COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Thirty-sixth session
Geneva, 1-19 May 2006
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLES 16 AND 17 OF THE COVENANT
Concluding observations of the Committee on
Economic, Social and Cultural Rights
MEXICO
1. The Committee on Economic, Social and Cultural Rights considered the fourth periodic
report of Mexico on the implementation of the International Covenant on Economic, Social
and Cultural Rights (E/C.12/4/Add.16) at its 13th, 14th and 15th meetings, held on 9 and
10 May 2006 (E/C.12/2006/SR.13-15), and adopted, at its 29th meeting, held on 19 May 2006,
the following concluding observations.
A. Introduction
2. The Committee welcomes the submission of the fourth periodic report of Mexico, which
was prepared in general conformity with the Committee’s guidelines and includes a section on
follow-up to the Committee’s concluding observations in relation to the third periodic report of
Mexico (E/C.12/1/Add.41), as well as the written replies to its list of issues.
3. The Committee welcomes the constructive dialogue with the delegation of the State
party, which included a number of representatives from various government departments, as well
as the delegation’s answers to the questions asked by the Committee.
B. Positive aspects
4. The Committee appreciates the State party’s support for the elaboration of an Optional
Protocol to the International Covenant on Economic, Social and Cultural Rights.
5. The Committee notes with appreciation the State party’s cooperation with the country
office of the Office of the High Commissioner for Human Rights, which was established in 2002
in the State party and has elaborated a “Diagnosis on the human rights situation in Mexico”
covering also economic, social and cultural rights.
6. The Committee welcomes the establishment in 2001 of the National Institute for Women
(Inmujeres) mandated to create a culture free from violence and discrimination against women
and to promote the equal enjoyment of all rights by men and women.
7. The Committee welcomes the establishment in 2001 of a Technical Committee for the
Measurement of Poverty in Mexico, which has defined thresholds for measuring trends in the
proportion of the population below certain poverty levels, i.e. the “nutritional poverty threshold”,
the “capacities development threshold” and the “patrimony development threshold”.
8. The Committee notes with appreciation that since 2003, antiretroviral medicines are
accessible free of charge for all HIV/AIDS patients in the State party.
C. Factors and difficulties impeding the implementation of the Covenant
9. The Committee notes the absence of any major factors or difficulties impeding the
effective implementation of the Covenant in the State party.
D. Principal subjects of concern
10. The Committee is concerned about reports that members of indigenous and local
communities opposing the construction of the La Parota hydroelectric dam or other projects
under the Plan Puebla-Panama are not properly consulted and are sometimes forcefully
prevented from participating in local assemblies concerning the implementation of these
projects. It is also concerned that the construction of the La Parota dam would cause the
flooding of 17,000 hectares of land inhabited or cultivated by indigenous and local farming
communities, that it would lead to environmental depletion and reportedly displace
25,000 people. It would also, according to the Latin American Water Tribunal, violate the
communal land rights of the affected communities, as well as their economic, social and
cultural rights.
11. The Committee regrets the absence of a federal gender equality act and of laws on sexual
harassment in 14 of the 32 federated states of the State party. The Committee expresses its
concern about discriminatory provisions in the civil codes of a number of states, such as
provisions requiring the consent of the husband for a woman to work or authorizing the husband
to decide about his wife’s abode.
12. The Committee notes with concern that approximately 40 per cent of the active working
population are reportedly employed in the informal sector.
13. The Committee is concerned about the low minimum wages in the State party, especially
as regards women and indigenous workers.
14. The Committee is deeply concerned about the poor working conditions of indigenous
workers, who are frequently underpaid or not paid at all, receive no social security benefits or
paid vacations, and often work on daily contracts or as unpaid family members.
15. The Committee reiterates its concern about the practice of employers in the maquiladora
(textile) industry to require women to present non-pregnancy certificates in order to be hired or
to avoid being dismissed.
16. The Committee expresses its concern about the severe restrictions in the Federal Labour
Law and in the Federal Law for State Workers on the right to form and join trade unions, such as
trade union monopolies, exclusionary clauses, minimum age and membership requirements and
provisions on the cancellation of trade unions in the public sector. The Committee is also
concerned about restrictions on the right of trade unions to establish national federations or
confederations and on the right to strike.
17. The Committee is concerned that the State party’s unemployment benefit scheme only
covers cessation of employment at an “advanced age”.
18. The Committee notes with concern that, in spite of the “Seguro Popular” programme,
approximately half of the population of the State party is not entitled to social security or social
assistance.
19. The Committee, while acknowledging the various legislative projects and policies that
are currently under adoption in the State party to combat domestic violence, remains deeply
concerned about the high rate of domestic violence against women and children and about the
fact that the definition of incest in the laws of a number of federated states does not adequately
protect victims of incest, especially children.
20. The Committee notes the absence of disaggregated information in the State party’s report
concerning the incidence of trafficking of women and children in Mexico.
21. The Committee notes with concern that the minimum age for marriage in many states of
the State party is 14 years for girls and 16 years for boys, subject to the parents’ consent, and that
the age of sexual consent is only 12 years for girls and boys.
22. The Committee is concerned about the high percentage of children below the age of 16
who are engaged in child labour, primarily in the agricultural and industrial sectors where they
reportedly often work under poor and hazardous conditions.
23. The Committee reiterates its deep concern that, despite the State party’s efforts to reduce
poverty, more than 40 million people continue to live in poverty, in particular members of
indigenous communities and other disadvantaged and marginalized individuals and groups, such
as indigenous women, agricultural workers, workers in the informal sector, and older persons.
The Committee is equally concerned about the unequal distribution of wealth between the
northern and southern states of the State party and between rural and urban areas.
24. The Committee notes with concern that existing housing programmes do not adequately
address the housing needs of the poor. It reiterates its concern about the absence in the State
party’s report of any statistical information on the number of forced evictions and on the extent
of homelessness in the country.
25. The Committee is concerned about the high rate of maternal mortality caused by unsafe
abortions, in particular as regards girls and young women, about reports on obstruction of access
to legal abortion after rape, e.g. by misinformation, lack of clear guidelines, abusive behaviour
directed at pregnant rape victims by public prosecutors and health personnel, and legal
impediments in cases of incest, and about the lack of access to reproductive health services and
education, especially in rural areas and in indigenous communities.
26. The Committee expresses its concern about the lack of teachers in primary and secondary
schools, especially in indigenous and remote areas, the low school attendance by indigenous
children, their comparatively poor school performance, the high illiteracy rate among the
indigenous population and the limited access to education for, in particular, indigenous and
migrant children and agricultural workers under the age of completion of compulsory education.
The Committee is also concerned about the reduction in the budget allocated to intercultural and
bilingual education.
27. The Committee notes with concern that the collective authorship of indigenous peoples
of their traditional knowledge and cultural heritage is not protected by the Federal Copyright Act
or in other legislation of the State party.
E. Suggestions and recommendations
28. The Committee urges the State party to ensure that the indigenous and local communities
affected by the La Parota hydroelectric dam project or other large-scale projects on the lands and
territories which they own or traditionally occupy or use are duly consulted, and that their prior
informed consent is sought, in any decision-making processes related to these projects affecting
their rights and interests under the Covenant, in line with ILO Convention No. 169 concerning
Indigenous and Tribal Peoples in Independent Countries. The Committee also urges the State
party to recognize the rights of ownership and possession of indigenous communities to the lands
traditionally occupied by them, to ensure that adequate compensation and/or alternative
accommodation and land for cultivation are provided to the indigenous communities and local
farmers affected by the construction of the La Parota dam or other construction projects under
the Plan Puebla-Panama, and that their economic, social and cultural rights are safeguarded. In
this regard, the State party is referred to the Committee’s general comments Nos. 14 and 15 on
the right to the highest attainable standard of health and on the right to water.
29. The Committee encourages the State party to consider adopting legislation on gender
equality at the federal and state levels. It calls on the State party to ensure that all federated
states adopt and effectively implement laws on sexual harassment and that any provisions
contrary to article 3 of the Covenant are repealed in federal and state legislation.
30. The Committee recommends that the State party gradually regularize the situation of
workers employed in the informal sector and to continue and intensify its job placement
programmes and financial support for persons seeking employment.
31. The Committee recommends that the State party ensure that wages fixed by the National
Wages Commission or negotiated between workers and employers secure for all workers and
employees, in particular women and indigenous workers, a decent living for themselves and their
families, in accordance with article 7 (a) (ii) of the Covenant.
32. The Committee urges the State party to take effective measures to improve the working
conditions of indigenous workers by, inter alia, adopting and/or implementing relevant
legislation, enforcing the Federal Act for the Prevention and Elimination of Discrimination and
corresponding state legislation, increasing the number and effectiveness of labour inspections in
indigenous communities, and by sanctioning employers who violate minimum labour standards.
33. The Committee urges the State party to amend the Federal Labour Act or other
legislation, with a view to prohibiting the practice of requiring non-pregnancy certificates from
women as a condition of employment and to sanction employers who fail to comply with these
provisions.
34. The Committee recommends that the State party review its labour legislation with a view
to removing any restrictions on trade union rights other than those necessary in a democratic
society in the interest of national security or public order or for the protection of the rights and
freedoms of others. It reiterates its request that the State party consider withdrawing its
interpretative statement to article 8 of the Covenant and ratifying ILO Convention No. 98 (1949)
on the Right to Organize and Collective Bargaining. The Committee urges the State party to
implement the judgements of the Supreme Court of Mexico declaring illegal the imposition of a
trade union monopoly in the public sector and the “exclusionary clause” providing that only members of the existing union at the workplace may be hired by public or private employers. It
also recommends that the State party extend the competence of the National and State Human
Rights Commissions to include considering alleged violations of labour rights, and to implement
the recommendations concerning trade union freedom contained in the “Diagnosis on the human
rights situation in Mexico” elaborated by the office of the United Nations High Commissioner
for Human Rights in Mexico.
35. The Committee recommends that the State party undertake a careful evaluation of the
modifications proposed to the current retirement system through the Act concerning the Social
Security and Services Institute for State Workers and of future modifications to other social
security systems. This should ensure that such modifications do not lead to job insecurity for
future pensioners nor to a decrease in the amount of their future pensions that would preclude
them from enjoying an adequate standard of living.
36. The Committee urges the State party to extend the eligibility criteria for access to
unemployment benefits in order to include all unemployed persons.
37. The Committee urges the State party to take all necessary measures to provide social
assistance to those who are presently without any protection, with a view to enabling persons and
families in need, including informal sector workers and other disadvantaged and marginalized
individuals and families, to live a life in dignity.
38. The Committee urges the State party to proceed with the adoption of the General Act
establishing a National System for Prevention, Protection, Assistance and Eradication of
Violence against Women and Girls, of the envisaged amendments to the Constitution, the
Federal Criminal Code, the Federal Civil Code, the Federal Act for the Prevention and
Elimination of Discrimination and the Social Assistance Act and of other legislative projects,
with a view to (a) providing adequate counselling and medical, psychological, as well as legal
assistance to victims of domestic violence; (b) defining the offences of domestic violence and
incest, as well as the sentences for perpetrators of such acts; and (c) providing for banning orders
against perpetrators, as well as for compensation and alimony payments to victims, of domestic
violence. The Committee also calls on the State party to ensure the harmonization and
promulgation of legislation on domestic violence and incest in all its States, to strengthen and
upgrade shelters for battered women and children and to intensify its awareness-raising
campaigns and training of judges, prosecutors, police and medical personnel on the criminal
nature of such acts. The Committee invites the State party to include information on the results
of these measures and on the number of victims, perpetrators, convictions, the types of sanctions
imposed and the assistance provided to victims in its next periodic report.
39. The Committee requests the State party to include, in its fifth periodic report, statistical
information on the number of victims of trafficking, disaggregated on an annual basis by sex, age
and national or ethnic origin, as well as on perpetrators, convictions, the types of sanctions
imposed and the assistance provided to victims.
40. The Committee recommends that the State party raise and equalize the minimum age for
marriage for boys and girls, as well as the age of sexual consent, at the federal and state levels.
41. The Committee recommends that the State party consider ratifying ILO Convention
No. 138 (1973) concerning Minimum Age for Admission to Employment and that it accordingly
raise the minimum working age from 14 years to the age of completion of compulsory schooling
and, in any case, to no less than 15 years. The Committee also recommends that the State party
invite representatives of Mexican civil society sector to participate in this evaluation process.
42. The Committee recommends that the State party ensure the full integration of economic,
social and cultural rights in its social development and poverty reduction strategies, specifically
address the needs of disadvantaged and marginalized individuals and groups, and allocate
sufficient funds for the implementation of these strategies. In this regard, the State party is
referred to the Committee’s statement on “Poverty and the International Covenant on Economic,
Social and Cultural Rights” (E/C.12/2001/10). The Committee recommends that the State party
intensify its efforts to address the wide disparities between rich and poor, North and South, and
between rural and urban areas. The Committee also recommends that the State party further
develop indicators and benchmarks, disaggregated by sex, age, urban/rural population and social
and ethnic group, for monitoring the progress achieved in combating poverty, and that it report
on such progress in its next report.
43. The Committee recommends that the State party adopt comprehensive national housing
legislation, including legislation on rent control, and that it promote affordable rental housing
and invest in social housing in order to meet the needs of the poor and of low-paid workers. It
reiterates its request for detailed information in the State party’s next periodic report on the
number of forced evictions, the manner in which these are carried out and on the remedial
measures, legislative and otherwise, taken by the State party in relation to forced evictions, in
line with the Committee’s general comment No. 7. The Committee also requests the State party
to include statistical information on the extent of homelessness in the State party, disaggregated
by age, sex, urban/rural population and ethnic group, in its next report.
44. The Committee recommends to the State party to ensure and monitor the full access of
rape victims to legal abortion, to implement the Equal Start in Life Programme in all of its states,
to ensure full access by everyone, especially by girls and young women, to reproductive health
services and education, especially in rural areas and in indigenous communities, and to allocate
sufficient resources for these purposes.
45. The Committee urges the State party to increase the number of primary and secondary
school teachers, especially in indigenous and remote areas, as well as the budget for education,
in particular for intercultural and bilingual education, to strengthen and upgrade schooling
programmes for indigenous and migrant children, child workers and children belonging to other
disadvantaged and marginalized groups, in particular girls, and to report on the progress made in
achieving universal access to compulsory primary and secondary education in its next report.
46. The Committee recommends that the State party consider the adoption of legislation to
recognize, register and protect the collective authorship of indigenous peoples of their traditional
knowledge and cultural heritage and to prevent the unauthorized use of scientific, literary and
artistic productions of indigenous peoples by third parties, in line with the Committee’s general
comment No. 17.
47. The Committee requests the State party to disseminate the present concluding
observations widely among all levels of society, particularly among government officials and
judicial authorities, and to inform the Committee on all steps taken to implement them in its next
periodic report. It also encourages the State party to engage non-governmental organizations and
other members of civil society in the process of discussion at the national level prior to the
submission of its next periodic report.
48. The Committee requests the State party to submit its combined fifth and sixth periodic
reports by 30 June 2012.