies such as the campaign “Soy Migrante” (I am a migrant) have been implemented to promote respect for human rights and combat discrimination and xenophobia towards migrant women, and to ensure that the migrant population is approached from a gender perspective.
186.In the area of capacity-building, courses were held in 2017 on human rights and violence; the prevention of violence in the workplace; the ABCs of equality and non‑discrimination; migration and xenophobia; the migratory phenomenon; and access to justice for migrants and their families in Mexico.
187.In the area of education, the circulation of the document on transfers of binational migrant students was increased to allow migrant children to have immediate access to primary education establishments.
188.The Migration Policy Unit and the National Institute for Women have set up a technical group for the incorporation of a gender perspective into policies for the care and protection of migrant women.
189.In the area of health care, the coordination agreement between the Ministry of Health and the National System for the Comprehensive Development of the Family for the protection of unaccompanied and repatriated migrant children and adolescents with no social insurance has been reactivated.
Protection and assistance in cases of domestic violence
190.The Beta Group is the only one to handle such cases.
191.No information is available.
Violence against migrant women
192.The Unit for the Investigation of Crimes against Migrants implements a protocol for action by the prosecution service to investigate crimes committed by or against migrants in vulnerable situations and migrants entitled to international protection on the national territory, pursuant to which migrant women receive specific attention, with a focus on gender and human rights. The Unit is currently conducting 26 preliminary investigations and has 45 open cases that concern 48 and 49 female victims, respectively.
193.The Unit has launched the campaign “Migrar no es un delito” (migrating is not a crime) with two objectives: preventing crimes against vulnerable migrants, including women, and promoting awareness of their right of access to justice.
194.The Unit also runs the Mexican External Support Mechanism for Search and Investigation.
195.In 2017, the Special Unit for Dealing with Crimes Committed Abroad of the Office of the Attorney General of the Republic launched preliminary investigations and opened investigations for crimes committed against women and girls (38 for sexual crimes and 12 for homicide).
Women in detention
Humane treatment and adequate access to medical care
196.Federal Social Rehabilitation Centre No. 16 in the State of Morelos provides all persons deprived of their liberty with medical care, whether general or specialized, from the beginning of their detainment.
197.Women detained by order of the Office of the Attorney General undergo a health check by medical experts as soon as they are brought before the prosecutor. The facilities have specific cells for women, which are supervised by prison officers. All female detainees without exception are provided with personal hygiene items.
198.In 2017, an action protocol was concluded on detained women who are pregnant or breastfeeding or have recently given birth. In addition, the National Conference of the Penitentiary System adopted protocols on allowing children into detention centres to live with their incarcerated mothers; allowing children to stay in detention centres to live with their incarcerated mothers; the temporary or permanent release of children living with their incarcerated mothers in detention centres; and detention centre visits by children and adolescents.
199.Alternatives are being considered to allow women who have committed health-related offences and are first offenders to remain at liberty during the proceedings. In addition, proposals have been put forward for public policies concerning women deprived of their liberty and their children.
200.Federal Social Rehabilitation Centre No. 16 follows an innovative model in the penitentiary system to ensure respect for human rights, providing work, training, education, health care and sport activities and offering a programme of multiple activities.
201.The protocol on detained women who are pregnant or breastfeeding or have recently given birth allows for preventive detention to be carried out at home, upon request. In addition, it specifies that the prosecutor must take the measures sufficient and necessary for requesting from the jurisdictional authority that the offender be sent to the detention centre closest to her home.
Women detained for abortion
202.In 2013, a total of 19 women were convicted for abortion across the whole country. This compares to 10 in 2014, 7 in 2015 and 1 in 2016.
Marriage and family relations
203.The registry of alimony debtors, which exists in only five federative entities, shows no change in numbers.
Equal division of responsibilities between men and women in the family
204.The general law on responsible fatherhood has not been adopted.
205.The national system for the comprehensive protection of children and adolescents and the National Institute for Women supported legislative amendments to prohibit marriage between minors and eliminate all exemptions. The minimum age was successfully set at 18 years in 32 federative entities and all that remains to be done is to eliminate the exemptions in four federative entities.
206.The National Programme for the Protection of Children and Adolescents promotes the dissemination of information on the rights of children and adolescents and the need to eliminate forced marriage. As part of the national strategy for the prevention of adolescent pregnancy, efforts are being made to promote the adoption of initiatives in state congresses to harmonize local penal codes and eliminate forced marriages among adolescents.