Committee on the Rights of the Child

Concluding observations on the combined fourth and fifth periodic reports of Mexico *

I.Introduction

1.The Committee considered the combined fourth and fifth periodic reports of Mexico (CRC/C/MEX/4–5) at its 1988th and 1990thmeetings (see CRC/C/SR.1988 and 1990), held on 19 and 20 May 2015, and adopted the following concluding observations at its 2024thmeeting (see CRC/C/SR.2024), held on 5 June 2015.

2.The Committee welcomes the submission of the State partyʼs combined fourth and fifth periodic reports, and the written replies to the list of issues (CRC/C/MEX/Q/4–5/Add.1), which allowed for a better understanding of the situation of children’s rights in the State party. The Committee expresses appreciation for the constructive dialogue held with the high-level and multisectoral delegation of the State party.

II.Follow-up measures undertaken and progress achieved bythe State party

3.The Committee welcomesthe ratification of or accession to the following:

(a)International Convention for the Protection of All Persons from Enforced Disappearance, in 2008;

(b)Convention on the Rights of Persons with Disabilities, and its Optional Protocol, in 2007;

(c)Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, in 2007.

4.The Committee notes with appreciation the adoption of the following legislativemeasures:

(a)General Act on the Rights of Children and Adolescents, in 2014;

(b)Reform of the Federal Act on Prevention and Elimination of Discrimination, including specific provisions on children, in 2014;

(c)Constitutional reform on education recognizing the right to an education of quality, in 2013.

5.The Committee also welcomes the following institutional and policy measures:

(a)National Strategy to Prevent Adolescent Pregnancies, in 2015;

(b)National Human Rights Programme 2014–2018;

(c)National Programme for the Advancement and Inclusion of Persons with Disabilities 2014–2018;

(d)National Development Plan 2013–2018.

III.Main areas of concern and recommendations

A.General measures of implementation (arts. 4, 42 and 44 (6) of the Convention)

Committee’s previous recommendations

6. The Committee recommends that the State party take the measures necessary to address its previous recommendations (CRC/C/MEX/CO/3) that have not been implemented or have not been sufficiently implemented, and particularly those relating to independent monitoring, data collection and training, and dissemination of the Convention.

Legislation

7.While welcoming the adoption of the General Act on the Rights of Children and Adolescents, the Committee is concerned about its effective and timely implementation at the federal, state and municipal levels. It is particularly concerned that the implementing regulation of the General Act has not yet been adopted, that many federal laws related to children have still to be harmonized with the General Act and that many states have not yet adopted legislation on children’s rights as required by the General Act.

8. The Committee recommends that the State par ty ensure the effective implementation of the General Act on the Rights of Children and Adolescents , at the federal, state and municipal level s , including by expeditiously:

(a) Adopting the implementing regulation of the General Act in consultation with civil society and children ;

(b) Ensuring that all states adopt the legislation on children ’ s rights required under the General Act ;

(c) Ensuring that all laws at the federal and state levels are brought in to conformity with the Convention and the General Act .

Comprehensive policy and strategy

9.While noting that, according to the General Act on the Rights of Children and Adolescents, the National Programme for the Protection of Children and Adolescents has to be adopted by the end of 2015, the Committee is concerned about its timely adoption and effective implementation, especially in view of the weak implementation of the Programme of Action 2002–2010, entitled “A Mexico fit for children”. It is also concerned about the timely adoption of local programmes at the state and municipal levels. The Committee notes that the National Council for the Evaluation of Social Development Policies has been charged with evaluating children’s rights-related policies at the federal level. However, it is concerned about the lack of information on which mechanisms will be established to monitor and evaluate children’s rights-related policies at the state and municipal levels.

10. The Committee recommends that the State party:

(a) Ensure that the National Program me for the Protection of Children and Adolescents and l ocal p rogrammes at the state and municipal level s are adopted in a timely manner , cover all areas of the Convention and its Optional Protocols, include a gender perspective and are provided with sufficient human, technical and financial resources for their effective implementation. The views of children, civil society and relevant international organizations should be duly considered;

(b) Adopt measures to ensure that state and municipal entities appoint an appropriate monitoring and evaluation mechanism to evaluate children ’ s rights - related policies.

Coordination

11.The Committee welcomes the national system of comprehensive protection, to be chaired by the President of the State party, set out in the General Act on the Rights of Children and Adolescents. However, it is concerned about such a system at the federal, state and municipal levels being established in time so as to address the multiple concerns related to the fact that currently there is no mechanism to coordinate the implementation of the Convention and its Optional Protocols.

12. The Committee urges the St ate party to expeditiously establish the n ational s ystem of c omprehensive p rotection and ensure that it is provided with the human, technical and financial resources necessary for its effective functioning at the federal, state and municipal levels. In particular, the Committee recommends that the State party expeditiously:

(a) Establish the executive secretariats at the federal, state and municipal levels;

(b) Establish the f ederal and s tate p rotection o ffices and ensure that these function in accordance with the General Act on the Rights of Children and Adolescents .

Allocation of resources

13. The Committee notes that the resources allocated to children have increased during the period under review and that there is increased clarity as to how resources are spent for children. It is, nevertheless, concerned about:

(a)The fact that an analysis of the budget costs has not yet been included in the General Act on the Rights of Children and Adolescents;

(b)The insufficient resources allocated to children’s rights, in particular to child protection and participation, and the insufficient transparency regarding the allocation of funds transferred from the federal level to the state and municipal levels;

(c)The fact that federal and municipal budgets have not adequately outlined projected expenditure for children;

(d)The fact that, although there is a high level of perception of corruption in the State party, no records have been kept related to cases of mismanagement of funds allocated to children’s rights.

14. In the light of its day of general discussion in 2007 entitled “Resources for the rights of the child : responsibility of States”, the Committee recommends that the State party:

(a) Undertake an assessment of the budget needed to implement the General Act on the Rights of Children and Adolescents and ensure that adequate human, financial and technical resources are allocated for its effective implementation;

(b) Strengthen its efforts to undertake comprehensive assessments of the budget needs of children and allocate adequate budgetary resources for the implementation of children’s rights and, in particular, increase the budget allocated to education, health, child protection and participation;

(c) Continue utilizing a child-rights approach when preparing the federal budget, including the budget transferred to states and municipalities, ensure that the stat e and municipal budgets outline projected expenditure on children , and improve the system for tracking the allocation and use of resources for children throughout the budget;

(d) Carry out impact assessments of how the best interests of the child are taken into consideration in investments or budget cuts in any sector and ensure that the effects of such investment or budget cuts on girls and boys are measured;

(e) Strengthen measures to combat corruption, including with regard to the institutional capacit y to detect, investigate and prosecute corruption effectively.

B.General principles (arts. 2–3, 6 and 12 of the Convention)

Non-discrimination

15.While taking note of the National Programme for Equality and Non-Discrimination (2014–2018), the Committee is concerned about the prevalence of discrimination against indigenous, Afro-Mexican and migrant children, children with disabilities, lesbian, gay, bisexual, transgender and intersex children, children in street situations and children living in poverty and in rural areas.

16. The Committee recommends that the State party:

(a) Adopt a road map that includes adequate resources, a timeline and measurable targets requiring authorities at the federal, state and local levels to take measures, including affirmative measures, to prevent and eliminate all forms of de facto discrimination against indigenous, Afro-Mexican and migrant children, children with disabilities, lesbian, gay, bisexual, transgender and intersex children, children in street situations and children living in poverty and in rural areas;

(b) Ensure that the authorities, civil servants, the media, teachers, children and the general public are sensitized to the negative impact of stereotypes on children’s rights and take all necessary measures to prevent these negative stereotypes , notably by encouraging the media to adopt codes of conduct;

(c) Facilitate child-friendly complaint mechanisms in educational establishments, health centres, juvenile detention centres, alternative-care institutions and any other setting and ensure that perpetrators of discrimination are adequately sanctioned.

17.The Committee expresses deep concern about the persistent patriarchalattitudesandgenderstereotypesthatdiscriminate againstgirlsandwomen, resulting in an extremelyhighprevalenceofviolenceagainst women and girls in the State party.

18. The Committee urges the State party to accord the utmost priority to the elimination of patriarchal attitudes and gender stereotypes that discriminate against girls and women, including through educational and awareness-raising programmes.

Best interests of the child

19.While noting the constitutional recognition of the right of the child to have his or her best interests taken into account as a primary consideration, the Committee is concerned at reports that this right has not been consistently applied in practice.

20. In the light of its general comment No .  14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee recommends that the State party strengthen its efforts to ensure that this right is appropriately integrated and consistently applied in all legislative, administrative and judicial proceedings and decisions as well as in all policies, programmes and projects that are relevant to and have an impact on children. In this regard, the State party is encouraged to develop procedures and criteria to provide guidance to all relevant persons in authority for determining the best interests of the child in every area and for giving them due weight as a primary consideration.

Right to life, survival and development

21.The Committee is seriously concerned that the situation of armed violence, drug trafficking and the fight against organized crime has resulted in the killing of numerous children, including in cases of extrajudicial killings, such as the Tlatlaya case, and continue to threaten the right to life, survival and development of many children. It is also concerned about:

(a)The high number of disappearances of children, especially girls from 10 years of age;

(b)The fact that the State party has not yet ensured effective access to justice for the families of some child victims of accidents or violence, such as the child victims of a fire in a kindergarten in the State of Sonora or José Luis Tlehuatle, a boy from La Puebla;

(c)Reports of a very high number of feminicides of women and girls, the lack of official disaggregated data and the prevalent impunity in this regard.

22. The Committee urges the State party to:

(a) Expeditiously adopt the general law on enforced disappearances and ensure that enforced disappearance is criminalized at the federal and state level s in accordance with the International Convention for the Protection of All Persons from Enforced Disappearance. The law should include specific measures to address the disappearance of children, particularly girls;

(b) Take urgent measures to prevent the violent deaths, killings and disappearances of children and their parents, including by addressing the root causes of those violent acts, such as armed violence, organized crime, drug trafficking, gender inequality , poverty and marginalization;

(c) Ensure that child-friendly mechanisms to investigate allegations of violent deaths, killings and disappearances are available, that such acts are expeditiously and thoroughly investigated, that the alleged perpetrators are brought to justice, including when the alleged perpetrator is a public official, such as in the Tlatlaya case, and that the families of child victims are provided with psychosocial support and adequately compensated;

(d) Simplify and harmonize at the state level the existing procedures to activate the “a mber a lert ” with a view to launching the search of disappeared children and their parents without delay;

(e) As recommended by the Committee on the Elimination of Discrimination against Women ( see CEDAW/C/MEX/CO/7-8, para.  19 (a)), ensure that feminicide is criminalized in all state penal codes, on the basis of objective elements that allow its proper qualification in accordance with international standards , and standardize the police investigation protocols for feminicide across the country. The State party should also ensure the effective enforcement of the provisions criminalizing feminicide in the federal and state penal codes;

(f) Collect disaggregated data on killings, including feminicides , and the disappearance of children, as well as on the mothers and fathers who have been killed or made to disappear and the number of children they have left behind.

23.The Committee is also concerned about the high number of children killed in traffic accidents.

24. The Committee recommends that the State party adopt further measures to prevent traffic accidents, continue raising awareness on accident prevention and devise and implement adequate sanctions, in particular for those driving under the influence of alcohol or other drugs.

Respect for the views of the child

25.While noting the initiatives taken to foster child participation, such as the annual organization of the “parliament of the girls and boys of Mexico”, the Committee regrets the lack of permanent forums aimed at promoting child participation. It is also concerned at reports that children’s opinions are not consistently heard in judicial and administrative proceedings.

26. In the light of its general comment No.  12 (2009) on the right of the child to be heard, the Committee recommends that the State party:

(a) In line with article s 72 and 125.III of the General Act on the Rights of Children and Adolescents , ensure that permanent child participation for ums are established at the federal, state and municipal level s and closely monitor their impact on the development and implementation of relevant laws and policies ;

(b) Effectively implement legislation recognizing the right of the child to be heard in relevant judicial and administrative proceedings, including by monitoring the implementation of the p rotocol for the a dministration of j ustice in c ases i nvolving c hildren.

C.Civil rights and freedoms (arts.7–8 and 13–17)

Birth registration

27.While welcoming the constitutional reform of 2014 recognizing the right to birth registration, the Committee is concerned that the number of indigenous, Afro-Mexican and migrant children and children living in remote areas who are registered at birth remains low.

28. The Committee recommends that the State party strengthen efforts to ensure universal birth registration, including by undertaking the necessary legal reforms and adopting the required procedures at the state and municipal levels. Registry o ffices or mobile units should be available in all maternity units, in the main points of transit or destination of migrants and in communities where children are born with traditional birth attendants.

D.Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)

Violence in the context of organized crime

29.The Committee is deeply concerned about the lack of criminalization of the recruitment of children by armed groups such as organized crime groups. It is also concerned about the insufficient measures taken to prevent the continuous recruitment of children by armed groups and protect and provide psychosocial support for child victims.

30. The Committee recommends that the State party:

(a) Explicitly criminalize the recruitment of children by armed groups , such as organized crime groups;

(b) Ensure that no child is recruited by armed groups, inter alia , by identifying and monitoring the various armed groups in the country, including organized crime groups;

(c) Ensure access to justice and compensation for children who have been recruited illegally;

(d)Review the strategy against organized crime with a view to ensuring that children are protected from violence , and effectively implement the joint protocol for the protection of the rights of children during federal operations against organized crime groups by military, security, justice and social welfare bodies.

Freedom of children from all forms of violence

31.While welcoming the provisions of the General Act on the Rights of Children and Adolescents on the adoption of legislation and policy, at the federal and state levels, to prevent, address and sanction violence against children, the Committee is concerned about the effective implementation of those provisions and that extensive impunity prevails for violence against children. It is particularly concerned about:

(a)The prevalence of torture and other cruel or degrading treatment or punishment of children, particularly migrant children, children in street situations and children in police custody and other forms of detention;

(b)The high incidence of corporal punishment against children, domestic violence and gender-based violence and the lack of access to justice for child victims;

(c)The increasing violence, including sexual violence, and bullying in schools, and the high rate of adolescents suffering from abuse through the Internet;

(d)The physical and mental well-being of children involved in training for bullfighting, and performances associated with it, as well as the mental and emotional well-being of child spectators who are exposed to the violence of bullfighting.

32. In the light of its general comments No.  8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and No.  13 (2011) on the right of the child to freedom from all forms of violence, the Committee urges the State party to adopt, at the federal and state level s , comprehensive laws and policies to prevent and sanction all forms of violence and protect and assist child victim s . The State party should also:

(a) Harmonize the definition of the crime of torture in all states, in accordance with international standards, and ensure that the protocols related to the investigation and prosecution of cases of torture include a child - rights perspective;

(b) Ensure that corporal punishment in all settings is explicitly prohibited at the federal and state level s and that the “right to correct” is repealed from the federal and state civil codes. The State party should also raise awareness of positive, non-violent and participatory forms of child-rearing;

(c) Effectively implement the General Act on Women’s Access to a Life Free of Violence, including by executing entirely the National Programme to Prevent, Treat, Punish and Eradicate Violence against Women, in accordance with the recommendation of the Committee on the Elimination of Discrimination against Women ( see CEDAW/C/MEX/CO/7-8, para.  16 (a));

(d) Ensure that child victim s are given access to justice, including by establishing the planned specialized services within the Attorney General ’ s Office, facilitating child-friendly and confidential complaint s mechanisms in institutions, schools, detention centres, hospitals and other relevant settings, providing legal support, prosecuting the alleged perpetrator and rehabilitating and compensating child victims;

(e) Conduct a study on the scope of violence against children through the I nternet and strengthen its efforts to prevent and address the phenomenon , targeting children in and out of school;

(f) Develop programmes for play, leisure, recreation, culture, arts and sports, as well as infrastructure and safe public spaces , to counteract the negative effects of violence, to teach non-violent communication skills and ensure children’s adequate development;

(g) Adopt measures to enforce the prohibition regarding the participation of children in training for bullfighting and associated performances as a worst form of child labour , take measures to protect children in their capacity as spectators and raise awareness of the physical and mental violence associated with bullfighting and its impact on children .

Sexual exploitation and abuse

33.While noting the adoption of a protocol to assist child victims of sexual abuse, the Committee is concerned about the high prevalence of sexual violence against children, in particular girls. The Committee is seriously concerned that perpetrators of rape can escape punishment if they marry the victim. It is also concerned that the current proposal to reform the Federal Penal Code with regard to the statute of limitation for crimes of sexual abuse against children does not adequately protect the rights of children . It is also concerned that insufficient efforts are being made to identify, protect and rehabilitate child victims and about the increasing number of cases of sexual violence in education centres.

34. The Committee urges the State party to:

(a) Review legislation at the federal and state level s to ensure that rape is criminalized in line with international standards and remove all legal provisions that can be used to excuse perpetrators of child sexual abuse;

(b) Ensure that the reform of the Federal Penal Code provides for no statute of limitation regarding both the sanctions and the criminal action in relation to crimes of sexual abuse against children, and that sanctions cover both the perpetrators and the abettors. Similar provisions should be adopted in all state penal codes;

(c) Establish mechanisms, procedures and guidelines to make it mandatory to report cases of child sexual abuse and exploitation and ensure the availability of child-friendly complain ts mechanisms, in particular in schools;

(d) Prevent, investigate and prosecute all cases of sexual abuse of children and adequately punish those convicted;

(e) Provide training for judges, lawyers, prosecutors, the police and other relevant persons on how to deal with child victims of sexual violence and on how gender stereotyping by the judiciary affects girls’ right to a fair trial in cases of sexual violence, and closely monitor trials in which children are involved;

(f) Effectively implement the p rotocol to assist child victims of sexual abuse and ensure quality services and resources to protect them, provide them with physical and psychological recovery and social reintegration and compensate them;

(g)Raise awareness to prevent child sexual abuse, inform the general public that such abuse is a crime and address victim stigmatization, particularly when the alleged perpetrators are relatives.

35.The Committee is deeply concerned about corroborated reports that hundreds of children have been sexually abused for years by clerics of the Catholic Church and other religious institutions. The Committee is particularly concerned about the general impunity that perpetrators have enjoyed so far, as recognized by the State party’s delegation, about the low number of investigations and prosecutions and about the alleged complicity of State officials, as well as about the lack of complaints mechanisms, services and compensation available to children.

36. The Committee strongly urges the State party to:

(a) Immediately t ake measures to investigate and prosecute all members of the Roman Catholic clergy and other religious institutions who are involved in or accomplices of sexual abuse and exploitation of children, and ensure that those found guilty are given sanctions commensurate with the gravity of their crime;

(b) Provide child victims of sexual abuse with all the services necessary for their physical and psychological recovery and social reintegration, and adequately compensate them;

(c) Ensure that specific measures taken to prevent sexual abuse by clerics become part of all policies related to violence against children and that children are empowered to protect themselves from sexual abuse and are aware of the mechanism s they can refer to in case of such abuse;

(d) Take concrete measures to raise awareness o f this type of abuse in order to overcome social acceptance of these crimes and the taboos related to them ;

(e) Collect disaggregated data related to cases of sexual abuse against children involving the Roman Catholic clergy and provide detailed information in its next report on the convictions and sentences pronounced.

Harmful practices

37.While noting that, in accordance with article 45 of the General Act on the Rights of Children and Adolescents, federal and state laws should set the minimum age for marriage at 18 years for both boys and girls and that the Federal Civil Code has already been modified accordingly, the Committee is concerned about the effective implementation of this provision at the state level. It is also concerned about the high prevalence of child marriage and about reported cases of forced marriage, especially involving girls belonging to indigenous communities.

38.In the light of the joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices (2014), the Committee on the Rights of the Child recommends that the State party ensure the effective implementa tion of article  45 of the General Act on the Rights of Children and Adolescents by ensuring that the minimum age of marriage is set at 18 years of age for both girls and boys in the laws of all states. T he State party should also undertake comprehensive awareness-raising programmes on the negative consequences of child marriage on girls, targeting in particular parents, teachers and indigenous leaders.

E.Family environment and alternative care (arts. 5, 9–11, 18 (1–2), 20–21, 25 and 27 (4))

Children deprived of a family environment

39.The Committee welcomes the inclusion in the General Act on the Rights of Children and Adolescents of a prohibition on the separation of children from their families because of poverty and orders the establishment of federal and state protection offices to, among other things, protect children deprived of a family environment. It is concerned, nevertheless, that:

(a)There are insufficient policies to support families in fulfilling their parental responsibilities;

(b)The total number of children deprived of a family environment is unknown;

(c)Institutionalization continues to be prioritized over foster care;

(d)There is inadequate supervision of alternative care institutions, resulting in notorious cases of child abuse and neglect, such as in the institutions “Casitas del Sur” and “La Gran Familia” (Mama Rosa).

40. The Committee recommends that the State party take into account the Guidelines for the Alternative Care of Children (General Assembly resolution 64/142, annex) an d, in particular:

(a) Adopt further policies to support families in fulfilling their parental responsibilities in order to effectively ensure that children are not separated from their families because of poverty or for financial reasons;

(b) Adopt a strategy for the deinstitutionalization of children and e stablish a system of foster care for children in all states , giving preference to kinship care;

(c) Provide foster families and personnel working in institutions with training on children’s rights and the particular needs of children deprived of a family environment;

(d) Collect data on and periodic ally review the placement of children in foster care and institutions, and monitor the quality of the care, including by allocating adequate resources to the p rotection o ffices at the federal and state level s and creating the n ational r egister of alternative care institutions as provided in a rticle  112 of the General Act on the Rights of Children and Adolescents ;

(e) Investigate and prosecute alleged perpetrators of violence against children in alternative care institutions and compensate child victims of such violence .

Adoption

41.While noting that the General Act on the Rights of Children and Adolescents sets a framework for adoptions applicable at the federal and state levels, the Committee is concerned that this law does not explicitly prohibit the still prevalent practice of private adoptions, which entails a risk of improper financial and other gain, including a risk of children being sold for adoption.

42. The Committee recommends that the State party ensure that private adoptions are explicitly prohibited and sanctioned in the federal and state penal codes. It should also ensure the effective implementation of the p rovisions on adoption within the General Act on the Rights of Children and Adolescents at the federal and state level s , including by reforming legislation as needed and establishing a system to register disaggregated data on national and international adoptions.

Children in prison with their mothers

43.The Committee notes that children up to 6 years of age can remain with their mothers in prison and that the State party is currently reviewing the guidelines related to children living with their mothers so as to safeguard their rights. It is concerned, however, about those guidelines being adopted in a timely manner and about the insufficient alternatives to detention for mothers.

44. The Committee recommends that the State party consider all possible alternatives to detention for mothers. It should also complete the revision of and effectively implement the guidelines related to children living with their mothers in prison to ensure that their living conditions, including with regard to access to food, health, hygiene and education, are adequate for the child ren ’s physical, mental, moral and social development and that they are protected from violence.

F.Disability, basic health and welfare (arts. 6, 18 (3), 23–24, 26–27 (1–3) and 33)

Children with disabilities

45.The Committee welcomes the National Development Plan 2013–2018, which includes the achievement of quality inclusive education as a goal. It also welcomes the measures taken by the State party, notably on early childhood development and the early detection of disabilities. However, the Committee is concerned about:

(a)The many children with disabilities who still do not have free access to health and rehabilitation services, do not receive education and are victims of violence and exploitation;

(b)The high rate of child abandonment and the institutionalization of children with disabilities, as well as reports that these children suffer from violence and abuse and that girls with disabilities are submitted to forced sterilization;

(c)The limited access to justice for children with disabilities, especially girls with disabilities who are the victims of violence and abuse;

(d)The existence of a special education model that prevents the development of a fully inclusive education system accommodating the needs of all children, including those with disabilities,

(e)The lack of accessible schools, educational materials and trained teachers, which particularly affects children with disabilities belonging to indigenous communities and children living in rural and remote areas;

(f)A substantial part of the resources for support services for children with disabilities being administered by a private entity (Teletón), without proper supervision of projects, and the image of children with disabilities conveyed by that entity.

46. In the light of its general comment No.  9 (2006) on the rights of children with disabilities and in line with the recommendations of the Committee on the Rights of Persons with Disabilities (CRPD/C/MEX/CO/1), the Committee urges the State party to fully assume its primary responsibility to ensure the rights of all children with disabilities and apply a human rights-based approach to disability. The State party should:

(a) Ensure that all children with disabilities effectively enjoy their rights to health and rehabilitation services, attend school and are free from violence and exploitation. Specific measures should be adopted to address the particular challenges faced by indigenous children in these areas;

(b) Prevent abandonment of children with disabilities and their institutionalization;

(c) Adequately supervise institutions where children with disabilities reside and investigate and sanction cases of forced sterilization of girls;

(d) Ensure that all children with disabilities have access to justice and can express their opinion in the course of the determination of their best interests, through procedural accommodations appropriate to their age and specific disability-related needs, and provide legal aid to children with disabilities, particularly those living in poverty or in institutions;

(e) Step up efforts to establish an inclusive education system for all children at all levels, as mandated in the General Act on the Rights of Children and Adolescents , including by providing accessible schools and educational materials, trained teachers and transportation in all areas of the country ;

(f) Effectively supervise all resources and projects administered by private institutions in order to ensure that all children with disabilities benefit from these resources without discrimination, and ensure that children with disabilities are no longer portrayed as objects of charity but as rights holders, including by private entities;

(g) Establish a system for collecting disaggregated data on children with disabilities, including information on children living in institutions, children who are victims of violence and children enrolled in education/school.

Health and health services

47.The Committee notes the measures taken by the State party to reduce child and maternal mortality. However, it is concerned that:

(a)Access to health services is not equal for all children owing to the existence of various health systems providing services that differ in terms of coverage and quality. This situation results in a high percentage of children not having access to health-care services or having access only to poor quality health-care services;

(b)Child and maternal mortality rates among indigenous and rural populations remain higher than the average;

(c)Child chronic malnutrition is persistent, especially among indigenous and rural children;

(d)Exclusive breastfeeding is decreasing;

(e)The number of children who are overweight or obese is increasing.

48. The Committee draws the State party’s attention to its general comment No.  15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, and recommends that the State party:

(a) Ensure the availability and accessibility of quality health services for all children, in particular rural and indigenous children, including by allocating adequate resources;

(b) Strengthen its efforts to reduce maternal and child mortality, including by implementing the Office of the United Nations High Commissioner for Human Rights ( OHCHR ) t echnical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce and eliminate preventable mortality and morbidity of children under 5 years of age (A/HRC/27/31);

(c) Evaluate the initiatives taken to reduce the number of children who are maln ourished , overweight or obes e and , on the basis of the results , draft a national strategy on nutrition that also includes measures to ensure food security, in particular in rural and indigenous areas;

(d) Increase efforts to promote breastfeeding through educational campaigns and training to professionals, adequately implement the International Code of Marketing of Breast- m ilk Substitutes and the Child- f riendly Hospital I nitiative;

(e) Continue raising awareness at the national, federal and local level s on the negative health impacts of processed food and strengthen regulations to restrict advertising and marketing of junk, salty, sugary and fatty foods and their availability to children.

Adolescent health

49.The Committee notes the adoption in 2015 of the National Strategy to Prevent Adolescent Pregnancies. However, it is concerned about:

(a)The increasing rate of adolescent pregnancies from 12 years of age, often resulting from sexual violence;

(b)The high rate of maternal mortality among adolescents as a result of inadequate access to sexual and reproductive health services and information, as well as a low use of contraceptives;

(c)Restrictive laws on abortion in the majority of the states, forcing girls to resort to unsafe abortion at the risk of their health and life;

(d)The increased use of drugs by adolescents, as young as 12 years of age, mainly due to the climate of social violence;

(e)The high rate of suicides and depression among adolescents.

50.50. Referring to its general comments No.  4 (2003) on adolescent health and No.  15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, the Committee recommends that the State party:

(a) Effectively monitor the implementation of the National Strategy to Prevent Adolescent Pregnancies;

(b) Reduce adolescent maternal mortality by ensuring adequate and confidential sexual and reproductive health education and services, including access to contraceptives. The State party is encouraged to consider the OHCHR technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22);

(c) Review and harmonize the federal and state legislations with a view to decriminaliz ing abortion and ensur ing access to legal abortion at least in cases of rape, incest and danger to the life and health of the girl , and ensure that gaining access to legal abortion do es not require special authorization from a judge or prosecutor. The State party should ensure access to post-abortion care services, irrespective of whether abortion itself is legal. It should also guarantee the best interests of pregnant adolescents and ensure that the views of the child are always heard and respected in abortion decisions by medical personnel;

(d) Evaluate the consumption patterns of drugs by adolescents and strengthen the existing program me s aim ed at prevent ing drug use and assist ing children who use drugs. Those program me s should provide children, in particular in schools, with accurate and objective information as well as life skills education on preventing substance abuse — including tobacco and alcohol — and develop accessible and youth-friendly drug dependence treatment and harm reduction services;

(e) Adopt measures to provide quality access to mental health services with the aim of eliminating the prevalence of suicides and depression among adolescents.

Environmental health

51.The Committee is concerned that the State party has not taken sufficient measures to address air, water, soil and electromagnetic pollution, which have a grave impact on children and maternal health. The import and use of pesticides or chemicals banned or restricted for use in third countries, which particularly affect indigenous children in the State of Sonora, is also a reason of deep concern.

52. The Committee recommends that the State party:

(a) Assess the impact of air, water, soil and electromagnetic pollution on children and maternal health as a basis to design a well-resourced strategy at the federal, state and local levels, in consultation with all communities and especially indigenous p eoples, to remedy the situation and drastically decrease the exposure to pollutants;

(b) Prohibit the import and use of any pesticides or chemicals the use of which has been banned or restricted in exporting countries;

(c) Further examine and adapt its legislative framework to ensure the legal accountability of business enterprises involved in activities having a negative impact on the environment, in the light of its general comment No.  16 (2013) on State obligations regarding the impact of the business sector on children’s rights.

Standard of living

53.The Committee remains deeply concerned about the prevalence of child poverty, which affects more than half of the child population, a higher rate than affects the adult population. It is concerned that indigenous, Afro-Mexican, migrant and displaced children, children in single-parent households and children living in rural areas are particularly affected by poverty and extreme poverty.

54.The Committee recommends that the State party strengthen its efforts to eliminate child poverty by adopting a public policy developed in consultation with families, children and civil society organizations, including those from indigenous, Afro-Mexican, displaced, migrant and rural communities, and by allocating adequate resources for its implementation. Measures to promote early childhood development and further support families should be part of the policy.

G.Education, leisure and cultural activities (arts.28–31)

Education, including vocational training and guidance

55.The Committee notes the educational reform undertaken in 2013 aimed at ensuring quality education from preschool to senior high school. However, it is concerned about:

(a)Millions of children between 3 and 17 years of age who do not attend school;

(b)Persistent challenges for children in vulnerable situations in accessing quality education;

(c)High rates of school dropouts, particularly among students in secondary education, pregnant adolescents and adolescent mothers;

(d)The low coverage of early childhood education and the lack of public policies in this regard.

56. In the light of its general comment No.  1 (2001) on the aims of education, the Committee reiterates its recommendations ( see CRC/C/MEX/CO/3, para.  57 (a – e)) and recommends that the State party:

(a) Increase its efforts to improve the quality of education and its availability and accessibility to girls, indigenous, Afro-Mexican and displaced children, children in rural areas, children living in poverty, children in street situations, national and international migrant children and children with disabilities, by substantially increasing the education budget and reviewing relevant policies;

(b) Strengthen its efforts to ensure education in Spanish and in indigenous languages for indigenous children and ensure the availability of trained teachers;

(c) Strengthen mea sures to address school dropouts , taking into consideration the particular reasons why boys and girls drop out;

(d) Step up its efforts to e nsure that pregnant adolescents and adolescent mothers are supported and assisted in continuing their education in mainstream schools;

(e) Develop and expand early childhood education from birth, on the basis of a comprehensive and holistic policy of early childhood care and development.

H.Special protection measures (arts. 22, 30, 32–33, 35–36, 37 (b)–(d) and 38–40)

Asylum-seeking and refugee children

57.The Committee is concerned about:

(a)The lack of adequate measures to identify, assist and protect asylum-seeking and refugee children, including the lack of legal representation for unaccompanied children;

(b)The prolonged detention of asylum-seeking children;

(c)The lack of data on the number of asylum claims made by children and the information by the State party that only 18 children were granted refugee status in 2014.

58. The Committee recommends that the State party:

(a) Increase its efforts to identify, assist and protect asylum-seeking and refugee children, including by adopting the necessary legislative, administrative and logistical measures. Legal guardians, free legal representation, interpretation and consular assistance should be ensured for them;

(b) Take the measures necessary to end the administrative detention of asylum - seeking children and expeditiously place unaccompanied children in community-based shelters , and accompanied children in appropriate facilities that ensure family unity and are compliant with the Convention;

(c) Collect disaggregated data on asylum-seeking and refugee children;

(d) Complete the withdrawal of the remaining reservations to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.

Children in situations of migration

59.The Committee welcomes the adoption of a protocol on consular assistance for unaccompanied migrant children as well as the attention given by the State party to the plight of unaccompanied children on its territory, in particular its increasing collaboration with countries in the region to assist those children and protect them from violence. It is nevertheless concerned about:

(a)Migrant children being kept in detention centres for migrants and reports of violence and abuse against children in those centres;

(b)Migrant children being subjected to killings, kidnappings, disappearances, sexual violence, exploitation and abuse, and about the lack of official disaggregated data in this regard;

(c)Reports that many migrant children are deported without a preliminary process to determine their best interests, in spite of the legal recognition of the principle in the law on migration and the General Act on the Rights of Children and Adolescents;

(d)The insufficient measures taken to ensure the rights of national migrants as well as the rights of the many children displaced as a result of armed violence.

60. The Committee recommends that the State party:

(a) Take all measures necessary to end the administrative detention of migrant children and continue to establish community-based shelters for them , in accordance with articles 94 and 95 of the General Act on the Rights of Children and Adolescents , ensuring that these shelters comply with the Convention and are regularly monitored. The p rotocol for a ssisting u naccompanied m igrant c hildren in s helters should be effectively implemented and regularly evaluated;

(b) Increase efforts to prevent killings, kidnappings, disappearances, sexual violence, exploitation and abuse of migrant children, and investigate, prosecute and punish perpetrators, including when the perpetrator is an agent of the State;

(c) Establish a b est i nterest s d etermination p rocess for decisions relating to migrant children and always carry out due process with procedural safeguards to determine the indiv idual circumstances, needs and best interests of the child prior to making a decision on his or her deportation. Special attention should be given to family reunification;

(d) Ensure that migrant children are informed about their legal status , ensuring that they fully understand their situation , and provide public defence services and/or guardians throughout the process. Children should also be informed that they can contact their c onsular s ervices;

(e) Ensure that all relevant professionals working with or for migrant children, in particular border and immigration personnel, social workers, defence lawyers, guardians and police officers, are adequately trained and speak the native language of the children ;

(f) Adopt comprehensive measures to provide assistance to national migrant and displaced children and ensure their access to education and health services and their protection from violence;

(g) Collect disaggregated data related to cases of violence against migrant and displaced children, including disappearances and enforced disappearances.

Children belonging to minority or indigenous groups

61.The Committee remains concerned that indigenous and Afro-Mexican children continue to face discrimination and violence, and remain the most affected by extreme poverty, malnutrition, maternal and child mortality, early marriages, adolescent pregnancies, environmental pollution and lack of access to quality education and civil registration services.

62. In the light of its general comment No.  11 (2009) on indigenous children and their rights under the Convention, the Committee recommends that the State party:

(a) Adopt comprehensive measures, including affirmative measures , in accordan ce with article  40 of the General Act on the Rights of Children and Adolescents , to ensure that indigenous and Afro-Mexican children enjoy all their rights in practice , in particular in the area s of health, education, nutrition and access to justice and civil registration services. Indigenous children and their families should be able to effectively participate in all decisions affecting them;

(b) Strengthen measures to protect indigenous and Afro-Mexican children from exploitation and violence, including in shelters for indigenous children attending school. Such measures should be developed in consultation with indigenous Afro-Mexican leaders;

(c) Collect disaggregated data on indigenous and Afro-Mexican children related to all areas covered by the Convention and its Optional Protocols.

Economic exploitation, including child labour

63.The Committee notes the constitutional reform raising the minimum age of employment to 15 years. However, it remains deeply concerned that hundreds of thousands of children, at times as young as 5 years old, continue to work and that a high percentage of them is involved in the worst forms of child labour, such as mining and agriculture, and do not receive a salary. It is further concerned at the insufficient measures taken to address child domestic labour, which particularly affects girls, as well as the involvement of children, especially children of migrant farmworkers, in agriculture.

64. The Committee recommends that the State party:

(a) Review its legislation to ensure compliance with international standards, including I nternational L abour O rganization ( ILO ) Worst Forms of Child Labour Convention, 1999 ( No. 182 ) , ensure that domestic work and work in agriculture and brickyards, among others, are explicitly included as a hazardous form of labour and prohibited for children under 18 years of age , and take measures to eliminate them;

(b) Strengthen its inspection system and effectively enforce in practice penalties on those who economically exploit and abuse children, including children working as beggars, in domestic labour, both paid and unpaid, and in agriculture;

(c) Provide adequate resources for the effective implementation of the National Program me on Prevention and Elimination of Child Labour and Protection of the Adolescent Worker , and adopt s pecific measures to address the situation of child domestic workers, children working in mines and brickyards and migrant children in agriculture;

(d) Ensure that data collected on child labour are disaggregated and include information on children working as beggars, in temporary agricultural labour and in domestic labour in their homes ;

(e) Expedite the ratification process of the ILO Minimum Age Convention , 1973 ( No.  138 ) regarding the m inimum a ge for a dmission to e mployment;

(f) Continue to seek technical assistance from the International Programme on the Elimination of Child Labour of the International Labour Office.

Children in street situations

65.The Committee notes the implementation of a strategy to prevent and assist children in street situations. However, it is concerned that these efforts have not been sufficient to prevent and address the phenomenon and that the strategy is only implemented in some states. It is also concerned about reports that these children continue to suffer from violence and abuse and to be viewed as criminals. The Committee is also deeply concerned that many girls are victims of sexual exploitation and abuse and become pregnant.

66. The Committee recommends that the State party:

(a) Conduct a study at the federal and state level s of the scope and root causes of the phenomenon of children in street situations, with disaggregated data, and regularly update the information;

(b) Develop , with the full participation of children and relevant non-governmental organizations , a comprehensive and well-resourced policy at the federal, state and municipal level s to assist children in street situations and prevent and eliminate the phenomenon. The policy should address the different needs of boys and girls;

(c) Strengthen its efforts to protect children from all forms of violence, including sexual exploitation, and ensure that they are not viewed as criminals.

Administration of juvenile justice

67.The Committee notes the project under discussion to reform the Constitution and establish a comprehensive juvenile justice system. However, it is concerned about:

(a)The lack of harmonization of the juvenile justice legislation in all states and the fact that children can be sentenced to between 5 and 20 years of imprisonment for the same crime, depending on the state where they live or have committed a crime;

(b)The recent trend by states to increase penalties and the range of crimes for which serious penalties apply;

(c)The insufficient use of alternative and non-custodial measures and that detention, including provisory detention, is given priority;

(d)The precarious conditions in which children are placed in detention centres and the frequent cases of violence against adolescents.

68. In the light of its general comment No.  10 (2007) on children’s rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party to :

(a) Step up its efforts to harmonize the juvenile justice legislation among all states by reducing the penalties, promoting alternative measures to detention, such as diversion, probation, mediation, counselling or community service, wherever possible, and by ensuring that detention is used as a last resort and for the shortest possible period of time and that it is reviewed on a regular basis with a view to withdrawing it;

(b) Ensure the provision of qualified and independent legal aid to children in conflict with the law at an early stage of the procedure and throughout the legal proceedings. Indigenous and migrant children should be provided with interpretation and/or consular assistance as required;

(c) In cases where detention is unavoidable, ensure that detention conditions are compliant with international standards, including with regard to access to education and health services;

(d) Strengthen measures to prevent violence against children in detention, including by facilitating child-friendly complaint s mechanisms in juvenile detention centres and ensuring regular supervision of those centres.

Follow-up to the Committee’s previous concluding observations and recommendations on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

69.The Committee welcomes the adoption in 2012 of the General Act for the Protection, Punishment and Eradication of Human Trafficking Offences and for Victim Protection and Assistance and the establishment in 2013 of a related Intersecretariat Commission. However, it is concerned that most of the concerns raised in its previous concluding observations have not been addressed. It is particularly concerned about:

(a)The fact that not all offences covered by the Optional Protocol, such as the sale of children, have been fully incorporated into the federal and state penal codes;

(b)The fact that the regulation on surrogacy in the State of Tabasco does not provide sufficient safeguards to prevent surrogacy from being used as a means to sell children;

(c)The persistence of trafficking in children for the purposes of sexual exploitation and forced labour, particularly affecting migrant and indigenous children and girls, as well as the high prevalence of sexual exploitation of children, including child sex tourism, and the general impunity enjoyed by perpetrators of crimes covered by the Optional Protocol;

(d)The insufficient number of programmes implemented to prevent the crimes covered by the Optional Protocol and to identify, protect and rehabilitate child victims;

(e) The lack of disaggregated data related to the crimes covered by the Optional Protocol.

70. The Committee recommends that the State party:

(a) Revise and bring its federal and state penal codes into full compliance with article  3 of the Optional Protocol by criminalizing the sale of children and other offen c es covered by the Optional Protocol, as previously recommended ( see CRC/C/OPSC/MEX/CO/1, para.  30 (a – e));

(b) Ensure that the S tate of Tabasco review s its legislation on surrogacy and introduce safeguards to prevent its use for the sale of children;

(c) Ensure the effective implementation of the General Act for the Protection, Punishment and Eradication of Human Trafficking Offences and for Victim Protection and Assistance at the federal and state level s and the effective functioning of the related Intersecretariat Commission, including by allocating adequate resources;

(d) Identify, investigate and prosecute offences under the Optional Protocol in a child-friendly manner and adequately sanction the perpetrators;

(e) Strengthen prevention, protection, recovery and social reintegration and compensation programmes, allocate adequate resources and ensure that the programmes for child victims of sexual exploitation are in accordance with the outcome documents adopted at the world congresses against the commercial sexual exploitation of children;

(f) Continue to strengthen international cooperation for the prevention and prosecution of the crimes covered in the Optional Protocol;

(g) Improve the training provided to professional groups dealing with child victims of crimes covered in the Optional Protocol;

(h) Continue to undertak e awareness-raising campaigns with the tourism industry and the public at large on the prevention of child sex tourism;

(i) Collect disaggregated data on the crimes covered in the Optional Protocol and conduct a study on the extent of the phenomenon that also addresses root causes and risk factors, including poverty, conflict, discrimination, violence — including gender-based violence — and the absence of parental care.

Follow-up to the Committee’s previous concluding observations and recommendations on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

71.The Committee welcomes the State party’s withdrawal of its interpretative declaration to article 4 of the Optional Protocol. However, it is deeply concerned that most of the concerns raised in its previous concluding observations have not been addressed. It remains particularly concerned about:

(a)The fact that voluntary recruitment and enlistment in the compulsory military service of children from 16 years of age is still being permitted under certain circumstances;

(b)The lack of criminalization of the recruitment of children and their use in hostilities, including by non-State armed groups;

(c)The fact that children who study in military schools are subjected to the Military Code of Justice and only allowed to leave the school according to its internal regulations; and that military schools are managed solely by the Ministry of Defence;

(d)The insufficient measures to identify children who may have been used in conflict in the State party, and migrants, refugee and asylum-seeking children who may have been recruited or used in hostilities abroad.

72. The Committee urges the State party to:

(a) Revoke article  25 of the Military Service Act, end the practice of early enlistment in military service for 16- and 17-year-old children, and raise the minimum age for voluntary recruitment to 18 years, without exceptions;

(b) Explicitly criminalize the recruitment and involvement of children in hostilities, including by non-State armed groups, and include a definition of direct participation in hostilities;

(c) Ensure that children in military schools receive an education in accordance with the Convention monitored by the Ministry of Education and do not participate in the fight against drug trafficking;

(d) Establish an identification mechanism for migrant, refugee and asylum-seeking children who may have been recruited or used in hostilities, including by non-State armed groups, and take the measures necessary for their protection, physical and psychological recovery and social reintegration;

(e) Establish a disaggregated data collection system on children, including migrants, refugee and asylum-seeking children, who may have been recruited or used in hostilities in the territory of the State party and/or abroad, particularly those recruited or used by non-State armed groups.

I.Ratification of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure

73. The Committee recommends that the State party, in order to further strengthen the fulfilment of children’s rights, ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.

J.Ratification of international human rights instruments

74. The Committee recommends that the State party, in order to further strengthen the fulfilment of children’s rights, ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and recognize the competence of the Committee on Enforced Disappearances to receive and consider individual and interstate communications under articles 31 and 32 of the International Convention for the Protection of All Persons from Enforced Disappearance.

K.Cooperation with regional bodies

75. The Committee recommends that the State party cooperate with the Organization of American States (OAS) on the implementation of the Convention and other human rights instruments, both in the State party and in other OAS member States.

IV.Implementation and reporting

A.Follow-up and dissemination

76. The Committee recommends that the State party take all appropriate measures to ensure that the recommendations contained in the present concluding observations are fully implemented. The Comm ittee also recommends that the combined fourth and fifth periodic reports , the written replies to the list of issues of the State party and the present concluding observations be made widely available in the languages of the country.

B.Next report

77. The Committee invites the State party to submit its combined sixth and seventh periodic reports by 20 October 2020 and to include therein information on the follow-up to the present concluding observations. The report should be in compliance with the Committee’s harmonized treaty-specific reporting guidelines adopted on 31 January 2014 (CRC/C/58/Rev.3) and should not exceed 21,200 words (see General Assembly resolution 68/268, para.  16). In the event that a report exceeding the established word limit is submitted, the State party will be asked to shorten the report in accordance with the above-mentioned resolution. If the State party is not in a position to review and resubmit the report, then translation of the report for the purposes of its consideration by the treaty body cannot be guaranteed.

78. The Committee also invites the State party to submit an updated core document, not exceeding 42,400 words, in accordance with the requirements for the common core document in the harmonized guidelines on reporting under the international human rights treaties, including guidelines on a common core document and treaty-specific documents, approved at the fifth inter-committee meeting of the human rights treaty bodies in June 2006 (HRI/GEN/2/Rev.6, chap. I) and General Assembly resolution 68/268 (para. 16).