ADDENDUM TO THE FOURTH AND FIFTH PERIODIC REPORT ON THE IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

MEXICO

[June 2014]

*This report has not been edited.

This is a courtesy translation from the original version in Spanish.

CONTENTS
Paragraphs / Pages
Abbreviations ...... ………………………………………………………………………... / 5-6
Introduction………………………………………………………………………………….. / 1-6 / 7
1.  General measures of implementation (arts 4, 42 and 44, para 6)……………………… / 7-39 / 8-14
a) Measures adopted to review and bring domestic legislation and practice into full conformity with the provisions of the Convention and its Optional Protocols. ………. / 7-18 / 8-10
b) Whether a comprehensive national strategy and corresponding plan or plans of action for children have been adopted and to what extent these have been implemented and evaluated. / 19 / 10
c) Which Government authority has the overall responsibility to coordinate implementation of the Convention and its Optional Protocols, with what level of authority ……….……... / 20-21 / 10
d) The Budget allocated for the implementation of the Convention and its Optional Protocols / 22 / 11
e) Whether international assistance and development aid are provided or received directly related to the implementation of the Convention, its Optional Protocols and related national strategies and plans …………………………………………………………………………. / 23-28 / 11-12
f) Whether an independent national human rights institution for monitoring implementation has been established and if it receives individual complaints from children or their representatives ………………………………………….…………………………………. / 29 / 12
g) Measures that have been taken to make the principles and provisions of the Convention and its Optional Protocols widely known ………………………………………………….. / 30-34 / 12-13
h) Efforts undertaken to make reports and concluding observations widely available to the public at large ……………………………………………………………..……………….. / 35 / 13
i) Efforts undertaken to make reports and concluding observations widely available to the public at large at the national level ……………………………………………………….… / 36 / 13
j) Cooperation with civil society organizations and the extent to which they are involved in the planning and monitoring of the implementation of the Convention and its Optional Protocols ……………………………………………………………………………………. / 37-39 / 13-14
2.  Definition of the Child (art 1)………………………………………………………….. / 40 / 14
3.  General principles (arts 2, 3, 6 and 12)……………………………………………...... / 41-50 / 14-15
a) Non-discrimination (art. 2)………………………………………………………………. / 41-44 / 14
b) Best interest of the child (art. 3)…………………………………………………………... / 45 / 15
c) The right to life, survival and development (art. 6)……………………………………... / 46-49 / 15
d) The right of the child to be heard (art. 12)……………………………………………. / 50 / 15
4.  Civil rights and freedoms (arts 7, 8, 13 a 17, 28, para. 2, 37 a) and 39)………………. / 51-62 / 15-17
a) Birth registration, name and nationality (art. 7)………………………………………... / 51-52 / 15-16
b) Preservation of identity (art. 8)………………………………….………………………. / 53 / 16
c) Freedom of expression and the right to seek, receive and impart information (art. 13)… / 54-56 / 16
d) Freedom of thought, conscience and religion (art. 14)………………………………..… / 57 / 16
e) Freedom of association and peaceful assembly (art. 15)………………………………... / 58 / 16
f) Protection of privacy and protection of the image (art. 16)………………………..……. / 59 / 16
g) Access to information from a diversity of sources and protection from material harmful to his or her well-being (art. 17)……………………………………………….. / 60 / 17
h) The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, including a corporal punishment (arts. 37 a) and 28, par. 2)………………….. / 61 / 17
i) Measures to promote physical and psychological recovery and social reintegration of child victims (art. 39)………………………………………………………………...... / 62 / 17
5.  Family environment and alternative care (arts 5, 9 to 11, 18 (para 1 and 2), 19 to 21, 25, 27 (para 4) and 39)………………………………………………………………….… / 63-84 / 17-20
a) Improvement of the family environment and orientation to parents in accordance with children evolving capacities (art. 5)…………………………………………...... / 63-64 / 17
b) Parental Responsibilities, Parental assistance and childcare provision (art 18)……….. / 65 / 17
c) Separation from parents (art. 9)………………………………………………………. / 66 / 18
d) Family reunification (art. 10)………….……………………………………………...... / 67-70 / 18
e) Payment of maintenance claims (art.27, par.4)………………………………………….. / 71 / 18
f) Children deprived from a family environment (art. 20)…………………………….…... / 72 / 18
g) Periodic Review of Placement (art. 25)………………………………………………… / 73 / 18
h) National and International Adoption (art. 21)………………………………………… / 74-77 / 18-19
i) Illicit transfer and non-return (art. 11)…………………………………...... / 78-79 / 19
j) Abuse and neglect, including physical and psychological recovery and social reintegration (arts. 19 and 39)………………………...... / 80-84 / 19-20
6.  Disability, basic health and welfare (arts 6, 18 (para 3), 23, 24, 26, 27 (para 1 to 3) and 33) / 85-98- / 20-22
a) Survival and development of the child (art. 6, párr. 2)…………… ………………….. / 85 / 20
b) Health and Access to healthcare services and facilities (art. 24)………………………… / 86 / 20
c) Efforts to face health difficulties and promote physical and mental health and wellbeing of children ……………………………………………...... / 87 / 21
d) Reproductive rights of adolescents and the promotion of a healthy lifestyle …………… / 88-91 / 21
e) Prohibition and eradication of harmful traditional practices, in particular, genital feminine mutilation and early and forced marriages (art. 24, parr. 3)…………………… / 92 / 21
f) Protection of children from the use of psychotropic abuse (art. 33)……………………... / 93 / 21
g) Measures to guarantee protection of children with imprisoned parents and children with their mothers in prison ……………………………………………………………………... / 94 / 21
h) Social Security and childcare services and facilities (arts. 26 y 18, para. 3)……………… / 95 / 21-22
i) Standard of living and measures adopted to guarantee the physical, mental, spiritual, moral and social development of children in the form of nutrition, clothing and housing (art. 27, para. 1 to 3)…………………………………………………………………………… / 96-98 / 22
7.  Education, leisure and cultural activities (arts 28, 29, 30 and 31)……………………….. / 99-105- / 22-23
a) Education, including vocational training and guidance (art. 28)…………………………. / 99-101 / 22-23
b) Aims of education (art. 29)………………………………………………………………. / 102 / 23
c) Cultural rights of children belonging to indigenous or minority groups (art. 30)……….. / 103 / 23
d) Education on human rights and civic education …………………………….. / 104 / 23
e) Leisure, recreation and cultural activities (art. 31)……………………………………… / 105 / 23
8.  Special protection measures (arts 22, 30, 32 to 36, 37 b) to d), 38, 39 and 40)…….. / 106-124 / 23-26
a) Children outside their country of origin that seeking refugee status (art. 22), unaccompanied children seeking for asylum, internally displaced children, migrant children and children affected by migration……………………………………… / 106-109 / 23-24
b) Children in armed conflict (art. 38), including their physical and psychological recovery and their social integration (art. 39)………………………………………………… / 110 / 24
c) Children in situation of exploitation, including physical and psychological recovery and social reintegration ……………………………… / 111-116 / 25
d) Street children………………………………………………………………………. / 117-118 / 25
e) Children in conflict with the law and victim or witness children…………………….. / 119-123 / 26
f) Children belonging to minorities or indigenous groups (art. 30)………………………. / 124 / 26

Abbreviations

A.C. / Civil Association
CDI / National Commission for the Development of Indigenous Peoples
CNDH / National Commission for Human Rights
Committee / Committee on the Rights of the Child
CONADIS / National Council on the Development and Inclusion of People with Disabilities
CONAGO / National Conference of Governors
CONAPO / National Council on Population
CONAPRED / National Council to Prevent Discrimination
CONATRIB / National Commission of High Courts of Justice
CONEVAL / National Council for the Evaluation of Social Policy
Convention / Convention on the Rights of the Child
CPEUM / Political Constitution of Mexico
CRC / Convention on the Rights of the Child
CSE / Child Sexual Exploitation
CSEC / Commercial Sexual Exploitation of Children
D.F. / Federal District
DOF / Official Journal of the Federation
ICRC / International Committee of the Red Cross
IFE / Federal Institute on Elections
IIN / Inter-American Institute on Children
ILO / International Labour Organization
IMSS / Mexican Institute on Social Security
INEE / National Institute for the Evaluation of Education
INEGI / National Institute on Statistics and Geography
INM / National Institute on Migration
IOM / International Organization for Migration
IPEC / International Programme on the Elimination of Child Labour
ISSSTE / Institute on Social Services and Security of State Employees
OHCHR / United Nations High Commissioner for Human Rights
OPAC / Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
OPCP / Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
OSC / Civil Society Organization
PGR / Office of the General Prosecutor
PND / National Development Plan
Pronaind / National Program on Equality and Non-Discrimination 2014-2018
REDIM / Network for the rights of the Child
SCJN / Supreme Court of Justice
SEDENA / Secretariat of National Defense
SEDESOL / Secretariat of Social Development
SEDIF / State System for the Comprehensive Development of the Family
SEGOB / Secretariat of the Interior
SEMAR / Secretariat of the Navy
SEP / Secretariat of Public Education
SHCP / Secretariat of Finance and Public Credit
SMDIF / Municipal System for the Comprehensive Development of the Family
SNDIF/DIF Nacional / National System for the Comprehensive Development of the Family
SRE / Secretariat of Foreign Affairs
SSP / Secretariat of Public Security
STPS / Secretariat of Labor and Social Welfare
UN / United Nations Organization
UNAM / National Autonomous University of Mexico
UNHCR / United Nations High Commissioner for Refugees
UNICEF / United Nations Children’s Fund
UNODC / United Nations Office on Drugs and Crime


INTRODUCTION

1.  The Fourth and Fifth report of Mexico on the implementation of the Convention on the Rights of the Child shows the situation of children in Mexico between 2006 and 2011 and it was submitted to the Committee in May 2012.

2.  The report was written in collaboration with thirty five institutions and entities of the Federal Public Administration that are involved, in different degrees, with the implementation of this international instrument. Other institutions such as the State Systems for the Comprehensive Development of the Family (SEDIF), autonomous organisms and other powers of the State also took part on the elaboration of the report.

3.  This publication is intended to update the Committee on developments achieved by Mexico regarding the promotion, protection and defense of the rights of the child between 2012 and June 2014.

4.  During this period, México has had important developments such as local and federal legislative reforms, as well as the improved collaboration among institutions in order to respond to national needs as well as to international obligations of the Mexican State. For those reasons, the Government of Mexico considers it relevant to update the Committee on these improvements for them to be considered during the examination of the report and the dialogue with its members.

5.  Mexico asks for the addendum to be read in conjunction with the original report.

6.  This addendum was coordinated by the SRE, it was written between December 2013 and June 2014 and its information was provided by nine institutions of the Federal Public Administration that are in charge of important tasks of promotion and protection of the rights of children in Mexico. Additionally, the addendum contains some comments made by organizations of the Mexican civil society and the office of UNICEF in Mexico.

Mexico City, July 2014.


1. GENERAL MEASURES OF IMPLEMENTATION

(ARTS. 4, 42 and 44, para 6, of the Convention)

a) Measures adopted to review and bring domestic legislation and practice into full conformity with the provisions of the Convention and its Optional Protocols.

7.  In accordance with the implementation of the constitutional amendment on human rights undertaken by the State in 2011, the Government of Mexico reviewed part of its legislation to bring it into line with the Convention.

8.  The National Development Plan (PND) 2013-2018[1] contains specific strategies to promote the rights of children, particularly to face all forms of violence against them; it also contains the promotion of the right to quality education; increase programs to support children and youth in conditions of special vulnerability; promote sports and culture, among others.

9.  Also, the National Program on Human Rights 2014-2018[2], published in April 2014, includes specific actions directed to children and adolescents and its objectives are in line with the PND.

10.  In order to promote the right to identity, the Government of Mexico amended article fourth of the CPEUM to incorporate the right that every person has to bear an identity and to be registered immediately after birth. In accordance to with amendment, published on July 17, 2014 at the DOF, the authority has the obligation to issue the first birth certificate for free.

11.  In terms of education, an amendment elevated the right to quality education to the Constitutional level. This amendment, approved in February 2013, establishes the obligation of the State to guarantee the quality of basic and mid-level education given in the country. It also establishes the Professional Teaching Service to ensure its professionalization and creates the National System for the Evaluation of Education, coordinated by the INEE. Additionally, it creates a System of Education Information and Management which allows education authorities to have a single platform with all necessary data for the effective operation of the education system; it strengthens the autonomy of schools regarding their management; and forbids unhealthy food to be sold at schools.

12.  In order to ensure the full implementation of the constitutional reform on education, three regulatory laws where approved in September 2013: the reformed General Education Act[3], the Law of the National Education Evaluation System[4] and the Law of the Professional Teachers’ Service[5], which establishes the criteria for the acceptance, promotion, and permanence of teachers, as well as personnel in charge of supervision and management of State-sponsored education.