Committee on the Rights of Persons with Disabilities
Combined second and third periodic reports submitted by Mexico under article 35 of the Convention, due in 2018 * , **
[Date received: 22 February 2018]
Articles 1 to 44
1.The Working Group on Follow-up to the Recommendations of the Committee on the Rights of Persons with Disabilities was established on 12 January 2015 under the coordination of the Ministry of the Interior, the Ministry of Foreign Affairs and the National Council for the Advancement and Inclusion of Persons with Disabilities and comprising representatives of institutions in the federal public administration, the federal judiciary, the legislative branch, the National Council of Governors, the National Commission of High Courts of Justice and 20 civil society organizations.
2.The Working Group held four plenary meetings at which the 80 participating institutions presented the actions they were taking with regard to persons with disabilities. To prepare the second and third reports of Mexico, the Working Group set up eight thematic round tables on indicators and statistical data, legislative harmonization, accessibility, health, education, work and protection, awareness-raising and participation.
3.In December 2017, in the context of the International Day of Persons with Disabilities, a consultative forum was held with civil society organizations to discuss progress made and areas of opportunity for complying with the Convention. One hundred fifty representatives of civil society organizations took part in that activity. The outcome of the forum provided inputs for the present report.
Persons with disabilities in Mexico
4.The Population and Housing Census 2010 shows that in Mexico, 5.1 per cent of the population, or 5.7 million persons, had disabilities. The household questionnaire used for the National Survey of Population Dynamics 2014 included the short set of questions of the Washington Group on Disability Statistics and two other domains. It shows that 6 per cent of a population of nearly 120 million, or 7.1 million persons, have a disability.
5.Disability is more prevalent among women in urban areas (where the population with disabilities consists of 54.7 per cent women and 45.3 per cent men) and less so in rural areas (where this population consists of 49.6 per cent women and 50.4 per cent men).
6.In 2014, 64.1 per cent of all persons with disabilities had limited use of their legs, 58.4 per cent had visual impairment, 33.5 per cent had hearing impairment, and 19.6 per cent had mental or emotional difficulties. Most of the disabilities had been caused by a disease (41.3 per cent); 33.1 per cent, by ageing; 10.7 per cent, at birth; 8.3 per cent, by accidents; 0.6 per cent, by acts of violence; and 5.5 per cent, by other causes.
7.The prevalence of disabilities among the population aged 3 or older who spoke an indigenous language was 7.1 per cent, which is slightly higher than the national average. By sex, the proportion was similar: 7.1 per cent for men and 7 per cent for women.
8.Among persons with disabilities, 83.3 per cent had health-care coverage, compared with 79.8 per cent of persons without disabilities. The percentage of women was 3.7 per cent higher than that of men; 52.7 per cent of persons with disabilities were covered by social security institutions. and 50.5 per cent, by social programmes.
9.Among persons with disabilities between the ages of 3 and 29, 46.5 per cent attended school compared with 60.6 per cent of the population without disabilities. The highest attendance rates were among those between the ages of 6 and 14 (elementary school); after this age, school attendance dropped significantly, beginning at age 15.
10.The participation rate among persons with disabilities was 39.1 per cent. One in four women with disabilities was engaged in economic activities; for men, the ratio was one in two. The economic participation rate varies by type of disability; persons with visual impairment (39.9 per cent) and auditory impairment (35 per cent) had the highest participation rates.
Articles 1 to 4
11.The provisions of the Convention are applied based on the premise that international human rights treaties have the same standing as the Constitution, pursuant to the amendment of 10 June 2011.
12.As indicated in the initial report, persons with disabilities are defined in the General Act on Inclusion of Persons with Disabilities, based on the Convention. In that Act, the concept of “long-term” refers to the existence of temporary impairments in individuals, who are faced with barriers that are usually caused by a health condition that will end with rehabilitation or with the disappearance of the impairment.
13.The 32 federative entities have passed legislation to protect the rights of persons with disabilities. Twenty-seven of those laws are in line with the content of the Convention, and the others are in the process of harmonization.
14.In the relevant legislation, reasonable accommodation is defined as necessary and appropriate modifications and adjustments that do not entail the imposition of a disproportionate or undue burden when they are needed in specific cases to ensure for persons with disabilities the enjoyment or exercise, on an equal basis with others, of their human rights and fundamental freedoms. It defines discrimination as any distinction, exclusion or restriction based on disability, including the denial of reasonable accommodation.
15.As mentioned in section E of the common core document, the defence and promotion of human rights and, in particular, the effort to eliminate all forms of discrimination are a priority, as evidenced in the fact that the National Development Plan 2013–2018 covers persons with disabilities as a cross-cutting theme, in an effort to eliminate inequality gaps across lines of action:
•To establish schemes for comprehensive services for persons with disabilities through actions that promote detection of disabilities, early stimulation and rehabilitation
•To design and implement strategies to increase inclusion of persons with disabilities in production activities, through job training schemes and linkage with the production sector
•To provide for the construction and adaptation of public and private spaces in order to guarantee their right to accessibility
16.The General Act on the Rights of Children and Adolescents establishes the right to inclusion of children and adolescents with disabilities and requires the three levels of government to implement remedial measures and affirmative action, bearing in mind the principles of full and effective participation and inclusion in society, respect for differences and acceptance of disability as an aspect of human diversity, reiterating that discrimination includes the denial of reasonable accommodation and providing for specific measures to achieve substantive equality for children and adolescents with disabilities. The chapters on the right to health and education establish specific affirmative actions to be taken.
17.The Federal Telecommunications and Broadcasting Act, in articles 199 and 257, promotes access by users with disabilities to telecommunications and broadcasting services on an equal basis with other users and audiences. The goal also is to ensure real equality of opportunities.
18.The National Code of Criminal Procedure calls for reasonable accommodation for persons with disabilities in proceedings, when necessary. During proceedings, persons with disabilities have the right to be provided with an interpreter or technological means to enable them to obtain the information requested in an understandable manner or, in the absence of such means, someone who is able to communicate with them, so as to ensure that the person with disabilities is informed of judicial decisions and understands their implications. The Code provides for specific measures when victims or aggrieved parties have disabilities and requires that necessary adjustments be made in criminal proceedings in order to safeguard their rights.
19.The Federal Act on Transparency and Access to Public Information calls for reasonable accommodations and establishes the obligation to take measures conducive to providing equal accessibility for exercising the right of access to information.
20.Seventeen state laws include provisions for enabling persons with disabilities to have access to buildings and other facilities that are open to the public.
21.The Federal Consumer Protection Act requires suppliers to have the necessary facilities or devices to enable persons with disabilities to use the goods or services they supply.
22.The Government of the Republic launched the National System for the Advancement and Inclusion of Persons with Disabilities at an event attended by the governors of the 32 federative entities, the government ministers and civil society organizations.
23.The decision to incorporate the National Council for the Advancement and Inclusion of Persons with Disabilities into the sector coordinated by the Ministry of Social Development was published on 29 March 2013. This is in line with the new paradigm of promotion of the human rights and social development of persons with disabilities.
24.The purpose of the National Programme for the Advancement and Inclusion of Persons with Disabilities is to promote public policies that will guarantee the full exercise of their rights; generate a culture of acceptance of disabilities in all spheres of national life; transform the public, social and private environment; and promote a change of attitude towards persons with disabilities. The objectives of the Plan are:
•To mainstream the rights of persons with disabilities in programmes or actions of the public administration
•To improve their access to health services and specialized health care
•To promote the design and implementation of programmes and activities that will improve their access to work
•To strengthen their participation in inclusive and special education, culture, sports and tourism
•To increase accessibility in public and private spaces, transportation and information technologies for persons with disabilities
•To harmonize legislation to facilitate their access to the justice system and political and public participation
25.Coordination agreements have been signed with the federative entities and institutions of the federal public administration. On 18 November 2016, the National Conference of Governors set up a Committee for the Advancement and Inclusion of Persons with Disabilities to coordinate efforts to promote the social inclusion of persons with disabilities throughout the country. Twelve entities have agencies specifically devoted to persons with disabilities, each of which has a council on services for persons with disabilities; these bodies are coordinated by the state systems for comprehensive family development.
26.The Consultative Assembly of the National Council for the Advancement and Inclusion of Persons with Disabilities was set up in May 2017 as a pluralistic honorary body to encourage citizen participation. It is made up of representatives of all the federative entities, as well as civil society organizations, experts, academics and researchers.
27.Amendments were proposed to the rules of operation of federal programmes so as to provide for measures to be taken to promote inclusion of persons with disabilities.
28.Mexico has created specific budget items for equality and non-discrimination which include provisions for reasonable accommodation and the inclusion of persons with disabilities in the target population of social programmes, bearing in mind accessibility and cross-cutting approaches in regard to gender equality, youth, disability and ethnicity.
29.The federal budget provides resources for the health-care programme for persons with disabilities in the health sector, the National Council for the Advancement and Inclusion of Persons with Disabilities, the National Commission on Human Rights, the Institute of Social Security and Services for State Workers, services for children and adolescents with disabilities and the fund to guarantee the right to accessibility, universal design, transport and information and communications technologies. The budget specifies that the federal executive branch may include other programmes, which are required to comply with rules of operation and promote principles of equality, non-discrimination, the best interests of the child, integrity, family integration, gender equality, social inclusion of persons with disabilities, self-determination of indigenous communities, protection of the environment and protection of life, health and integrity of individuals.
30.The National Programme for Equality and Non-Discrimination 2014–2018 lays down lines of action so that public institutions can review, adapt and strengthen their regulations and practices, removing regulations and administrative provisions that allow for discriminatory practices. It also calls for adjustments to be made that would lead to the gradual development of an anti-discrimination culture that would ensure the enjoyment of human rights and access to public programmes and services.
31.As indicated in the initial report, the National Council for the Prevention of Discrimination receives and resolves claims and complaints of alleged discriminatory acts carried out by individuals or federal authorities in the exercise of their duties. From 2014 to 31 January 2018, the Council received 1,003 claims and complaints classified as alleged acts of discrimination against persons with disabilities; 748 referred to individuals and 255 to federal public authorities.
32.The National Council for the Prevention of Discrimination issues decisions and, when necessary, calls for administrative measures and redress when an action or omission constituting discrimination under the Federal Act on the Prevention and Elimination of Discrimination is confirmed, in respect of acts, omissions or discriminatory social practices discovered by means of a complaints procedure.
33.The National Commission on Human Rights has a mechanism for handling complaints of alleged violations of human rights (except on the part of the federal judiciary) submitted either personally or through a representative; the service is free and confidential. Persons who cannot write, as well as children and adolescents, may submit their complaints orally. At the state level, there are state human rights commissions that provide the same services.
34.The Federal Act on the Prevention and Elimination of Discrimination was translated in WAV audio format into 16 indigenous languages. Face-to-face training on access to justice, human rights, dignity, autonomy and needs of persons with disabilities was given to 3,500 civil servants. In addition, the Guide to Social Programmes 2016 was translated into 32 indigenous languages, and four lectures on language rights were given as part of a seminar on human rights of vulnerable groups.
35.From 1 January 2000 to 31 December 2017, the National Commission on Human Rights received 2,520 complaints from persons with disabilities; 2,380 were dealt with, and 140 are still pending.
36.The General Act on Inclusion of Persons with Disabilities stipulates that the public administration must give priority to affirmative action measures on behalf of persons with disabilities who suffer a greater degree of discrimination, such as those who are women, those with severe disabilities, those living in rural areas or those who are unable to represent themselves.
37.The General Act on Equality between Women and Men, as amended on 4 June 2015, regulates and guarantees equality of opportunities and treatment; it proposes institutional guidelines for achieving substantive equality in the public and private spheres and promotes the empowerment of women and the struggle against all gender-based discrimination. It calls for affirmative action measures and points out that equality between women and men entails eliminating all forms of discrimination.
38.With a budget of 378,855.02 pesos, the programme on mainstreaming the gender perspective is aimed at helping to ensure that mechanisms for the advancement of women promote gender mainstreaming in the policy framework, in planning and programming tools and in the work of the federative entities and municipalities, by strengthening their institutions.
39.Women with disabilities who are victims of violence are directed, through the social management module, to public and private institutions and civil society organizations where they can receive legal, psychological or medical services. In 2016, services were provided to 33 women with motor, psychosocial, visual or auditory disabilities.
40.In 2015, a videoconference entitled Mujeres y niñas con discapacidad. Rompamos barreras para su inclusión (“Women and girls with disabilities. Let’s break down barriers so they can be included”) was broadcast to raise public awareness about their problems and the public policy challenges involved in working to achieve inclusion. The videoconference was viewed by 921 persons (including 546 women and 375 men).
41.In 2017, face-to-face workshops were conducted for 555 civil servants to raise awareness of the rights of women with disabilities and the recommendations of the Committee on the Rights of Persons with Disabilities.
42.The General Act on the Rights of Children and Adolescents includes a chapter on the rights of children and adolescents with disabilities and stipulates that the principle of non-discrimination must be followed in planning activities and implementing protective measures. The Act requires authorities to promote social inclusion, establish universal design to ensure accessibility for children and adolescents with disabilities and carry out awareness-raising activities to promote respect and dignity while combating stereotypes and prejudice.
43.The National System for the Comprehensive Protection of Children and Adolescents, which includes state and municipal protection systems, was established to comply with the aforementioned Act. In August 2016, the System adopted guidelines for the participation of children and adolescents, establishing an approach focused on the rights of children and adolescents and ensuring their ongoing active participation in the design and evaluation of public policies that have a direct impact on their lives and development.
44.The Federal Protection Office was set up to coordinate and monitor the implementation of protection measures, as well as to act as conciliator and mediator in cases of family conflict, report to the Public Prosecution Service any acts presumed to constitute an offence, grant emergency special protection measures when there is imminent risk to the life, integrity or liberty of children or adolescents and ensure that their rights are restored. The Office is replicated in the 32 federative entities.
45.The General Act on the Rights of Children and Adolescents calls for the federative entities to enact state laws on the matter and establish state protection offices and systems, and it stipulates that state human rights commissions should set up specialized areas.
46.The General Act on the Provision of Services for the Care and Comprehensive Development of Children stipulates that national policies must promote access by children and adolescents with disabilities, regardless of their physical, intellectual or sensory impairments, to services consistent with the care models.
47.The National Child Protection Programme 2016–2018 seeks to implement policies that guarantee equality and non-discrimination for children and adolescents with disabilities through coordinated public policy tools, the full enjoyment of rights, accommodation and equipping of educational establishments, the creation of specialized care centres, the promotion of mobility and accessibility standards and protocols for persons with disabilities and improvement of public spaces.
48.The public policy tool entitled 25 al 25: Objetivos nacionales de derechos de niños, niñas y adolescentes (25 by 25: National goals for the rights of children and adolescents) was adopted to coordinate actions at different levels and in different branches of government. Goal 10 seeks to ensure the inclusion of children and adolescents with disabilities in the community and prevent and punish discrimination by implementing remedial and inclusive measures and affirmative action.
49.Mexico ensures that children under 5 who have no social security coverage are incorporated immediately, with their entire family, into the People’s Health Insurance Scheme through the Siglo XXI medical insurance programme. As at 31 December 2017, 4,912,990 children and adolescents were registered in the programme. During 2017, funding totalling 1.407 billion pesos was provided for 40,576 cases.
50.In 2013, the programme had 1,508,700,000 pesos, whereas in 2017, 1,955,900,000 pesos were allocated for its operations; this represented a 29.6 per cent increase in funding for free, complete and comprehensive health care and a full vaccination programme. When necessary, hearing and metabolic screening is conducted, and cochlear implants are provided for children and adolescents with severe and profound hearing loss and hearing and speech therapy.
51.Priority is given to raising awareness about persons with disabilities as rights holders, in order to achieve a paradigm shift and full inclusion for them. Accordingly, civil servants in all units receive face-to-face training on human rights, dignity, autonomy and the needs of persons with disabilities. During 2016 and 2017, 6,071 civil servants were trained.
52.During 2016 and 2017, advertisements were disseminated through physical and electronic means for the campaign entitled Igualdad. Ni más ni menos (Equality. Not more, not less), on respect for the rights of persons with disabilities and Mexican Standard No. NMX R‑025-SCFI -2015, on labour equality and non-discrimination. From 2014 to 2016, a pamphlet entitled Prevención del riesgo de desastres. Personas con alguna discapacidad (Disaster risk reduction. Persons with disabilities) was distributed at the workshops on civil defence for the general public.
53.In 2015 and 2016, three face-to-face training activities on inclusion of persons with disabilities, their human rights and the right to care were carried out with 235 beneficiaries (143 women and 92 men). In addition, four workshops on gender-based violence and human rights of children were held for children and adolescents with auditory disabilities (21 girls and 64 boys).
54.A self-learning course on inclusion, disability and non-discrimination is provided through the Conéctate online platform, providing information on disability and the new conceptualization set forth in the Convention. Between 2016 and December 2017, 43 enrolment opportunities were made available, and 23,689 persons (13,813 women and 9,876 men) completed the courses. The online course on principles of inclusive education is available as a tool for raising awareness, advocating equal treatment and ensuring the right to quality education. From 2014 to 2017, 22,149 persons (12,976 women and 9,173 men) participated in 40 courses.
55.Educational institutions are taking steps to raise awareness about persons with disabilities as rights holders. From 2014 to 2017, campaigns were conducted to provide information and raise awareness about different types of disability, such as autism, Down syndrome, deafness and deaf-blindness, and about the Day of Persons with Disabilities, so as to promote harmonious relations and acceptance, eliminate barriers to learning and encourage participation.
56.Positive attitudes regarding the rights of persons with disabilities are encouraged through activities such as design, development and distribution of informational materials; video discussions; public readings; harmonious relations; use of badges or graphics alluding to disability; dissemination of video materials; and development of infographics which are disseminated on the special education website.
57.The national competition on successful experiences with inclusive education draws attention to and rewards experiences that promote quality education, equal opportunities, non-discrimination and respect for the human rights of students with disabilities who show outstanding potential in basic education. In the competitions held in 2013, 2014 and 2015, 851 proposals were received in the three categories covered, namely, schools, families and students; 27 prizes were awarded, as well as 26 honourable mentions. The basic education curriculum covers attitudinal, procedural and conceptual subjects relating to human rights and the dignity of persons.
58.In 2017, a videoconference on “Linkages for Inclusion. Government programmes and support for civil society” was broadcast to encourage joint action and shared responsibility in public programmes that foster local development and services for vulnerable groups, disseminating information on the Rules of Operation of the Social Coinvestment Programme, calls for bids and types of linkage.
59.On 24 October 2016, a lecture series was held on “Human Rights of Persons with Disabilities. Strategies and actions for promotion and protection, awareness-raising, participation and protection”. The series was directed at civil society organizations, persons with disabilities, civil servants and the general public.
60.In 2017, a meeting of local parliamentarians was held on harmonization of legislation on human rights of persons with disabilities. The meeting included legislators from the 32 federative entities, who discussed international recommendations on the subject. It was attended by 95 persons (56 women and 39 men).
61.With regard to the recommendation on the distinction between the private nature of Teletón campaigns and the State’s obligation to rehabilitate persons with disabilities, it should be noted that, according to the National Survey of Population Dynamics 2014, 83 out of 100 persons with disabilities are covered by a health service; of these, 50.5 per cent are covered by the people’s health insurance scheme or the PROSPERA scheme of the Mexican Social Security Institute, and 52.7 per cent are entitled to coverage under the Mexican Social Security Institute, the Institute of Social Security and Services for State Workers, State security institutions, Petróleos Mexicanos (PEMEX), the Comprehensive Family Development System, the Ministry of Defence or the Ministry of the Navy.
62.The national health system has a rehabilitation infrastructure consisting of 1,944 units throughout the country, as follows:
Ministry of Health, National Rehabilitation Institute and state health services
Mexican Social Security Institute
Institute of Social Security and Services for State Workers
Ministry of Defence
Ministry of the Navy
National and state systems for comprehensive family development
63.In 2017, these services provided 12.6 million physical medicine and rehabilitation sessions for 2.5 million persons. Diagnostic, treatment and rehabilitation services were provided by medical specialists and multidisciplinary teams (nurses, physiatrists, physical therapists, psychologists, psychiatrists, occupational and speech therapists, rheumatologists and geriatricians).
64.The Teletón Foundation is a private non-profit organization that has a presence in 21 of 32 federative entities. It operates 23 child rehabilitation and inclusion centres that provide services to 27,000 children and adolescents with disabilities, or 4.3 per cent of this population group. In the federative entities where Teletón provides services, the health sector has 1,006 basic rehabilitation units and more than 400 second- and third-level rehabilitation centres.
65.According to the System of National Accounts, total spending on health in 2016 was 542 billion pesos. Of this amount, 31.906 billion pesos were distributed among preventive and curative health care, rehabilitation and palliative care for persons with disabilities.
66.The State provides support to Teletón through the operation and construction of facilities and outfitting of units as provided for in agreements with the governments of federative entities. In 2016, this support amounted to 888.847 million pesos, or 2.7 per cent of the resources allocated to provide health care for persons with disabilities.
67.The General Act on Inclusion of Persons with Disabilities and the Regulations thereto include accessibility among the requirements that must be met by public policies, educational facilities and workplaces. They also allow for the provision, under the applicable legislation, of tax incentives to individuals or companies that carry out actions benefiting persons with disabilities, adapt their facilities to improve accessibility or in any other way adhere to public policies on the matter, on the terms set forth in the applicable legislation.
68.Objective 5 of the National Programme for the Advancement and Inclusion of Persons with Disabilities, i.e., to increase accessibility in public and private spaces, transport and information technologies for persons with disabilities, includes four strategies and 38 action lines.
69.The General Act on Human Settlements, Land-Use Planning and Urban Development includes a line of action on the “right to the city”, which involves promoting social inclusion through measures aimed at preventing discrimination, segregation or marginalization of vulnerable persons, and offering inhabitants a variety of choices of land, housing, services, equipment, infrastructure and economic activities.
70.The idea is to promote adequate accessibility so as to generate proximity and encourage participation in urban activities by promoting mixed and compatible land uses and sustainable levels of density, a sensible pattern of primary road systems, the hierarchical distribution of equipment and urban mobility in which priority is given to complete streets, universal accessibility, accessible public transport, walkways and non-motorized transport.
71.The plan is to achieve universal accessibility, apply sanctions and promote mechanisms for social accountability with the participation of local residents, users, academic institutions, civil society organizations, professional associations, institutes and observatories, in complying with and implementing official standards.
72.The General Tourism Act includes provisions on accessible tourism in chapter IV, and in articles 18 and 19 calls for accessible tourism services, requiring providers of tourism services to provide the necessary facilities to enable persons with disabilities to have access to services under suitable conditions.
73.The infrastructure programme has a direct impact on accessibility in the physical environment through measures related to housing. Under the rules of operation for 2017, programme actions and support must meet criteria of equity, inclusion and social sustainability; accordingly, housing infrastructure must provide accessibility for persons with disabilities who are members of the beneficiary household. The section on public spaces includes requirements for universal design.
74.The Institute for Administration and Appraisal of National Assets has an inventory system in which 109,215 real properties are registered, including 41,758 that are designated for public use. Sixty per cent of these properties are accessible.
75.Efforts are being made with the national housing agencies, executing entities and housing developers to implement accessible housing schemes. Sixty per cent of the developers are considering accessibility schemes. During 2017, the national housing agencies granted 2,154,570 pesos in subsidies for new housing with universal accessibility features.
76.The Civil Aviation Act, as amended on 26 June 2017 to establish the rights of passengers, requires service providers to guarantee transport for persons with disabilities while observing operational security measures. Airports must take the necessary steps to adequately serve persons with disabilities. Mandatory Circular No. CO‑SA-09.2/13 lays down guidelines for ensuring access to airport infrastructure and air transport services for persons with disabilities and/or reduced mobility.
77.Mexico City issued the Manual de Normas Técnicas de Accesibilidad (Handbook on Technical Standards for Accessibility), which provides an updated technical framework for training and for the design, modification and improvement of the physical environment based on the concept of universal design and the Accessibility Act, which applies to the physical environment, buildings, public spaces, information and communications, including information systems and technologies, and transport.
78.The Fund to guarantee the right to accessibility, universal design, transport, and information and communication technologies was set up in 2014, in line with the national goal for an “Inclusive Mexico”, which is set forth in the National Development Plan. The idea is to implement a strategy for protecting the rights of persons with disabilities and contribute to their comprehensive development and full inclusion through the construction and adaptation of spaces, as well as to ensure the right to accessibility, universal design, adaptive public transport, inclusive public infrastructure and information and communication technologies (ICT). The resources allocated for the period from 2014 to 2017 amounted to 2.147 billion pesos; for 2018, the amount is 500 million pesos.
79.With the entry into force of Regulation No. NOM-030-SSA3-2013 and the National Programme for the Advancement and Inclusion of Persons with Disabilities, the different agencies of the health sector began to implement accommodations in health-care facilities to ensure accessibility, including ramps, banisters, toilets, waiting rooms, access routes, signage for blind persons, adaptation of counters for persons with motor disabilities or people of small stature, and car parks, through infrastructure improvement programmes or by earmarking funds for such accommodations. There are currently 684 accessible medical units, including 560 run by the Institute of Social Security and Services for State Workers, 52 by the Ministry of Defence, 37 by the Ministry of the Navy, 22 by the National System for Comprehensive Family Development and 13 by PEMEX.
80.In the area of education, the Government undertook to adapt public school facilities to integrate children and adolescents with disabilities into the teaching-learning process through two nationwide programmes, Escuelas Dignas (Decent Schools) and Escuelas al CIEN (schools with National Educational Infrastructure Certificates), by making adjustments in the physical infrastructure, including toilets and other accessible structures for children and adolescents and personnel with disabilities.
81.An allocation of 50 million pesos was earmarked for more than 33,000 educational facilities; 76.73 per cent of the six-year target of 11,085 schools with accessibility was achieved. From January 2014 to August 2017, adjustments were made in 8,506 educational establishments, benefiting somewhat over 1.1 million students.
82.All drinking fountains in schools have been accessible to persons with physical and visual disabilities since fiscal year 2016. By August 2017, 8,472 accessible drinking fountains had been installed.
83.The Plan to support the quality and transformation of teacher training colleges provides for improvements to infrastructure. From 2014 to 2016, reasonable accommodations and adjustments were made to the physical infrastructure, as follows: 1,273 ramps, 203 accessible toilets and 9 lifts.
84.In the area of employment, Regulation No. NOM-034-STPS-2016 lays down safety requirements to protect the physical integrity and health of workers with disabilities in the workplace and enable them to have access and perform their duties. The regulation applies throughout the national territory and in all workplaces that employ persons with disabilities. It provides for inspection visits by labour authorities and verification visits by verification units, which must report on their visits. The reports are valid for two years. The regulation also establishes minimum physical requirements for workplaces, including an emergency response plan and training for persons with disabilities.
85.A cooperation agreement was signed for projects on labour market inclusion, infrastructure and accessibility in order to consolidate a culture of inclusion of persons with disabilities.
86.The Federal Telecommunications and Broadcasting Act calls for accessibility and universal coverage. Chapter II of the Act deals with the rights of users with disabilities, and article 199 provides that users with disabilities must have access to telecommunication services on an equal footing with others. As part of these policies, the telecommunications reform established access to broadband Internet connection as a constitutional right.
87.Pursuant to the Act, general guidelines were issued for access to telecommunications services for users with disabilities (https://goo.gl/f8X5MM), guaranteeing the rights of users with disabilities and promoting their access to telecommunications and ICT services. The guidelines also lay down requirements for businesses in regard to accessible formats (contracts and invoices), accessible websites, sale of accessible equipment, accommodations in customer service centres and the provision of such services by trained staff.
88.Mexico has adopted a universal digital inclusion policy and set up the Inter-Agency Commission for Development of e-Government. To strengthen efforts to give persons with disabilities access to the Internet and its benefits, general provisions on Internet accessibility were drawn up which must be observed by the institutions of the federal public administration and State production enterprises in the design of their applications, websites and digital content, so as to facilitate access to public information for persons with disabilities. The website www.gob.mx was developed based on the recommendations of the World Wide Web Consortium (W3C).
89.To ensure access to information and communications for persons with disabilities, the Inklusión application, with Internet accessibility, was created (http://mexicoconectado.gob.mx/accesibilidad.php).
90.IMSS Digital para todos (Mexican Social Security Institute Digital Access for All) is an example of an e-government Internet-accessible platform that provides virtual services to 2.1 million beneficiaries with disabilities in connection with 18 administrative procedures and approximately 30,000 informational materials. It includes voice, colour and buttons to provide accessibility to persons with visual, motor or auditory disabilities. All these tools meet international accessibility criteria.
91.Mexico holds one of the two vice-chair positions on the Standing Advisory Committee of the Inter-American Telecommunication Commission. In this position, it promotes the work on study group question 7/1 concerning access to telecommunication/ICT services by persons with disabilities. The proposals were presented at the World Telecommunication Development Conference in 2017.
92.Regional initiative 4, on accessibility and affordability of telecommunication/ICT services with special emphasis on broadband services as a means for sustainable development, is aimed at ensuring affordability for building the information society and ensuring the accessibility of telecommunication/ICT services for persons with disabilities.
93.Article 1 of the Constitution stipulates that in the United Mexican States, everyone enjoys the human rights granted by the Constitution and the international treaties to which Mexico is a party, as well as the guarantees established for their protection, which may not be restricted or suspended except in such cases and under such conditions as are provided in the Constitution. In the national legal framework, the highest level of protection is for the “life” of every person who is present in the national territory.
94.The General Act on Inclusion of Persons with Disabilities describes how the State must promote, protect and ensure the full enjoyment of human rights and fundamental freedoms of persons with disabilities, ensuring their full inclusion in society within a context of respect, equality and equal opportunities. The Act promotes the right to life, survival and development.
95.The General Act on the Rights of Children and Adolescents stipulates that children and adolescents, including those with disabilities, are entitled to have their lives protected, to survival and to development.
96.The General Health Act governs the right to protection of health, outlining the terms and conditions for access to health-care services and the role of the federation and the federative entities in delivering general health services. The Act, which is applicable throughout the country, reflects public policy and provides for low-cost health care, health being understood as a state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity.
97.The National Civil Defence Programme 2014–2018 provides for assistance to persons with disabilities in situations of risk and humanitarian emergencies. In conjunction with the federal public administration’s MX National Response Plan, it works to improve coordination and organizational efficiency in dealing with situations of imminent risk.
98.Regulation No. NOM-008-SEGOB-2015 lays down basic civil defence requirements for units, agencies and associations in the public, private, social and academic sectors to assist persons with disabilities during emergencies caused by natural or anthropogenic phenomena. Implementing the regulation helps improve conditions for ensuring the safety of persons with disabilities so as to protect their life and physical integrity in buildings and facilities which they frequent or where they work or study.
99.The institutions of the federal public administration have a plan for responding to situations of risk and humanitarian emergencies, including assistance for persons with disabilities.
100.Information has been developed and is being disseminated for dealing with risk and humanitarian emergencies affecting persons with disabilities, in particular:
•Face-to-face workshops to raise awareness on the rights of persons with disabilities, targeting civil servants; 6,071 attended the workshops during 2017.
•Dissemination of 47 infographics on the National Office for Coordination of Civil Defence, 9 of them translated into indigenous languages, and an informative video in which a young girl speaks in her own language about a culture of civil defence.
•Dissemination of 120 cápsulas (short information videos) in indigenous languages, benefiting 1,044,185 persons in eight federative entities, on preventive civil defence measures for dealing with phenomena that affect communities in high-risk areas.
•Translation of 12 messages addressed to 10 linguistic groups on mudslides, early warning systems for tropical cyclones, earthquakes, volcanic eruptions, fires, family plans, floods, tsunamis, freezes and desertification.
•Information video providing a guide to emergency prevention for deaf persons.
•General guide on prevention and emergency preparedness for persons with disabilities and a quick guide for emergency evacuation of persons with disabilities, targeting the general public; information on social networks following accessibility criteria: Mexican Sign Language, easy-to-read messages (in specific terms, using plain language), inclusion of voice-over and subtitles, as well as Braille.
•Civil defence protocol for emergency or disaster situations, with emphasis on priority assistance for persons with disabilities and programme for civil servants with disabilities, including preventive measures and conditions for safety in emergency or disaster situations.
101.On 8 March 2017, a workshop on raising awareness on inclusion of persons with disabilities was organized to promote respect for their rights and dignity. On 31 May 2017, a gathering on “Disabilities and older persons: including them in civil defence” was held and webcast, with the aim of raising public awareness about the importance of taking into account the needs of persons with disabilities and older persons in civil defence programmes, the family civil defence plan and contingency plans.
102.The Emergency Fund makes it possible to provide relief supplies and assistance in emergency and disaster situations, ensuring an immediate and timely response so as to save lives and protect health when a natural disaster is imminent, highly probable or happening.
103.The catalogue of training courses for civil defence personnel includes courses on a culture of civil defence and disaster risk prevention in which a cross-cutting theme is the inclusion of persons with disabilities as active agents at all stages of a disaster. The National School of Civil Defence takes a comprehensive risk management approach to the training and certification of professionals in this area.
104.All health-care units train staff to provide assistance, especially for persons with disabilities, in emergencies or disasters, with the support of the Civil Defence Brigade. The Safe Hospitals Programme responds to large-scale emergencies or disasters, coordinating implementation of an operating plan for domestic or external disasters.
105.After the earthquakes of September 2017, a document entitled Los primeros días en el aula después de la emergencia. Guía para los docentes (The first days in the classroom after the emergency: Guide for teachers) was made available to elementary schools.
106.The National Act on Enforcement of Criminal Penalties stresses, in keeping with the principle of equality, that the authorities must ensure that persons with disabilities are able to exercise their rights on an equal basis with others. In the case of persons with disabilities or those declared legally incompetent, the Act provides for reasonable accommodation when necessary and for universal design of facilities. Persons with disabilities who are deprived of their liberty in a prison must be treated with dignity by prison staff without distinction based on prejudice.
107.The General Act on Inclusion of Persons with Disabilities stipulates that administrative or law enforcement institutions must have specialized staff and interpreters of Mexican Sign Language and provide support for issuing documents in Braille, so that persons with disabilities will be able to make their interests and requests known. They must also implement training programmes on how to provide services to persons with disabilities, and the executive branch and state governments must make resources available for communication and for the necessary technical aids and human assistance.
108.The Act establishes the existence of affirmative action in favour of persons with disabilities. When, at the request of a person with disabilities or in the view of a competent authority, further measures are needed to safeguard a person’s right to receive proper assistance, real-time transcription with a stenotype machine and projector may be requested or an interpreter of Mexican Sign Language or some other means to enable the person to fully understand the proceedings may be provided. To safeguard the rights of a victim or aggrieved party who has a disability, the necessary accommodations must be made in the criminal proceedings.
109.The federal judiciary has issued more than 20 jurisprudential statements setting forth criteria related to the application of the human rights-based model in respect of persons with disabilities. The Supreme Court of Justice issued guidelines for interpreting a declaration of incompetence in connection with a decision on amparo, in response to an appeal by a young man with Asperger’s syndrome, in which it dealt with the new social model of disability.
110.The Political Constitution of Mexico City requires the authorities to implement a system of safeguards and support for decisions to be made on behalf of persons with disabilities and to ensure respect for their will and legal capacity. No amendments or proposed amendments have been put forward that would perpetuate a system of substitute decision-making.
111.In 2016, 46 workshops were conducted for 2,000 civil servants to promote recognition of equality before the law of persons with disabilities. During the first half of 2017, 21 workshops were conducted for 721 civil servants. In 2016, a series of lectures and discussions were held for civil servants, civil society organizations and persons with disabilities to promote their rights and well-being through awareness raising, protection and participation.
112.In 2017, two seminar-workshops were held on the right of persons with disabilities to exercise their legal capacity and have access to the courts. These activities were organized as part of the project on strengthening competencies of justice officials and other key actors with regard to the right of persons with disabilities to exercise legal capacity; they were directed at justice officials, legislators, government officials and civil society organizations. In December 2017, a seminar was held on the right of persons with disabilities to live independently and be included in the community.
113.The General Act on Inclusion of Persons with Disabilities provides that persons with disabilities are entitled to appropriate and dignified treatment in administrative and judicial proceedings in which they are involved, as well as to legal counsel and representation free of charge in such proceedings.
114.The General Victims Act recognizes on principle the need for a differentiated and specialized approach, bearing in mind that certain types of harm require specialized services consistent with the unique characteristics and the degree of vulnerability of victims. It stipulates that administrative and law-enforcement institutions must carry out training programmes for their personnel on dealing with persons with disabilities. The authorities must provide special guarantees and protection for groups whose rights are more likely to be violated.
115.In matters that fall under federal jurisdiction, the Federal Public Defender Service guarantees the right to a defence in criminal cases and access to justice through guidance, advice and free legal aid. Legal advisers are appointed to represent persons with disabilities in amparo proceedings.
116.The Supreme Court of Justice monitors the implementation of standards to ensure respect for and full exercise of the rights of persons in vulnerable situations through the Ibero-American Protocol for Judicial Action to Improve Access to Justice for Persons with Disabilities, Migrants, Children, Adolescents and Indigenous Peoples and Communities, and the Protocol for action by justice officials in cases involving persons with disabilities. This Protocol provides tools for interpreting the law to protect the rights of persons with disabilities; helps to eliminate attitudinal, physical and communication barriers; promotes respect for the rights of persons with disabilities on an equal basis; applies a social and human rights model; and takes into account the situation of women with disabilities, which is aggravated by gender.
117.The public telephone location service operates the multiplatform service Justicia para ti (Justice for you), providing free legal advice on criminal matters to the general public 24 hours a day, 365 days a year. The service provides specific information for victims or defendants with disabilities who are involved in criminal proceedings.
118.A service protocol for initial contact with persons with disabilities was developed for public prosecutors, using booklets designed to raise awareness and provide information on dignified and appropriate treatment. On 30 January 2018, a cooperation agreement was signed to promote the protection of human rights of persons with disabilities and to ensure their effective inclusion.
119.The General Act on the Rights of Children and Adolescents provides that children and adolescents have the right to participate, to be heard and to be taken into account in judicial proceedings and the administration of justice where disputes that affect them are considered. The Act recognizes their right to be informed by government bodies at the three levels of government as to how their views are assessed and how their requests are taken into account.
120.The National Act on the Comprehensive System of Criminal Justice for Adolescents stipulates that adolescent defendants with disabilities must be assisted ex officio and in all proceedings by a defender, and they must be assisted by a translator or interpreter assigned by the authority or chosen by the person with disabilities himself or herself; a qualified interpreter must be appointed to ensure effective communication, and reasonable accommodations in the proceedings may be requested to ensure the effective and full participation of the adolescent. The Act lays down principles for alternative mechanisms for the settlement of disputes, taking a differential and specialized approach in order to make all relevant adjustments.
121.The federal prison system takes measures to ensure that persons with disabilities who are deprived of their liberty have the same opportunities; for example, by adapting showers; issuing the regulations for federal social rehabilitation centres in Braille; refurbishing facilities for medical and psychological assistance; organizing activities in the areas of education and social work; offering counselling in Mexican Sign Language; refurbishing access ramps and walkways; offering adaptive sports; and stimulation and development of motor skills. In order to identify, prevent and eradicate discriminatory practices in federal prisons, the system provides training and raises awareness of staff regarding the right to equality, non-discrimination, inclusion and respect for the human rights of vulnerable persons and persons with disabilities.
122.Mexico has no legislation allowing institutionalization or deprivation of liberty on grounds of disability.
123.Regulation No. NOM-025-SSA2-2014, as updated, refers to voluntary institutionalization of patients. This model is based on recognition of the need for the reinsertion into society of persons with mental or psychosocial disabilities, preferably as a result of continuing treatment through community-based programmes run by hospitals, outpatient services, day centres, halfway houses and sheltered workshops, among others. Special emphasis is placed on prevention, following a holistic approach and bearing in mind the complex biological, psychological, social and gender-related issues involved, in particular for vulnerable groups.
124.In cases of involuntary institutionalization as a last resort for treatment, a diagnosis must be given based on psychological, neurological, psychiatric and other relevant medical specializations, depending on the person’s clinical condition. Services must be provided continually to protect, promote, restore and maintain mental health with quality, compassionate care while ensuring safety. Treatment must be provided with a community-based approach and sensitivity to gender difference. This includes health promotion and preventive, diagnostic and therapeutic measures, including prescription of medications, psychotherapy and psychosocial rehabilitation.
125.Hospital care is provided in the Dr. Juan N. Navarro Children’s Psychiatric Hospital and the Fray Bernardino Álvarez and Samuel Ramírez Moreno psychiatric hospitals. In 2013, there were 4,298 involuntary placements (92 per cent); in 2014, 3,515 (74 per cent); in 2015, 3,147 (87 per cent); in 2016, 4,169 (85 per cent), and in 2017, 3,725 (87 per cent).
126.In 2013, a programme of action for improvement with respect to human rights was launched which includes disseminating information on human rights to users, relatives and the general public; training health-care personnel; monitoring the use of informed consent and implementation of the protocol for physical restraint of inpatients; providing medical and psychological support for victims; improving infrastructure, supervising cleanliness of facilities and maintenance; supplying medication; monitoring the protocol for electroconvulsive therapy; and activities relating to community psychiatry.
127.The General Act on the Prevention, Investigation and Punishment of Torture and other cruel, inhuman or degrading treatment or punishment defines the criminal offences of torture and other cruel, inhuman or degrading treatment or punishment, specifying the penalties for such acts. It establishes as a principle the need for a differential and specialized approach, stressing that in applying this legislation, it is important to take into account inter alia any disability suffered by a person who is a victim of such offences.
128. The Act provides that penalties are to be increased by one half if the victim is a person with disabilities. It creates a national mechanism within the National Commission on Human Rights, guaranteeing its autonomy and its specialized nature, as an independent area governed by a technical committee comprised of four independent experts on the prevention of torture.
129.Health institutions work to guarantee the rights of persons with disabilities, ensuring that they are treated with dignity, monitoring the performance of health personnel and preventing and punishing practices that violate their rights, with penalties that may be administrative, civil or criminal. Failure to comply with regulations governing the practice of medicine may be dealt with either through the justice system — the Federal Prosecution Service and the civil courts — or the National Medical Arbitration Commission.
130.The strengthening of women’s justice centres is a policy of action to prevent violence against women, in fulfilment of the Mexico at Peace Goal of the National Development Plan, as well as the Comprehensive Programme to prevent, address, punish and eradicate violence against women 2014–2018, which calls for strengthening and increasing the comprehensive care centres and temporary shelters and promoting free and accessible specialized services for women.
131.The Women’s Justice Centres provide psychological, legal and medical assistance; temporary shelters; playrooms staffed by child development specialists; and workshops on social and economic empowerment to help women break the cycle of violence. Information is provided to women with disabilities in a way that is easy to understand. At-home care is also available.
132.From 2010 to 2016, 239,702,540,890 pesos were allocated for construction and improvements in the Women’s Justice Centres. Between 2011 and 2017, assistance was provided to more than 457,814 women; of these, 403 had disabilities (218 in 2016 and 185 in 2017). Thirty-eight Women’s Justice Centres are in operation in 26 federative entities; they have infrastructure and trained staff to assist women with disabilities and their children.
133.In November 2013, a telephone help line called 01 800 Háblalo (Say it) was set up to provide a comprehensive nationwide service for victims of gender-based violence. From November 2013 to 31 December 2016, service was provided in 64,413 cases through 61,683 telephone calls, 2,443 chat forums and 287 emails.
134.The Social Management Module provides legal guidance to women who are in situations where they suffer violence. From 2015 to August 2017, guidance was provided by telephone or in person to 89 persons with disabilities.
135.The National Data and Information Bank on Cases of Violence against Women has electronic case files for all women exposed to gender-based violence in the 32 federative entities, thus facilitating identification of cases of victimization against women and improving the services offered by institutions.
136.The 230,206 recorded cases of girls, adolescents and women who were victims of gender-based violence involved psychological abuse (43 per cent), physical abuse (26 per cent), economic abuse (16 per cent), financial abuse (7 per cent), sexual abuse (6 per cent) and other types of abuse (2 per cent).
137.Women with disabilities aged between 19 and 40 were the victims in 218 cases. The National Data and Information Bank on Cases of Violence against Women identifies situations in which emergency measures are required bearing in mind the best interest of the women with disabilities who are abused. It identifies geographical regions and social environments in which greater efforts are needed to address the situation.
138.The Specialized Technical Committee on Gender-Sensitive Reporting drew up guidelines for incorporating the gender perspective into the National Statistical and Geographical Information System. The guidelines include instructions for institutions involved in the production, adoption and dissemination of information of national interest to take into account the gender perspective and provide useful information for the design and evaluation of public policies aimed at eliminating social, economic, political and cultural inequalities between women and men.
139.The Support Programme for Women’s Bureaus in the Federative Entities seeks to build an egalitarian society through prevention and services to reduce violence against women through annual programmes promoted and operated by 32 state women’s offices in coordination with public and social agencies. Since 2014, its rules of operation have included specific references to persons with disabilities, in particular a rights-based approach, training and raising awareness of social actors concerned with gender, human rights and violence against women.
140.Between 2015 and 2017, the Support Programme for Women’s Bureaus in the Federative Entities provided services to 5,243 women with disabilities. In 2015, it provided support to 337 specialized care units, 149 of which had access ramps for persons with motor disabilities, and 102 made accommodations and adapted spaces. In 2016, the Programme provided support to 381 specialized care units; of these, 136 have access ramps, and 72 made accommodations or adapted their facilities.
141.The Judicial Statistics Network developed a standardized conceptual framework of gender-related and human rights statistics on criminal matters of the adversarial criminal justice system in the ordinary courts that serves as a model and guide for adapting and/or developing information systems for the state high courts of justice. As of March 2017, 17 courts had begun work on implementation of the conceptual framework, which includes a set of variables to be collected, including the disability situation of persons involved in judicial proceedings.
142.The General Act on the Rights of Children and Adolescents recognizes that children and adolescents have the right to a life free of violence and to personal safety. The Act stipulates that when assistance and protection are provided and arrangements are made for comprehensive reparation of harm, the protocols for care must take into account a person’s age, level of development and cognitive ability and maturity. The National System for the Comprehensive Protection of Children and Adolescents must work in coordination with the National Victims Support System. Federal and local authorities must take appropriate measures to ensure physical and psychological recovery and restoration of the rights of children and adolescents who are victims of any form of violence.
143.From 2014 to 2017, the Social Coinvestment Programme provided support for 225 projects on care of persons with disabilities and sick and older persons, with federal funds amounting to 49,149,741 pesos. These services benefited 54,246 persons (35,173 women and 19,073 men).
144.Regulation No. NOM-032-SSA3-2010 applies to the monitoring of shelters and reception centres for children and adolescents with disabilities. In May 2016, the Office of the Special Prosecutor in the Office of the Attorney General of Mexico City and the Mexico City System for Comprehensive Family Development closed down Casa Hogar Esperanza.
145.With regard to the recommendation to launch administrative and criminal investigations in cases of forced sterilization of girls, adolescents and women with disabilities, chapter VI, on Family Planning, of the General Health Act stipulates that anyone who practises sterilization without the consent of the patient or who exerts pressure for the patient to grant consent must be punished pursuant to the provisions of the Act, independently of any criminal liability he or she incurs.
146.In regard to medical care, the regulations to the General Health Act require that when a patient is admitted, his or her written and signed consent must be given for any medical or surgical procedure to be performed for diagnostic or therapeutic purposes, and that the patient must be given clear information about the type of document that is being presented to him or her.
147.Pursuant to Regulation No. NOM-004-SSA3-2012, on clinical case files, all institutions in the national health system are required to inform patients of the potential risks and benefits inherent to their treatment. The regulation is mandatory for health-care personnel and establishments that provide medical services in the public, social and private sectors, including doctors’ offices.
148.The Migration Act establishes equal treatment for migrants as a principle of the State’s migration policy. Emergency care is provided to migrants with disabilities or those who become disabled while in transit; once they are stabilized, they are transferred to shelters for recovery for a period of up to three months. The authorities work with civil society organizations and international agencies to assist migrants who are amputees or who are seriously injured or sick.
149.A programme of maintenance and new construction was implemented, mainly in migrant holding centres and public service offices, to accommodate migrants with disabilities by installing ramps, elevators, banisters and toilets. The terms of reference for contracts for executive projects for migration facilities include provision for accessible spaces and facilities. New accessible facilities with refurbished spaces have been set up in Huatulco, Chetumal and Palenque.
150.Individual applications for refugee status are considered on the basis of a thorough investigation and expert analysis. Priority needs are met in collaboration with other institutions, international agencies, civil society organizations and academic institutions, promoting non-discrimination, family unity and local integration, including for persons with disabilities.
151.The Guidelines for issuing passports provide for a 50 per cent reduction in the cost of passports for persons with disabilities. The regulations governing passports and travel and identity documents stipulate that application forms for passports and travel and identity documents must be accessible to persons with disabilities, who must be given support as needed.
152.Article 4 of the Constitution provides that everyone has the right to identity and to be registered immediately at birth. The State must ensure compliance with those rights. The competent authority must issue the first certified copy of the birth record free of charge.
153.The General Population Act makes it obligatory to register and issue identity documents to everyone living in the country and to all nationals living abroad, through the National Population Registry with the Single Population Registration Code.
154.The national health system issues birth certificates for children, ensuring that registration is done promptly and that sufficient resources are available to issue the birth certificate within three days after the child’s birth. When there is no official record of birth, the institutions of the national health system use birth certificates as a provisional measure to enrol the child in health programmes, in order to provide immediate assistance to newborns.
155.When mothers or relatives are not entitled to the services of social security institutions, they are informed that their newborns may be enrolled in the Siglo XXI medical insurance programme, which provides preventive, curative, rehabilitation and palliative care for children under 5 and their families.
156.The General Act on Inclusion of Persons with Disabilities establishes the right to a higher human development index, including adequate food, clothing and housing, and to the continuous improvement of living conditions, through:
•Measures to ensure access for persons with disabilities to protection and social development programmes and poverty-reduction strategies
•Social assistance services, such as training services, financial assistance and temporary care, for persons with disabilities who live in poverty or who are neglected or marginalized, including in rural regions and indigenous communities
•Access to establishments that specialize in providing assistance, protection and shelter for persons with disabilities living in poverty, neglect or marginalization
157.The Hogar a tu medida (Homes that fit you) programme provides financial assistance for the purchase of homes with accessibility features and dimensions, thus improving the quality of life of beneficiaries with disabilities. The programme provides for loans to persons with disabilities who are in the labour force and eliminates titling, financing, operating and administrative expenses, which range from 3 to 5 per cent of the amount of the loan.
158.The PROSPERA Social Inclusion Programme coordinates institutional services provided in the context of the social policy, including production development, income generation, economic well-being, inclusion in the financial system and the labour force, and education, food and health, all aimed at people living in poverty, under co-responsibility schemes that enable families to improve their living conditions and ensure the enjoyment of their social rights and access to social development with equal opportunities. The Programme benefits more than six million families by promoting their economic autonomy through job creation and inclusion of families in production.
159.The Programme also provides scholarships for children of beneficiary families who attend or are completing elementary and secondary school, as well as assistance for the purchase of school supplies, with priority being given to children and adolescents with disabilities. Scholarships are granted to young people with disabilities to assist them in new educational options such as non-school, technical and job training.
160.The Programme provides access to the Guaranteed Basic Health Package and its gradual migration to the 27 procedures listed in the Universal Catalogue of Health Services; workshops for health self-care, medical care for families; prevention and treatment of malnutrition; assistance for older persons and support for members aged between 0 and 9 years. Training has been provided to 1,348 civil servants in the health sector on inclusion and decent treatment without discrimination in social programmes and services that cater to persons with disabilities.
161.Medical units provide care, counselling and information on family planning methods in connection with sexual and reproductive rights, with a gender-equity approach and without restriction as to method or entitlement, in compliance with the National Strategy on Prevention of Teenage Pregnancy.
162.In 2015, a procedure for identifying beneficiaries with disabilities was put in place in order to provide them with assistive devices such as walkers, hearing aids, canes, crutches, wheelchairs and prescription eyeglasses. Around 10,000 assistive devices were provided in 2015. In 2016, 11,620 assistive devices were provided (464 walkers, 3,009 hearing aids, 642 canes, 214 crutches, 2,436 wheelchairs, 275 wheelchairs and 4.580 eyeglasses). In 2017, a pilot programme of financial aid for beneficiaries with disabilities was carried out in San Luis Potosí.
163.To strengthen partnerships between state and municipal governments and private initiatives, calls for bids have been issued for social co-investment projects. In 2015, in conjunction with the MVS-Radio Foundation, the programme entitled Por la Audición (AU) (For Hearing) was started to promote action aimed at fully including persons with hearing impairments in the areas of health, education, jobs, access to justice, recreation, sports, culture and accessibility, so as to contribute to their full enjoyment of equal rights and opportunities.
164.From 2014 to 2017, support in the amount of 115,349,028 pesos was provided for 638 projects operated by civil society organizations for care and inclusion of persons with disabilities. The projects benefited 153,889 persons (80,226 women and 73,663 men) in areas such as prevention, physical rehabilitation (physiotherapy, equine therapy and play therapy), psychological services for persons with disabilities and their family members and/or primary caregivers, medical and health services and inclusion in education and jobs.
165.The Targeted Action Programme for Psychiatric Care 2013–2018 aims to strengthen and modernize services with an inclusive community-based approach, focusing on changing the community hospital model, boosting investment of resources and consolidating the availability of care for mental or psychosocial disabilities, with full respect for human rights and effective, comprehensive, continuous and quality programmes.
166.Specific action was taken under the Miguel Hidalgo Mental Health Strategy to deinstitutionalize persons with mental or psychosocial disabilities and help reintegrate them in society, providing comprehensive services, such as in Villas de Transición Hospitalaria (transitional housing for patients leaving hospital), independent flats and halfway houses. The duration of a person’s stay in such arrangements is agreed with that person, bearing in mind his or her recovery process.
167.The People’s Health Insurance Scheme provides free medications for persons with disabilities and medical and rehabilitation services according to the Universal Catalogue of Health Services through the following programmes: prostheses workshops, Para Oírte Mejor (To Hear You Better), Para Verte Mejor (To See You Better), Rodada de Vida (A Ride for Life) and functional support. Between January 2013 and June 2017, 155,464 technical aids were delivered to 124,460 persons with disabilities.
168.The Mexican Social Security Institute provided technical aids to beneficiaries with disabilities:
Electronic upper-limb prostheses
Artificial upper limbs
Lower limb below-knee prostheses
Lower limb above-knee prostheses
Upper limb prostheses hand amputation
169.Military personnel who acquire some type of disability in the performance of their duty receive full medical care, including surgery, medication, surgical materials, prostheses and orthoses.
170.When beneficiaries, children or siblings over 18 years old of oil workers live with a permanent disability, they are entitled to medical care similar to that provided for workers and have access to medical services, including cochlear implants for children under 6.
171.Article 17 of the General Act on Inclusion of Persons with Disabilities provides that to ensure accessibility, all basic infrastructure, equipment or urban environment and public spaces must be universally accessible and adapted for everyone. This includes the use of signage, architectural facilities, technologies, information, the Braille System for Reading and Writing, Mexican Sign Language, technical aids, guide dogs or service animals and other support services. Public facilities must gradually be adapted.
172.To encourage research and innovation for the inclusion of persons with disabilities, the National Prize for technological innovation for social inclusion. known as INNOVATIS, was created to identify, analyse and reward innovative and successful experiments on the application of technologies that have a direct impact in promoting social inclusion and reducing social deprivation.
173.One example is the ALAS Alfabetizar a Sordos (Literacy for the Deaf) programme, applying ICT-based teaching tools to help the deaf learn to read and write in Spanish, with an appropriate bilingual-bicultural approach. Software packages are being developed to allow for the interactive use of materials, mainly through images (illustrations, photographs, animation and videos in Mexican Sign Language). Learning activities and feedback are provided through games.
174.The National Rehabilitation Institute and the Teletón Foundation held an “Innovathon” event to encourage university students to develop ideas and technological prototypes to benefit 16 children and adolescents with disabilities. Ten universities throughout the country participated in the event.
175.The Universidad Michoacana de San Nicolás de Hidalgo and the Art and Culture Information Centre in Michoacán organized a national meeting on technological innovation for persons with disabilities. They disseminated information on technological and scientific advances to help persons with disabilities and promoted the development of projects and prototypes and innovations in assistive technology.
176.Six courses on independent living were carried out in which persons with disabilities lived for 24 hours with other persons with disabilities, physical and occupational therapists, doctors specializing in rehabilitation, civil servants, entrepreneurs and family members. This made it possible to facilitate emotional and physical training with a specialized team of instructors who shared their skills in handling the wheelchair, practical know-how to facilitate inclusion and their own personal experiences.
177.The right to information is protected by article 6 of the Constitution. The General Act on Inclusion of Persons with Disabilities provides that persons with disabilities have the right to freedom of expression and opinion, including freedom to seek, receive and impart information through any form of communication that facilitates their participation and integration on equal terms, by:
•Providing in a timely manner and without additional cost information intended for the general public, in accessible formats and with technologies appropriate to different kinds of disabilities
•Promoting the use of Mexican Sign Language, Braille and means, modes and formats of communication, access to new systems and ICTs
•Providing information about social services and programmes on disability and any advice requested
•Providing information in formats that are accessible and easy for persons with disabilities to understand
178.The Federal Act on Transparency and Access to Public Information calls for the opening up of institutions through open government initiatives so as to improve public management by disseminating information in open and accessible formats, and through the effective participation of society in this regard.
179.The Federal Telecommunications and Broadcasting Act establishes accessible procedures for requesting emergency services, recognizing the capacities and skills of persons with disabilities, and requires that websites of federal and state public institutions have accessibility functions. It also establishes the right to have access to subtitling and dubbing services in Spanish and Mexican Sign Language for persons with auditory impairment, which must be available in at least one of the major nationwide news programmes of every broadcast television concessionaire. At least three national news programmes are currently complying with this provision (two commercial stations and one public station).
180.The Act requires federal national and public channels and to have Mexican Sign Language or closed captioning in the national language during their broadcasts between 6 a.m. and midnight. Accordingly, four commercial and seven public channels have these services, each one transmitting 75 per cent of its programming with closed captions and/or Mexican Sign Language, regardless of whether the material is original or repeated.
181.Article 16 of the Constitution provides that no one may be subjected to interference in respect of his or her person, family, home, papers or possessions, except under written orders from a competent authority stating the grounds and reason for the warrant. Everyone has the right to have their personal information protected and to have access to, correct or cancel such information, and private communications are inviolable. The law punishes any act that violates the freedom and privacy of such communications.
182.The General Act on the Protection of Personal Information in the Possession of Reporting Entities and the Federal Act on Protection of Personal Information in the Possession of Individuals establish the basis for guaranteeing the right of all individuals to have their personal information protected, as well as a procedure for imposing sanctions. Sanctions are doubled when “sensitive personal information” is involved.
183.In order to facilitate family reintegration and social integration and to prevent institutionalization in social welfare centres, the Support Programme for the Protection of Persons in Need provides direct temporary financial assistance of up to 2,500 pesos per month for periods of 3, 6, 9 or 12 months, subject to quarterly review.
184.The Programme provides support for temporary residential care in social welfare centres through civil society organizations, as a secondary option for children and adolescents with disabilities to receive comprehensive care, although priority is given to providing care in a family setting or a foster home. Once the period of residential care is over, beneficiaries are referred to the direct temporary economic support programme so as to promote family reintegration.
185.Beneficiaries are separated from their families only as a last resort, on a temporary basis and for the shortest possible time; in principle, siblings who are close are not separated or placed in different alternative arrangements unless there is a clear risk of abuse or some other justification, bearing in mind the best interests of the child.
186.Civil society organizations have an obligation to promote, respect, protect and guarantee the human rights of beneficiaries with disabilities, including children and adolescents and older persons, bearing in mind the right of children to maintain contact with their parents who are in prison or otherwise confined, to receive psychological support and assistance, and to have access to information on the situation of their family members. Charging for services to beneficiaries and/or their families is prohibited, and beneficiaries may not be restricted from contacting members of their family or other persons who are especially important to them.
187.In 2015, 150 caregivers received training on improving the treatment of persons with disabilities, through a course on recognizing the care of persons with disabilities. The System for Comprehensive Family Development, the Ministry of Labour and Job Promotion and the Ministry of Social Development, all of Mexico City, participate in 14 caregiver cooperatives.
188.The family planning procedure is being implemented in medical units, which provide their services with a gender perspective. Family planning and reproductive health for persons with disabilities are promoted in the modules that serve the urban and marginalized population and in the family-planning and reproductive-health modules. Campaigns and seminars on reproductive health and family planning are carried out in the private and public spheres, without distinction as to gender, age or disability.
189.The units of the national health system provide preventive and curative services in the area of sexual and reproductive health.
190.Regulation No. NOM-007-SSA2-2016 stipulates that care must be comprehensive and focused on human reproduction as an expression of reproductive rights, which must be freely chosen and safe, promoting shared responsibility in caring for the health of women, their partners and the community. The aforementioned regulation is supplemented by regulation No. NOM-015-SSA3-2012.
191.A short video presentation on sexual rights of persons with disabilities was developed, including interpretation in Mexican Sign Language, for dissemination on the Internet and social media. A leaflet on sexual rights of women with disabilities was created, and an information video with subtitles and sign language interpretation is projected on video monitors in medical units. A website, www.comolehago.org, was created to disseminate freely accessible information on sexuality and contraceptive methods. From November 2015 to April 2017, an online course on sexual and reproductive health and prevention of teenage pregnancy was developed for health-care personnel.
192.The Abriendo Espacios (Opening Spaces) programme seeks to reduce the difficulties faced by persons with disabilities and older women in trying to enter the labour market. Personalized services are provided by the offices of the National Employment Service in the 32 federative entities so as to determine whether jobseekers need information or orientation or whether they should be directed to training or self-employment programmes.
193.From December 2012 to December 2017, services were provided to 460,548 elderly persons and 203,425 persons with disabilities; of these, 192,449 older persons and 71,388 persons with disabilities were placed in jobs, representing a placement rate of 40 per cent.
194.In 2016, the Proequidad Programme helped 161 civil society organizations in connection with projects aimed at combating discrimination and violence and promoting equal treatment between women and men. Two organizations provided direct assistance to persons with disabilities in Mexico City and Puebla, with a total contribution of 982,800 pesos (333,000 pesos in Mexico City and 649,800 pesos in Puebla) under the theme “Enhancing the economic agency of women to promote greater opportunities for their well-being and development”.
195.The General Act on the Rights of Children and Adolescents recognizes the right to live in a family and establishes guidelines for foster families and for adoption. Institutionalization is viewed as a last resort within the National System for the Comprehensive Protection of Children and Adolescents.
196.In Mexico there are approximately 1.1 million persons with disabilities aged between 3 and 22 years. There are 407,000 students with disabilities in regular educational centres, including 18,000 in preschool, 180,000 in primary school, 146,000 in secondary schools, 35,000 in upper secondary schools and 28,000 in higher education.
197.The 2016 report Evaluación de la Política de Desarrollo Social (Evaluation of the Social Development Policy) shows that 51.1 per cent of persons with disabilities were below modal grade in 2014, while 48.7 per cent were below modal grade in 2016. These figures show progress with respect to the indicators on inclusive education set forth in the National Programme for the Advancement and Inclusion of Persons with Disabilities.
198.Under article 3 of the Constitution, everyone has the right to an education. Article 12 of the General Act on Inclusion of Persons with Disabilities requires the Ministry of Education to promote the right to education of persons with disabilities and to promote their inclusion in the national education system.
199.The General Act on the Rights of Children and Adolescents provides that the right to education of children and adolescents with disabilities may not be denied or restricted and states that the responsible authorities must implement measures of affirmative action on behalf of groups with the greatest educational difficulties; physical and mental health issues are included among the situations that cause vulnerability. The idea is to foster an inclusive approach in educational policies, as well as reasonable accommodation, improving educational services for children and adolescents with disabilities and ensuring their right to education from preschool to the tertiary level.
200.The educational reform envisages a new educational model that entails guaranteeing equal opportunities and combating the educational difficulties of students with disabilities, while transitioning to an inclusive approach to education whereby students with disabilities will attend regular schools. Physical spaces in all schools will be adapted, appropriate educational materials will be provided, and teachers and parents will receive training to enable them to cater for all the learning needs, characteristics and interests of pupils.
201.Under the new education system, initial training for teachers in basic, upper secondary and special education must be updated to deal with inclusive education. Plans and curricula at the licentiate level in teacher training schools and in continuing education programmes for teachers must also be brought up to date.
202.On 1 June 2016, the General Education Act was amended to cover the publication of books and materials in accessible formats, accessibility of school buildings, conditions for the full realization of the right to quality education and training programmes. The Act also covers support for persons with disabilities in regard to learning, behaviour and communication and social participation in education. It establishes the obligation to provide reasonable accommodation and requires that providers of educational services who do not comply with these provisions be charged with violations.
203.A model for inclusive education of persons with disabilities was designed, bearing in mind the need to sensitize and train principals, teachers, students and parents; to adapt the educational infrastructure; to provide administrative, training or technological support; and to implement the use of Mexican Sign Language and Braille.
204.The pedagogical approach is to consolidate inclusive education by promoting the full participation of students by identifying and eliminating barriers to learning and ensuring that they have access to, remain in and graduate from the system. Under the new educational model, the idea is to enable students with disabilities to transition from special centres to regular schools.
205.In order to ensure that students with disabilities have access to support within the regular education system, the concept of Aprendizaje Basado en la Colaboración y el Diálogo (ABCD) (Learning Based on Collaboration and Dialogue) is followed to identify the learning style and pace of individual students and, as the result of a specialized study, place them according to their needs. In population centres of fewer than 2,500 inhabitants, 336,387 children and adolescents (3,307 of them with disabilities) are receiving support.
206.Those who cannot be placed immediately in regular services receive basic education in 1,681 multi-service centres and 4,423 in mainstream education support service units. This system has an enrolment of 122,000 students with disabilities. The upper secondary education system has service centres for students with disabilities and classrooms following the POETA (Partnership in Opportunities for Employment through Technology in the Americas) programme, with 24,000 students with disabilities.
207.The General Act on the Rights of Children and Adolescents stipulates that the right to education of children and adolescents with disabilities may not be denied or restricted and that the responsible authorities must implement affirmative action programmes for groups with the greatest education gaps, including those who are vulnerable in terms of physical and mental health.
208.The mechanism for identifying students with disabilities from preschool to tertiary level has been improved since 2014. During every school year, mainstream schools and special education services gather information, by grade and gender, on the number of students who have disabilities and the types of disabilities. A technical glossary is provided to help teachers identify students with disabilities based on the classification/typology and terms set forth in the Convention and in the General Education Act.
209.In 2017, the Strategy on Equity and Inclusion of Students with Disabilities was launched to promote social integration in schools, improve the quality of education and promote gender equity. To that end, a pilot plan based on a medium- and long-term inclusion strategy was drawn up. It was implemented beginning in the 2017/18 school year in 200 targeted primary schools and 50 schools at the upper secondary level which were selected for their mastery of the inclusive approach.
210.The strategy entails training state authorities, persons responsible for special and indigenous education and those in charge of educational reform at the entity selected; developing guidelines for inclusive education; creating a work plan for each school; and evaluating progress.
211.To that end, workshops on strengthening of academic standards were held in schools and/or public special education services. These activities targeted students, special education support staff (psychologists, social workers, workshop instructors, communication and language specialists and others), pedagogical and technical advisers, coordinators or directors of special education, special education teachers, mainstream education teachers, supervisors and parents.
212.The Inclusion and Equity in Education Programme lays down strategies and actions to promote the right to education of persons with disabilities by providing technical support, equipment and materials for the education and training of qualified teachers so as to eliminate or reduce barriers to learning and participation. The Rules of Operation for 2017 call for affirmative actions to be implemented by the entities on behalf of students with disabilities in basic education.
213.To ensure free access for persons with disabilities in regular projects as well as in special programmes at the federal level, universal design standards for construction of physical infrastructure (toilets, ramps and banisters) are implemented through the Escuelas al CIEN (schools with National Educational Infrastructure Certificates) programme.
214.In 2015, 28,734 books in Braille and 126,123 books in large print were distributed. During the 2016/17 school year, 9,952 beneficiaries in 22 federative entities were enrolled, and during the 2017/18 school year, enrolment totalled 12,078 in 32 entities. Materials were delivered in schools during the first two weeks of the 2016/17 school year, covering 98 per cent; the remaining 2 per cent were delivered in stores. A total of 18,898 books in Braille and 90,623 in large print were provided.
215.For the 2017/18 primary school year, 41 titles in Braille, 42 titles in large print and 44 titles in standard print were produced for first to sixth grades. At the secondary level, 67 titles in Braille and 118 titles in large print, totalling 19,979 copies, were produced for the first to third years. Twenty titles were issued in Braille and large print for classroom libraries (13 for primary and 7 for secondary school), and 5,011 copies were distributed for 1,559 students.
216.Modular courses using assistive technology are offered to persons with disabilities, providing them with technical and strategic tools in computer use and English to help them find jobs. Courses such as Without Borders, Windows Tools and Introduction to Internet Explorer are offered. A strategy of targeted services for persons with visual impairment or low vision is being implemented using modules in Braille adapted for the beginner and intermediate levels. Support was provided for 66 visually impaired persons (including 18 women and 20 men at the primary level and 14 women and 14 men at the secondary level).
217.Work was coordinated with organizations of and for blind and visually impaired persons for the use in primary schools of nine educational modules in Braille, corresponding to the intermediate level of the Education for Life and Work scheme. Voice modules were designed for the advanced level, and relevant educational services were provided to persons with visual impairment through the Plazas Comunitarias programme.
218.In the case of indigenous education, fascicles were updated for the “Relevant and inclusive education. Disabilities in indigenous education” series, which presents strategies starting at the beginner level for the provision of services to children and adolescents with visual, auditory, motor and/or intellectual disabilities. In addition, student handbooks for the “Science, technologies and narratives (colours and light and shade)” series, which contain practice exercises for Mexican Sign Language and Braille, were brought up to date.
219.In 2015, 81 projects totalling 100 million pesos were approved for 74 public institutions, as part of the Inclusion and Equity in Higher Education Programme. In 2016, support amounting to nearly 79 million pesos was provided for 47 projects, for the same number of institutions. These projects help provide stability and mobility and improve the living conditions of the student population through academic and networking activities, courses, workshops and accommodations to infrastructure, furniture and equipment with features specifically designed for students with disabilities. In 2017, 56 projects with funding of 49 million pesos were approved.
220.In the context of the Digital Inclusion and Literacy Programme, a Guía para la inclusión digital de alumnos con discapacidad (Handbook on Digital Inclusion for Students with Disabilities) was developed for directors, teachers and families. The Handbook offers guidance on the use of tablets and accessories provided to students, along with accessibility tools for the operating system such as subtitles, touch and hold delay, enlarged texts, activation of visual alerts, contrasting colours, voice synthesizer and voice reader. A catalogue of free applications is included. Three thousand accessible peripheral devices were distributed to fifth grade students with different types of disabilities in six federative entities.
221.A licentiate degree in special education is offered which gives teachers knowledge, skills, abilities, attitudes and values to address the educational needs of students with disabilities. The programme focuses on four areas: hearing and speech, intellectual, motor and visual issues. The curricula include courses on fostering diversity, education for inclusion and socio-educational intervention projects, identifying problem areas and priority lines of intervention in primary education.
222.The subsystem of technological universities offers courses for teaching and administrative staff. In 2016, 1,452 academic events were held, including courses and workshops on educational support for students with disabilities or autism spectrum disorder; meetings with teachers; inclusion strategies, diploma courses, congresses and/or conferences; follow-up and counselling; and talks and/or videoconferences, benefiting 4,354 supervisors, 114,571 staff in mainstream schools, 124,164 in special education, 1,549 in indigenous education and 4,846 in online secondary education.
223.The model of inclusive care and services for children and adolescents with disabilities in the context of the Childcare Support Programme for Working Mothers was implemented in 405 day-care centres in nine federative entities, which served 160,350 children aged 1 to 5 years; of these children, 2,301 have disability certificates, and 1,392 do not have medical certificates.
224.The Targeted Programme of Action on Family Planning and Birth Control addresses needs in the area of family planning and birth control, especially among vulnerable groups.
225.The admissions process for in-hospital and outpatient care in the six units of the psychiatric care services includes requests for informed consent from patients receiving care. Compliance with this measure is enforced through oversight mechanisms such as the Clinical Records Committee.
226.Patients who are accepted for medical care, surgery, diagnostic or non-invasive studies and rehabilitation at the National Rehabilitation Institute are informed about the risks and benefits inherent to their treatment.
227.The health sector has more than 20,000 medical units that provide different levels of care, 134,974 beds, 74,983 doctors’ offices, 4,049 operating theatres, 1,944 rehabilitation services, 210,000 medical personnel and 287,286 nursing personnel.
228.In 2017, the health sector had a budget of 535,645,200,000 pesos to cover operating expenses and health services. An average of 50 billion pesos are allocated annually for the purchase of medications for pharmacological treatment in health sector institutions, which have 1,371 drug codes.
229.Approximately 31.565 billion pesos from the total budget of the health sector were allocated for the care of persons with disabilities. In addition, 41.7 million pesos were allocated to the Programme for Care of Persons with Disabilities, and 24.7 million pesos for care of persons with disabilities.
230.The 2016 report on the measurement of poverty that was conducted by the National Council on the Evaluation of Social Development Policy shows progress in access to health services for persons with disabilities; 18.8 per cent did not have access to health services in 2012, while 12 per cent lacked access in 2016:
231.The health system guarantees preventive and curative services in sexual and reproductive health for women with disabilities. Women with disabilities are not pressured to undergo abortions; in the event of non-compliance with the regulations governing medical procedures, administrative, civil or criminal penalties are applied.
232.Websites of units and institutions in the health sector are gradually being updated to make them accessible to persons with disabilities, bearing in mind the reasonable accommodations that are needed.
233.The health services strive to meet the needs of persons with disabilities, including through early detection and intervention and services, so as to prevent and reduce as much as possible the appearance of new disabilities, including in children and adolescents and older persons, as close as possible to their communities, including in rural areas.
234.The health services have specialized medical capabilities for diagnosis, treatment and rehabilitation. They work to prevent diseases and trauma with the support of a multidisciplinary team of health professionals (nurses, physical therapists, physiatrists, psychologists, psychiatrists, occupational and speech therapists and, in some cases, rheumatologists and geriatricians), providing comprehensive care for patients so as to achieve satisfactory treatment and effective rehabilitation.
235.The basic rehabilitation units provide the foundation for care of persons with disabilities, as they provide health promotion and disability prevention services, simple rehabilitation and rapid and effective assessment of abilities, skills, potential for and limitations on employment.
236.Health professionals and the multidisciplinary team receive training and are made aware of the rights of persons with disabilities; they are also taught about free and informed consent, the use of inclusive language, accessibility, Mexican Sign Language and reproductive health. By the end of 2017, courses had been offered to more than 45,000 persons, including doctors, nurses, therapists, social workers, orderlies and first-contact personnel.
237.The information programme for families of children with disabilities provides guidance to families, so that they can learn about, accept, support and foster their children’s development. Informational meetings are held with professional staff, generating a culture of inclusion and strengthening the exercise of the rights of persons with disabilities. During 2017, 857 meetings were held to offer assistance to 10,370 parents.
238.Awareness-raising activities were held, and training on disability was offered:
•The first group of naval personnel, on Mexican Sign Language, raising awareness among 1,501 members; dissemination of a short video on the rights of persons with disabilities on the Internet and in social media.
•Members of the service providing personal assistance to persons with disabilities. Preparation and dissemination of the Manual on appropriate treatment, including content to give them more tools for dealing with persons with disabilities, considerations on appropriate behaviour, depending on the type of disability, and the use of inclusive language. Policy documents on rights and inclusion are available on the microsite of the Committee for the Institutional Programme on the Rights of Persons with Disabilities.
239.Vocational training programmes for medical personnel cover subjects such as the rights of persons with disabilities for students of rehabilitation medicine, physical medicine, orthopaedics, surgery and gynaecology/obstetrics. Training in other specialities is supplementary to the established programme. The annual completion rate over the past five years has risen by 385 per cent, from 388 to 1,497 graduates. At the graduate level, rehabilitation medicine is taught in six universities with 15 clinical fields, 93 per cent of them in the public health sector. On average, 100 specialists in rehabilitation medicine graduate every year.
240.According to the National Survey of Population Dynamics 2014, 39.1 per cent of all persons with disabilities aged 15 years or over were economically active; 42.3 per cent of young people (aged 15 to 29 years) and 58.9 per cent of adults (aged 30 to 59 years) were economically active, while in the case of older persons, the rate was 24.2 per cent.
241.The 2016 Report on the Evaluation of Social Development Policy issued by the National Council on the Evaluation of Social Development Policy shows that in 2014, 32.5 per cent of persons with disabilities had access to employment, and in 2016, the rate was 39.04 per cent, surpassing the target of 38.45 per cent for 2018 set by the National Programme for the Advancement and Inclusion of Persons with Disabilities.
242.Article 11 of the General Act on Inclusion of Persons with Disabilities stipulates that the Ministry of Labour and Social Security must promote the right to work and employment of persons with disabilities with equal opportunities and equity, giving them certainty in their personal, social and job-related development.
243.The National Programme for the Advancement and Inclusion of Persons with Disabilities sets forth one objective and seven strategies for promoting the design and implementation of programmes and actions to improve the access of persons with disabilities to jobs.
244.The National Work and Employment Programme for Persons with Disabilities, which was put in place under the General Act on Inclusion of Persons with Disabilities, is aimed at promoting access to decent work and ensuring mobility and stability through:
(a)Reconciling regulations, public policy and institutional programmes;
(b)Hiring based on job skills and competencies;
(c)Education and training for the job;
(d)Favourable workplace environment;
(e)Cooperation with international organizations for research and access to scientific and technical knowledge about disability.
245.The Programme is implemented through three strategies:
(1)Strengthening inter-agency efforts: creating state job placement networks in coordination with public, private and social institutions on behalf of persons with disabilities
(2)Promotion and dissemination of information on equity and inclusion in employment through print, alternative and mass media targeting persons with disabilities, institutions that work with them, the business sector and the general public
(3)Raising awareness and training employers, human resources personnel and civil servants, informing them about the specific needs of persons with disabilities and the importance of providing non-discriminatory environments and equal opportunities.
246.Job placement programmes for persons with disabilities have an earmarked budget of 43.7 million pesos to promote comprehensive development through training, rehabilitation and the supply of orthoses, prostheses and assistive devices, thus contributing to inclusion in education, employment and society.
247.Periodic evaluations are conducted of the labour market inclusion policy and the outcome of its dissemination, promoting the rights of persons with disabilities within an organizational and functional structure. Since 2010, the two occupational retraining and return-to-work modules have provided medical care for workers with disabilities caused by a general disease or an occupational disease or injury. A multidisciplinary, timely and comprehensive assessment is made of insured persons, and steps are taken to enable them to return to their jobs and/or find and keep a job that is suited to their real abilities.
248.To protect women with disabilities from workplace discrimination, Regulation No. NMX-R-025-SCFI-2015 entered into force on 18 December 2015. This regulation lays down requirements for workplaces to establish and implement, in the context of their human resources and management policies, practices on equality and non-discrimination that will be conducive to the comprehensive development of all workers. As of 8 August 2017, there were 211 certified workplaces.
249.The regulation calls for the establishment of a policy on labour equality and non-discrimination that is in line with the Federal Act on the Prevention and Elimination of Discrimination. The policy must explicitly prohibit abuse, violence and segregation by workplace authorities or staff in regard to disability, sex and gender, among other aspects.
250.On the basis of that policy, organizations promote decent work for persons with disabilities by establishing criteria and procedures designed to encourage their recruitment, retention, training and job promotion in an inclusive and accessible environment that furthers their development. As a pro-equality measure, it recognizes workplaces in which at least 5 per cent of all employees have a disability. To encourage gender equity and non-discrimination, employers are called on to increase the recruitment of women or persons with disabilities, and areas are encouraged to seek equitable representation.
251.The Gilberto Rincón Gallardo Award to Inclusive Companies is granted to recognize and disseminate good labour practices in the workplace that are based on inclusive and equitable organizational policies designed to benefit workers who have a disability or who are in a vulnerable situation, and their families, promoting access, retention and development in the labour market. In 2016, 795 workplaces participated in the programme, and 536 were recognized, benefiting 6,308 persons (2,857 women and 3,451 men). In 2017, 552 workplaces were recognized.
252.The National Employment Service works to facilitate the employment of persons with disabilities by providing personalized job placement services, training and activities to facilitate self-employment. When necessary, an assessment is made of the skills and competencies of jobseekers with disabilities and older persons so as to develop an occupational profile to enable them to achieve better and more lasting integration into the labour market in jobs that fit their knowledge, skills, abilities and interests. The assessment gives employers certainty that candidates will be qualified to fill the vacancies offered.
253.The National Employment Service offers advice and support to companies in connection with the hiring of persons with disabilities and older persons and the development of job descriptions for vacancies, in keeping with their social responsibility, as they give job opportunities to these groups while at the same time benefiting from their talents and skills.
254.From January to June 2017, four job fairs were held for older persons and persons with disabilities. Fifty-five companies participated, offering 828 jobs for 1,201 jobseekers and hiring 222.
255.The National Labour Link Network is a joint effort of public, private and social institutions that promotes, disseminates and facilitates the inclusion of persons with disabilities in the workplace. From September 2016 to June 2017, the Network assisted 1,960 persons with disabilities (764 women and 1,150 men).
256.Tax and other incentives have been put in place to facilitate the recruitment of persons with disabilities, as follows:
•Federal income tax and revenue laws:
•100 per cent deduction of investments in adaptations in the workplace to facilitate access to and use of facilities
•100 per cent employer deduction of income tax withheld and paid for workers who suffer from motor disabilities requiring the permanent use of prostheses, crutches or wheelchairs, or those with mental, hearing or speech disabilities impairing 80 per cent or more of their normal capacity, or persons who are blind
•Employer deduction of 25 per cent of wages actually paid to persons with disabilities whom they hire
•Income tax deduction for in-kind or non-remunerative donations to non-profit institutions authorized to receive donations for services to persons with disabilities
•Personal deduction from income tax for expenses for medical, dental or nursing fees for analysis, clinical studies or prostheses, hospital expenses, or purchase or rental of devices for the establishment or rehabilitation of patients as a result of disabilities in cases of temporary, permanent, partial or total disability
•Exemption from income tax on income from retirement, pensions, military pensions, cessation of employment at an advanced age or in old age, and disability benefits paid in a daily amount not exceeding 15 Unidades de Medida y Actualización (indexed base amounts)
•Exemption from import duty on special or adapted vehicles and other goods imported by persons with disabilities, as well as tax-exempt corporations authorized to receive tax-deductible donations to provide services to persons with disabilities; persons with disabilities may import one vehicle every four years, and tax-exempt corporations may import three vehicles every four years.
257.Trade union rights of persons with disabilities are protected by the Federal Labour Act, which was amended in 2012 to eliminate all types of discrimination in employment. The Act stipulates that employers must allow workers who have suffered an occupational disease or injury to keep their jobs if they are able to perform the work, and if they are not able to resume the job but are able to perform a different one, the employer must offer it to them. Labour provisions regarding unjustified firing are the same for all workers.
258.The Programme on Development of the Social Economy provides cash and in-kind support to social groups with incomes below the economic well-being line. Between 2012 and 2016, the Programme provided support totalling 59,216,363.89 pesos for 372 production projects of agencies in the social sector of the economy all or most of whose members were persons with disabilities.
259.Persons with disabilities who work in the informal sector of the economy may enrol in the People’s Health Insurance Scheme to receive health services, including doctor’s visits, surgery and in-hospital care, as well as medication and laboratory and imaging tests.
260.The Federal Civil Servants Registry System shows that there are 5,176 persons with disabilities (2,255 with physical disabilities, 2,566 with sensory disabilities, 297 with mental disabilities and 58 with intellectual disabilities) who have registered voluntarily.
261.Mexico applies one of the most stringent and comprehensive measurements of multidimensional poverty, in which seven components are assessed: food; access to health; education; social security; housing quality and size; basic services; and income. In its report on the evolution of poverty in 2016, the National Council on the Evaluation of Social Development Policy points out that the number of persons with disabilities who live in poverty declined from 54.1 per cent to 49.4 per cent between 2014 and 2016.
262.The National Inclusion Strategy brings together the efforts and resources of the three levels of government, civil society, private initiatives, educational institutions and the general public, with the primary goal of guaranteeing the fundamental social rights, i.e., education, health, social security, quality housing, basic services and food.
263.The 65 y más (65 and Over) programme provides non-contributory pensions for almost six million older persons to cover their basic expenses. In 2017, approximately half a million older persons fulfilled the requirements for primary or secondary education certificates.
264.In 2016, to support affordable housing, 6,437 subsidies were granted to households of persons with disabilities (2,573 by the National Housing Commission, 3,475 by the Housing Fund of the Institute of Social Security and Services for State Employees and 389 by the National Institute of the Workers Housing Fund).
265.The federal budget includes a yearly allocation for social programmes. The Rules of Operation for the Budget take into account the disability perspective and provide for identifying the population that is entitled to receive support, determining what specific support should be offered and what requirements must be met to obtain it. The Rules of Operation also specify how to further the development of individuals and communities and ensure that public resources are properly implemented.
266.In 2017, the subject of the rights of persons with disabilities was included in the interpreter certification tests that were held in August for indigenous women members of the Indigenous Women’s Centres, with the participation of 34 candidates. Services were provided to 594,231 persons with disabilities in rural areas (214,558 by Social Milk Supply; 366,951 by the PROSPERA Social Inclusion Programme and 12,722 through the Community Canteen Programme).
267.The Constitution states that Mexican citizens, without distinction, may vote and stand for office for popularly elected positions if they meet the requirements established by law. Article 4 of the General Act on Inclusion of Persons with Disabilities provides that all persons with disabilities enjoy the rights set forth in Mexican legislation, without distinction.
268.Article 255 of the General Act on Electoral Institutions and Procedures lays down requirements that must be met for the location of polling stations, stressing that they must be freely accessible to voters. During each federal election, the local and district boards meet with authorities to request support for setting up ramps, signage and lighting accommodations. Ramps are built according to the criteria set forth in Regulation No. NOM-030-SSA3-2013.
269.The electoral authorities have instructed local and district executive boards to ensure that every three years they improve the measures taken to provide, insofar as possible, the necessary facilities for persons with disabilities to have access to and vote at polling stations, and to determine the location of polling stations.
270.On 10 May 2017, the General Council of the National Electoral Institute adopted Decision No. INE/CG161/2017, issuing the protocol for the inclusion of persons with disabilities as officials at polling stations, thus establishing the right of persons with disabilities to serve as polling officers.
271.The decision lays down criteria to be applied in developing teaching materials to encourage persons with disabilities to participate and to select accessible locations for polling places, as well as to enable persons with disabilities to be accompanied by a polling assistant, a polling station staff member or a trusted person.
272.In addition, volume II of the Manual de la persona capacitadora asistente electoral (Manual for poll worker training assistants) includes three forms: (a) report on participation of persons with disabilities during the first stage, (b) report on participation of persons with disabilities during the second stage, (c) information on poll workers during the election.
273.The Supreme Court, in considering application for constitutional review No. 38/2014 and others, ruled that it was unconstitutional to restrict the right to vote of persons with intellectual and psychosocial disabilities, including those under guardianship, and all references to preventing the access to polling places of “persons deprived of their mental faculties” were eliminated from the 2015 Manual del funcionario de casilla (poll worker’s manual).
274.With regard to the full enjoyment by persons with disabilities of their political and electoral rights, the following should be noted:
•Credentials are provided for persons who are physically unable to go to the offices of the Federal Elections Register.
•Service centres of the National Electoral Institute are accessible. Since 2013, staff have been receiving sensitivity training to supplement physical accessibility and services to persons with disabilities or special requirements who come to update or request their credentials.
•Polling officers are appointed, and facilities for voters who cannot read or who are visually impaired are specified:
•Assistance by a trusted person
•Voters who use crutches, canes or walkers may ask to be accompanied by another person
•Voters in wheelchairs or of small stature may use the special partition on the table in the polling station
•Persons with visual disabilities who are accompanied by a guide dog may move freely inside the polling place
•Templates in Braille are available for persons with visual disabilities
•A special partition is set up for voters with motor disabilities or who are of small stature to cast their vote in secret; it can also be used by persons with visual impairment.
•Ballot boxes are designed to facilitate voting by visually impaired persons.
•Ballot boxes are set up on a base to enable persons in wheelchairs or using canes or crutches to deposit their ballots.
•Fact sheets are available with design and content that are easily accessible to persons with visual or mental disabilities. Information is presented in non-technical language and printed in Braille.
•Audio and magnifier features may be found at http://www.ine.mx/portal.
275.The National Programme for the Advancement and Inclusion of Persons with Disabilities aims to enable persons with disabilities to participate in inclusive and special education, culture, sports and tourism through two strategies: promoting the inclusion of persons with disabilities in community life through the arts and culture, and ensuring the right of persons with disabilities to enjoy the arts and to develop their own capacities in that field, as well as through 10 lines of action.
276.On 29 July 2015, Mexico deposited the instrument of ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. Article 148 of the Federal Copyright Act was amended to allow for implementation of the Treaty.
277.To benefit persons with visual disabilities, comprehensive service centres for persons who are blind or visually impaired were set up in Tabasco and Oaxaca, and on 6 December 2017, an agreement was signed for the establishment of comprehensive centres in Jalisco, Baja California Sur, Sinaloa and Mexico State.
278.The Committee on Competency-based Management for Inclusion of Persons with Disabilities was set up to play a key role in the creation of employment alternatives. It also serves as a certification agency, as in the case of sign language interpreters.
279.In the area of sports, the Adaptive Sports Programme has a monthly budget of 1.12 million pesos and benefits 140 adaptive sports specialists who mentor 1,875 sportspersons with disabilities throughout the country.
280.The Fund for High Performance Sport enables Paralympic athletes to develop their skills and achieve excellent competitive performance levels. Mexican Paralympic athletes receive direct support from specialists (sports technicians and medical specialists), a place in selective national and international events, and equipment and outfits for competition. From 2014 to the present, a total of 54,328,168.95 pesos has been invested in athletes participating in adaptive sports.
281.To promote the development of adaptive sport, national Paralympics are held every year with the participation of 2,025 athletes with disabilities under 18 years old from the five adaptive sports federations.
282.From January 2016 to the present, 11,245 athletes with disabilities have joined one of the five national federations: 3,200 have joined the Mexican Federation of Wheelchair Sport; 1,722, the Mexican Federation of Athletes with Cerebral Palsy; 3,915, the Mexican Federation of Special Athletes; 908, the Mexican Federation of Deaf Sports; and 1,500, the Mexican Federation of Sports for the Blind and Visually Impaired.
283.In 2017, agreements were signed with four of the five federations to provide support for the development of sports among persons with disabilities and the preparation of the preliminary and final selection of national teams, including preparation events, training camps, technical visits, key events, remuneration of technical staff and sports facilities with universal accessibility.
284.Through inclusive education, improvements are being made in leisure and recreation areas and in spaces for the development of and access to culture, sports and tourism, improving the quality of life of persons with disabilities.
285.Inclusive cultural activities include:
•Film series adapted for persons with visual disabilities and hearing impairments
•Dancing with wheelchairs, crutches or floor work, applying the DanceAbility International technique
•Workshop on expression and stage movement at the Library of Mexico for visually impaired persons, providing them with basic tools to develop physical and sensory expression through play exercises
•The SensibilizArte programme, which promotes artistic development and coordinates guided tours and workshops for persons with disabilities
•Cultural activities in Mexico City through accessible communication platforms provided by the network of museums and cultural sites for persons with disabilities
286.To encourage the participation of persons with disabilities in cultural activities, improvements are being made in physical access to cultural spaces, the network of archaeological sites open to the public and the accessible museums programme.
Persons with disabilities in the network of museums
287.The following actions are taken to promote culture among persons with hearing disabilities:
•Persons with hearing disabilities are exempt from admission fees at museums
•Sign language is used on guided tours
•A seminar on “Inclusive education in museums: Persons with disabilities” is held for staff
•There is a network of museums to serve persons with disabilities
•There is a Mexican Sign Language room at Vasconcelos Library which offers reading in sign language, information search and retrieval and a variety of electronic resources
288.Mexico has an accessible tourism infrastructure thanks to the criteria of accessibility and inclusion followed by the National Tourism Certification System. An award for inclusive tourism is granted to tourism providers that offer accessible services to persons with disabilities, inter alia by providing accessible tourism infrastructure and quality programmes that follow criteria of inclusion and accessibility.
289.A model of comprehensive and regional tourism development with accessibility criteria is promoted through the Guía de Recomendaciones de Diseño Universal para el Sector Turismo (Guidebook on Universal Design Recommendations for the Tourism Sector), which was updated in 2016.
290.A Working Group on Disability set up by the Specialized Sectoral Technical Committee on Health, and the Specialized Technical Committee for Information on Disability developed an administrative tool for the National Register of Persons with Disabilities to be used for statistical purposes. The idea is to identify persons with disabilities, their places of residence, their main sociodemographic characteristics, the technical aids they require and the support they receive for education and work. The final version of the tool and the user manual have been completed, training exercises are being prepared, and an electronic tool is under development for implementation in Mexico City in March 2018.
290.The Working Group’s questions have been added to the administrative records on social development and the health sector. Nearly three million persons with disabilities have been identified for inclusion in the compendium of information on disability in the Comprehensive Social Information System.
291.Since 2014, four national surveys have been undertaken, including on the issue of disability: the National Survey of Household Income and Expenditure 2014 and 2016, which shows an estimate of households living in poverty, including persons with disabilities; the National Household Survey 2014 and 2015, with questions on the health of individuals, including the use of technical aids; the National Survey of Children and Women 2015, which identifies disabilities among children; and the National Survey of Population Dynamics 2014, which identifies disabilities and serves as a reference for information on disability statistics.
292.The information on disability that has been generated is available in basic tables, databases and dynamic cubes, enabling users to access and analyse the facts that are of interest to them; a chat feature is available to provide user support and facilitate information searches. A microdata laboratory with a personalized help feature is available in Mexico City.
293.Civil society organizations are represented on the Specialized Technical Committee for Information on Disability and take part in the working groups on education and information, on disability and in group 1, on indicators and statistical data for follow-up on the Convention.
294.Mexico participated in the eight negotiating sessions on the 2030 Agenda and contributed to its four components. In order to decide on how to proceed, with the participation of the three levels of government, civil society organizations, the private sector and international agencies, the National Council for the 2030 Agenda for Sustainable Development and the Specialized Technical Committee on the Sustainable Development Goals were set up to further their implementation.
295.Based on the National Development Plan, the social programmes of the Federal Government were mapped in relation to the 2030 Goals with which each programme indicator was aligned, highlighting similarities and relevant points, and monitoring achievement of the Sustainable Development Goals.
296.A memorandum of understanding was signed as a mechanism for bilateral discussion and technical cooperation with a view to carrying out projects and actions to consolidate a culture of inclusion of persons with disabilities.
297.Mexico is a member and First Vice-Chair of the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities of the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities (OAS). In that capacity, it is involved in drafting the programme of action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities 2016–2026, the Bank of Good Practices for the elimination of discrimination against persons with disabilities and the creation of an observatory, which is a virtual platform that presents, grouped by subject, the public policies, programmes, legislation and good practices that are being implemented.
298.The project on a model for services and inclusive care for children and adolescents with disabilities was implemented in the context of the Day-Care Programme for Working Mothers, and day-care staff were trained on dignified treatment of persons with disabilities.
299.Activities to promote physical accessibility were carried out in the day-care centres. The project also involved the development of a Libreta viajera (Travel booklet) to create mechanisms for monitoring child development in the day-care centre, in the home and by outside specialists; a Fichero de actividades (Record of activities) as a tool providing a compendium of inclusive educational games for day-care centres; and a Modelo de cuidado y atención inclusiva para NNAcD (Model of inclusive care and services for children and adolescents with disabilities). The project reaches a population of 17,000 children and adolescents, their families and their caregivers.
300.On 3 December 2015, the National Commission on Human Rights was set up as a national monitoring mechanism under the Convention. On 17 June 2016, a general cooperation agreement was signed with the 31 public human rights bodies to create and implement the national independent monitoring mechanism. The federal budget for 2016 included an allocation of 13,203,249 pesos for the mechanism. In the case of Coahuila, Jalisco and Mexico City, the mechanism was designed and set up independently. At present, 15 monitoring mechanisms have been set up.
301.On 12 June 2017, the Regulations to the Act on the National Commission on Human Rights were amended to include articles on the structure of the mechanism and establish a General Council and a Governing Commission. The members of the Governing Commission were elected in April 2017.