Human Rights
Mexico
boasts one of the most comprehensive constitutional guarantees
of human rights in the world, but these rights are commonly
violated.
[2]
� According to Amnesty International, the violation
of human rights in Mexico has increased in the last six years.
This increase in violence is especially significant in Oaxaca,
Chiapas, and Guerrero, where guerilla groups and the military
are actively operating.� The incidence of torture, extrajudicial executions
and �missing� people has increased in the last few years.� At the same time, victims have not been given
adequate legal representation.�
For instance,� it
is common for lawyers not to attend interrogation, or fail
to intervene when the imprisoned is tortured.�
This problem is especially serious with regard to indigenous
people who do not speak Spanish and who are denied a translator
in the process.
[3]
�In the last four years, Mexico�s human rights
record was criticized by several international organizations,
including Amnesty International (AI) and Human Rights Watch.�
The International Federation of Human Rights, AI, the
Organization of American States (OAS), and the United Nations
(UN) all sent delegations to investigate the human rights
situation.
[4]
� AI claimed that abuses were committed by members
of the security forces against both political and criminal
detainees, and criticized Mexican authorities for doing little
to prosecute the perpetrators.�
According to an April 1997 AI report, despite thousands
of complaints filed, no one had been sentenced for the crime
of torture and ill-treatment.
[5]
�President Zedillo acknowledged in an October
1997 speech that the perception of insecurity had reached
such a high level that people in the capital and other parts
of the country fear the police as much as they fear criminals.
[6]
Attacks Against Journalists
In
recent years the Mexican press has become more independent
and more critical of the government. Journalists have taken
on drug traffickers and exposed government wrongdoings.� At the same time,� attacks and harassment of journalists have increased, and there
is often a link between the authorities and the murderers.
[7]
� Mexico has one of the highest numbers of journalist
assassinations in Latin America� since 1970, more than 100
reporters, editors and publishers have been killed.
[8]
Economic Situation
Even
though the 1997 Asian financial crisis affected most of the
Latin American countries, Mexico along with other Central
American countries did not suffer heavy consequences because
of the close trade relationship with the United States.
[9]
�Despite
an improvement in the overall income distribution during the
1990s,
[10]
the level of poverty has increased.
Economy and NAFTA
The
1994 peso devaluation threw Mexico into the worst economic
recession in 60 years.� Within a year, the peso�s worth declined from US$.26 to US$.13,
and prices on basic items jumped.�
At the same time, some 20,000 businesses were closed,
and more than 1 million people lost jobs.�
Interest rates soared and inflation shrank savings
and incomes.� With
the impoverishment of the population, crime in the capital
increased by 36 percent in 1995 and another 14 percent in
1996.
[11]
In
1994, Mexico signed the North American Free Trade Agreement
(NAFTA) with Canada and the United States.� Some commentators say NAFTA has benefited Mexico
by creating jobs and helping its economy recover quickly after
the peso crash.� While
in 1995, Mexico�s GDP dropped 6.2 percent, only a year later
it grew 5.1 percent.
[12]
�� But NAFTA�s critics argue that it has had
a considerable social and environmental cost.�
Some human rights commentators warn that NAFTA has
wiped out small Mexican corn farmers in favor of huge US agribusiness,
accelerating migration from rural to urban areas, depressing
wages and increasing labor violations.�
Moreover, they maintain that NAFTA-related business
harms the environment, since production tends to be shifted
to areas with� �lax
environmental enforcement.�
[13]
� Opposition politicians and parties that recorded
success in the July elections, including the PRD Cardenas,
have called for a �review� of�
NAFTA to make it more just and fair to people.
[14]
�
Since
the ratification of NAFTA, the number of maquilas� has increased dramatically. Maquilas (or maquiladoras) are export-oriented assembly plants concentrated along
the border with the United States employing about 900,000
workers.
[15]
Their output represents approximately
40 percent of the nation�s exports.
[16]
�Most
of these factories receive 98 percent of their inputs from
the United States or Asia.��
Many environmental, human rights and labor groups accuse
the sector of exploiting workers, who are pressured to work
long hours under poor working conditions for meager wages.
Labor rights groups have also alleged that maquila
workers are routinely prevented from organizing.
[17]
The following report was originally prepared for the 18th session of CEDAW
in January 1998. The present report was adapted to the CESCR
format and updated based on information received from women�s
human rights activists in Mexico.
STATUS OF WOMEN IN MEXICO�
UNDER SPECIFIC ICESCR ARTICLES:
COVENANT ARTICLE 3: Equal Rights of Women and Men
According
to a report by Center for Reproductive Law and Policy (CRLP),�
despite constitutional guarantees of equality between
men and women in many Mexican states, legal codes contain
provisions that are clearly discriminatory towards women.�
In some states, women are required to obtain authorization
from their husbands to work or sign a contract.�
CRLP also reported that in some states, Chiapas for
instance, an animal theft receives a harsher punishment than
rape.
[18]
Marriage Law
Even
though Mexico City (the Federal District) civil code grants
wives and husbands equal authority over their children and
financial resources, civil codes in some states define the
husband as the head of the household, with total authority
over his wife and children.
[19]
��According to several human rights reports,
women in some states have limited ability to sue to establish
paternity and receive child support, except in cases of rape
or cohabitation; when the child resides with the father; and
where there is a written proof of paternity.
[20]
Divorce
According
to Judge Alicia Elena P�rez Duarte, in cases of divorce on
the grounds of adultery, the law clearly favors men, justifying
men�s adultery to a certain degree.� If the wife does not meet her husbands �conjugal
rights,� the husband may be seen as justified in seeking satisfaction
of his �natural instincts� through extramarital sexual relations.� He is not held responsible for the divorce
as he is considered to have been �pushed� into adultery.� On the other hand, a woman is always condemned
for adultery since her extramarital affair can result in an
�illegitimate child.� Moreover, such conduct is considered
a �provocation� for her husband�s adultery, which makes her
guilty and ultimately responsible for the divorce.�
The person who is declared responsible loses forever
the right to receive alimony from the other.
COVENANT ARTICLE 6 and 7: Right to Work
and Right to Just and Favorable Conditions of Work
Workers Conditions: Maquiladoras
In
some maquila sectors, such as electronics and garment-assembly plants,
up to three-quarters of workers are female,
[21]
and they come from nation�s lowest-income
sectors.
[22]
�Human rights groups have criticized the poor
working conditions, such as ten-hour shifts and highly repetitive
work.� In addition, workers in the maquila industry face particularly strong
management resistance to organizing.�
The International Confederation of Free Trade Unions
(ICFTU) reported that employers, often with support from local
officials, have harassed and threatened workers who attempted
to start trade unions.
[23]
��
Wage and Wage Differential
Real
minimum wage decreased by 6.1 percent during the period 1990-1996.�
The wage disparity between men and women has increased
during the period 1984�1996. The average ratio of women�s
income compared with average income for men declined from
80 percent in 1984 to 73 percent in 1996.
[24]
� Women with the least education have seen the
greatest decrease. For women with zero to three years of education
the ratio of women�s wages to men�s fell from 71 percent in
1990 to 67 percent in 1996, and for women with four to six
years of education it decreased from 73 percent to 69 percent
during the same period.
[25]
Promotion
According
to a 1999 UNDP report, only 19.8 percent of administration
and management position are held by women. Women occupy 42.2
percent of professional and technical position.
[26]
� Most women work in commerce (19 percent), domestic
service (11 percent), secretarial services (11 percent), financial
services (4 percent), nursing (3 percent), and education (3
percent).� In any industry, however, few women occupy
the high-level positions: for every 100 men in administrative
or managerial jobs, there are only 24 women in comparable
positions.� Only 3 percent of Mexican working women are
business entrepreneurs.
[27]
Pregnancy Testing
Mexican
employers are required by law to provide a paid maternity
leave to their female employees.
[28]
� Employers have tried to circumvent this requirement
by administering pregnancy tests to female job applicants
and repeating the test before extending work contracts.� Although measures against pregnancy are strictest in the maquiladora industry (see Maquilas above), multinational corporations
such as Coca-Cola, as well as Mexican government offices such
as the Education Ministry and the State Workers� Social Security
Institute, have also used pregnancy testing.�
In addition, women applying for jobs with the Education
Secretariat reported that they had to fill out questionnaires
about their sexual activity.� According to Human Rights Watch World Report
1999, women working in maquiladoras� suffer discrimination no only at the time of
hiring, but� they also
have to provide urine samples for pregnancy analysis periodically
after they have been hired as a condition for maintaining
their employment.� In
some factories, women are required to show their used sanitary
napkins to factory medical personnel�
as a proof they are not pregnant.
[29]
� Moreover, human rights groups report that women
who are refused jobs because of pregnancy or forced to have
an abortion to get a job, do not have any legal recourse.�
The labor tribunal accepts complaints only in cases
where the contractual relationship of employment already exists.
[30]
Rural Women
The
current agricultural production system has had a tremendous
impact on women and their families in rural areas.�
Since the implementation of the Tratado
de Libre Comercio de America del Norte�
(North American Free Trade Agreement; NAFTA), the import
of grains has increased to a level that has never before been
seen. The agricultural production system favors big companies
and necessitates the use of high-level technology.
[31]
� This fact has had a detrimental effect on most
of the small agricultural producers.
[32]
� In order to remain competitive and increase
production, peasants have tried to update their technology,
use chemical fertilizers, and substitute new �improved� seed
for native seed.� This practice has been devastating for some
areas, where the new seed proved unable to resist the weather
or plagues.� For instance, in Guanajuato, the peasants�
introduction of the new beans has led to breaks in production
during certain periods. In this context, according to NGOs,
this new production system poses a serious threat to rural
families�� subsistence
since their traditional jobs are in danger.� This has especially affected women who, because
the food supply is not sufficient for the family, give up
part of their food to feed their children.
[33]
COVENANT ARTICLE 8: Right to Union Association
Labor Movement
Mexican
labor law grants the government the power to stop formation
of independent unions, to ban strikes or to declare them �legally
non-existent,� which gives strikers no protection from being
fired.
[34]
�In the past, the PRI exercised almost complete
control over unions, and most efforts to form independent
unions and bargain collectively led to acts of terrorism against
independent organizers.
[35]
COVENANT ARTICLE 10: Protection of the Family
and of Mother and Children
Maternity Leave
Mexican
law establishes that women are entitled to 12 weeks of maternity
leave at full pay. The Mexican Institute of Social Security
finances payment during this period. When women return to
their jobs, their positions are guaranteed for one year.� Despite the existence of this law, the job
guarantee is rarely enforced.
[36]
Rural Women
As
described under Article 7 of this report, the new agriculture
production system has adversely affected rural families, and
particularly women. To provide for their families, women have
sought new jobs outside the rural areas.�
Sources reported that this has had a significant impact
on family well-being.� For
example, given the lack of daycare centers in rural zones,
children have been left unattended in their places of residence.�
Some of the effects observed so far are the decrease
in the level of nutrition for children, and the increase in
drug and alcohol consumption among youth.� Moreover, the changes in food consumption among
children from the traditional corn tortilla� to chatarra
(junk food) has led to an increased incidence of osteoporosis
and dental problems that previously had been uncommon.
[37]
COVENANT ARTICLE 11: Right to an Adequate Standard of Living
Poverty
The
percentage of households living below the poverty line has
increased in Mexico from 39 percent in 1989 to 43 percent
in 1996.
[38]
�The percentage of female-headed households living
in poverty has increased from 22 percent in 1984 to 32.8 percent
in 1994.� Among the
total households living in poverty, the percentage of households
headed by women has increased during this period from 16 percent
to 18 percent.
[39]
�Furthermore, according to a 1999 UNDP report,
28 percent of the population still has no access to sanitation.
[40]
COVENANT ARTICLE 12: Right to Physical and Mental Health
Rape
In
1995 in Mexico City, 1,289 rapes were reported to the police,
and the figure rose by 25 percent in 1996.��
But the real incidence may be much higher, as it is
estimated that, on average, only seventeen percent of all
rape victims report attacks against them.�
Moreover, approximately 95 percent of all reported
cases of sexual abuse go unpunished.�
Patricia Olamendi, the director of the Office for Victims
of Sexual Crimes of the Attorney General�s Office for the
Federal District, attributes this situation to the government�s
lack of attention to policies and laws related to sexual violence.
This results in poor handling of these cases by the police
and the justice system. The law enforcement system tends to
discount women�s stories and commonly blames them for the
attack.
[41]
� In addition, women often feel that they cannot
trust the police since there have been documented cases of
police officers� participation in sex crimes.
[42]
Several
recent cases have drawn attention to the discriminatory way
the Mexican justice system handles rape cases.�
One of them is the widely publicized case of Claudia
Rodr�guez Ferrando.� In
1996, Rodr�guez shot and killed a man who was trying to sexually
assault her.� Judges
and prosecutors openly blamed Rodr�guez for the attack.�
She spent a year in jail awaiting trial on homicide
charges, and won release in February 1997 only after an energetic
campaign launched by feminist organizations and attorneys.
[43]
� The groups pointed out that in another self-defense
case, a major television network�s security chief, who shot
and killed a robber who was trying to steal his Rolex watch
at gunpoint, was freed within two days.�
A women�s rights activist stated: �We can�t have a
situation where a woman�s physical integrity is worth less
than a wristwatch.�
[44]
In
August 1997, Mexico was shocked when 16-year-old Y�ssica D�az
Cazares committed suicide three months after she was raped
by three men in the central state of Durango.� Reportedly, the police asked her to recount
her story and tried to pressure her to drop rape charges.� According to press reports, Y�ssica�s mother, sister and niece were
tortured to pressure her to withdraw the rape claim.
[45]
�As
a result of this case, the police chief and other justice
officials were suspended and the Durango state authorities
launched a criminal investigation.�
State Attorney General Juan Francisco Arroyo Herrera
quit his post after the Commission on Human Rights (CNDH)
recommended that he be dismissed.
[46]
Spousal Abuse
In
June 1997, the Supreme Court ruled that violently forcing
a spouse to engage in sexual relations was not rape, but rather
the �undue exercise of a right.�� The court�s decision rested on an assumption that where there is
an obligation of cohabitation, �violent imposition of normal
copulation on the other is not sufficient for the act to be
considered rape, even though the perpetrator has employed
methods used in what is defined as rape.�� In the past, offenders faced eight to fourteen
years in prison and did not have the right to probation.� Under the new ruling, they will have the option
to pay a US$100-$300 fine or spend up to a year in prison.
�Mexican women�s human-rights activists have
accused the court of� �legitimizing
the exercise of violence between spouses,� and of violating
the Mexican constitution and international treaties.�
They claim that the ruling denied the principle of
equality between spouses and violated a clause in the constitution
that �no individual can take the law into his own hands nor
use violence to demand a real or supposed right.�
[47]
Domestic Violence
In
Mexico, domestic assault is a crime, but in ten states, �correcting�
a wife and children is not a crime unless it involves cruelty
or unnecessary frequency.
[48]
According to an investigation conducted
by Minnesota Advocates for Human Rights (MAHR) in 1996, domestic
violence is a widespread problem in Mexico, yet the abusers
are rarely punished for the crimes.�
The cultural more holding that violence in the home
is a private matter, not a public issue for prosecution by
the state, weighs heavily and impedes victims� access to justice.�
Victims are routinely not taken seriously and many
are encouraged to reconcile with their abuser early in the
case and pressured to drop the criminal charges. MAHR found
that a Mexico City �conciliator� (a person appointed to work
with the victim) openly expressed his view that the husband
had a right to beat his wife and prosecution of such cases
was inappropriate.
[49]
According to the MAHR report, only
five percent of victims who start the criminal process actually
see it through to sentencing.
After
years of campaigns, domestic violence advocates succeeded
in passing reforms to the Civil Code regarding domestic violence.
The reform incorporated domestic violence as a delito sexual (or sexual crime; before
it was considered only as injuria
or injury),� and the
violence committed by the husband now is considered a delito.� Domestic violence now can be used as grounds
for divorce.
[50]
� Despite this new law, women �s NGOs are aware
of the cultural issues involved in the enforcement of this
law.� A� battered
woman who wants to report the incident to the police, often
faces pressure and threats from her husband who reminds her
of the effort he has made in �supporting� her financially,
and how difficult it would be for her to live without her
husband�s support.� Obviously,
in cases of women who do not work, this type of pressure is
effective, and they typically withdraw charges against their
husbands.
[51]
Abortion
Although
the Mexican constitution guarantees reproductive freedom and
does not explicitly prohibit abortion, most states forbid
it.� According to the
National Prenatal Institute, approximately 200,000 to 850,000
abortions are performed each year; some international organizations
and NGOs say the number may be as high as two million.�
Women face six months to five years of imprisonment
for abortion,
[52]
and doctors who perform the procedure
face six-to eight-year imprisonment and a loss of their license.�
Every
year about 1,500 women die from trying to perform an abortion
on their own.
[53]
��Even though abortion is a serious public health
issue and its relatively high incidence is linked to a reluctance
to use birth control, which is prohibited by the influential
Catholic Church, there is no public debate about it and minimal
political and social support for its legalization.�
The Catholic Church and pro-life activists have not
made abortion a major issue, and anti-abortion demonstrations
are uncommon.� According
to Marta Lamas, director of the Information Group on Reproductive
Choice (GIRE), such a pro-life crusade is unnecessary because
of the cultural weight of Catholicism in Mexican society.
[54]
�In fact, politicians, doctors and even Mexican
feminists avoid the issue. Asked about abortion, Senator Amalia
Garc�a, who has fought for women�s rights for 20 years, responded
that she would not fight for its legalization.
�
Reproductive Health
Negligence
by medical personnel and coercion at reproductive health-care
centers are serious issues in Mexico.�
The largest number of complaints to the CNDH in 1995
involved negligence or abuse during childbirth and charges
of forced sterilization.
[55]
� The government�s �Woman�s Program,� designed
to monitor the situation, has been receiving an increasing
number of complaints since it was established in early 1990s.�
Grievances have grown from 14 in 1993 to 49 in 1995,
and were estimated to increase to more than 100 in 1997.
[56]
� One of the most noteworthy cases involves a
woman who, following the Cesarean birth of her third child,
found that one of her thumbs was stained.�
She was subsequently informed that while she was unconscious,
her thumb print was used to obtain her �consent� for sterilization.
[57]
CNDH and several NGOs recommended
that the government mandate special training programs for
medical personnel and establish medical review boards to eliminate
these abuses, but it is unknown whether any such programs
have been instituted. While general reproductive health has
improved, as indicated by declining infant mortality rates
and an increase in breastfeeding, the rate of maternal deaths
has remained steady since 1993 at 5.8 per 10,000.
[58]
��
HIV/AIDS
Mexico
ranks third in the Western Hemisphere in the number of reported
HIV/AIDS cases,
[59]
and women constitute about fifteen
percent of all cases.
[60]
�It is estimated that at least 400,000 people
in Mexico carry HIV.
[61]
�While AIDS cases among Mexican women in the
mid-1980s were mainly associated with blood transfusion,� sixty four percent of new cases are traced
to heterosexual transmission.
[62]
�In fact, the heterosexually transmitted epidemic
has been increasing twice as fast as cases related to blood
transfusion in recent years and it is expected to dominate
AIDS epidemiology in the future.�
While
women are biologically more vulnerable to HIV/AIDS than men,
in Mexico their social and cultural status makes it even more
difficult for them to defend themselves against the risks
of infection.� Women�s
economic, social and cultural subordination to their sexual
partners, the result of machismo, makes it more difficult for them
to �assess their infection risk and negotiate taking preventive
measures.�
[63]
�AIDS
researchers in Mexico have called for better design of preventive
measures that would empower women and enable them to protect
themselves, even without their partner�s awareness.�
They called for the promotion of education among young
heterosexual couples on how to discuss and negotiate sexual
issues and preventive measures.� But Alicia Molina of the Interdisciplinary Center for Study and
Research in Mexico City said the country�s educational system
does not have an adequate sex education program, as it is
limited to biological and medical topics and fails to deal
with important psychological implications and social aspects
of sexuality.
[64]
� Conservative sectors of society, particularly the Catholic
Church hierarchy, have been campaigning to make sex education
exclusively a parental responsibility � a misguided proposition,
since parents themselves often lack adequate information.�
Partly as a result of this pressure, there is no sex
education program for adolescents, and the 1995-2000 program
of educational development does not mention sex education
in curricula.
[65]
�� The church and antichoice groups have demanded
that condoms distributed through Mexico�s AIDS prevention
program carry a warning label stating, �use of this product
is harmful to health.�
[66]
Rural Women
According
to women�s NGOs, contagious illness, inadequate nutrition,
and reproductive health problems are 2.2 times higher per
inhabitant in rural areas than among the urban population.
[67]
� The main program for supporting rural women,
Progresa, (Program
for Education, Health, and Nutrition), gives an amount of
money bimonthly for the education of children and for food.
Women who receive this benefit are forced to visit the hospital
once a month to attend a class about health.� According to NGOs, these classes do not address the reality of rural
women and are not helpful.�
Moreover, these women are often expected to do favors,
such as clean the clinic and cook for the physician.��
These women and their families are allocated one day
for a consultation with the physician. The appointment is
set without regard to their and their family�s health, and
the frequency of these appointments varies from every three
to six months.� If
an illness is diagnosed, they are responsible for buying their
own medication, which they often cannot afford.
[68]
COVENANT ARTICLE 13: Right to Education
In
1997, the adult literacy rate in Mexico stood at 90.1 percent.
The adult literacy rate for women is 87.9 percent, while for
men it is 92.3.
[69]
�Women
comprise the majority of the illiterate population (62 percent).
[70]
� Even though education is compulsory for boys
and girls between six and 18 years old, only 40� percent of women have more than primary education, and 15 percent
have no education at all.�
This measure is considerably higher for indigenous
populations.� For instance, 46 percent of indigenous women compared to 37 percent
of indigenous men do not have formal education.
[71]
In
higher education, there is a clear divide between male and
female professions: 45� percent of students in literature and fine arts and 42 percent of
history majors are women.�
In technical areas, such as engineering, computing,
and chemistry, women constitute only 14 percent of the students.
[72]
PREVIOUS REVIEW BY CESCR:
Concluding observations of the Committee on Economic, Social and Cultural
Rights: Mexico. 5 January 1994 ( E/C.12/1993/16)
No recommendations concerning women were issued by this Committee.
REVIEWS BY OTHER UN HUMAN RIGHTS MECHANISMS:
Concluding observations of the Human Rights Committee: Mexico. 27 July
1999 (CCPR/C/79/Add.109)
Concerns and recommendations:
�
The Committee is concerned about the situation of street children,
which is constantly worsening. These are the children who
are at greatest risk of sexual violence and who are exposed
to the practices of sexual trafficking.�
Take effective measures for the protection and rehabilitation
of these children in accordance with article 24 of the Covenant,
including measures to end prostitution, child pornography
and the sale of children.
�
The Committee is concerned at the level of violence against
women, including the many reported cases of abduction and
murder which have not led to the arrest or trial of the perpetrators
and the many allegations of rape or torture by the security
forces of women in detention which the latter are fearful
of reporting.� Take
effective measures to protect the security of women, to ensure
that no pressure is brought to bear on them to deter them
from reporting such violations and to ensure that all allegations
of abuse are investigated and the perpetrators brought to
justice.
�
The Committee is concerned by information to the effect that
Mexican women seeking employment in foreign enterprises in
the frontier areas of Mexico ("maquiladoras") are
subjected to pregnancy tests and required to respond to intrusive
personal questioning, and that some women employees have been
administered anti-pregnancy drugs. It is also concerned that
those allegations have not been seriously investigated.� Take measures to investigate all such allegations
with a view to ensuring that women whose rights to equality
and to privacy have been violated in this way have access
to remedies and to preventing such violations from recurring.
�
Approve measures to ensure equality of opportunity for women,
their full participation in public life in conditions of equality
and the removal of all remaining discriminatory provisions
in regard to marriage, divorce and remarriage.
Concluding observations of the Committee on the Elimination of Discrimination
against Women: Mexico. 14 May 1998 (A/53/38).
Suggestions and recommendations:
�
Continue efforts to reduce poverty among rural women, particularly
indigenous women, and to work together with non-governmental
organizations, making special efforts to promote education,
employment and health programs conducive to the integration
of women into the development process, both as beneficiaries
and as protagonists.�� In view of the relatively high growth levels of the Mexican economy
that have been mentioned, the Committee would welcome a more
equitable redistribution of wealth among the population.
�
Evaluate areas, such as the private sector, that are not covered
by affirmative action and, in its next report, submit a consolidated
evaluation of all affirmative-action initiatives.
�
Provide more information about existing mechanisms to enable
women to seek redress from the courts on the basis of the
Convention.
�
Continue to monitor compliance with labor laws in the factories
and pursue the work of raising awareness among factory employers.
�
Continue its institutional intervention to persuade public
land (ejido) assemblies
to allocate to women the parcels of land to which they are
entitled.
�
Consider revising the legislation criminalizing abortion and
weigh the possibility of authorizing the use of the RU486
contraceptive, which is cheap and easy to use, as soon as
it becomes available.
�
Give information in the next report on the impact of programs
to reduce and prevent teenage pregnancy.
�
Introduce training for health personnel with regard to women's
human rights, and particularly their right, freely and without
coercion, to choose means of contraception.
�
Continue to work for the adoption of nationwide legislation
on all forms of violence against women, including domestic
violence, adjusting state laws to national laws.
�
Consider the possibility of implementing an integrated, long-term
plan for combating violence. Such a plan could include taking
legal action, training judicial, law enforcement and health
personnel, informing women about their rights and about the
Convention and strengthening victims' services.
�
Take strong action against persons who commit violence against
women, and that it should be made easier for women to bring
court action against offenders.
�
Address the matter of whether it intends to legalize prostitution
and whether this issue has been subject to public debate in
its next report. New legislation should not discriminate against
prostitutes but should punish pimps and procurers.
�
Amend legal penalties for rape and ensure their implementation.�
Conduct rape awareness campaigns for non-governmental
organizations and legislators.
�
Take action against employers who discriminate against women
on grounds of pregnancy. The women concerned should be supported,
and society sent a clear signal that such discrimination is
not to be tolerated.
�
Provide information in the next report on the avenues of appeal
open to women who, upon a division of property in divorce,
suffer economically despite their contribution to the family's
assets.
�
Provide information in the next report on women who migrate
abroad, where they go and whether any authorized agency regulates
such migration.
�
Provide comparative data on men's and women's access to pensions
and the minimum amount of such pensions.
�
Provide information on whether homosexuality is penalized
in the criminal code.
�
Provide information on women heads of rural enterprises and
on programs for the economic advancement of rural women.
�
Introduce education programs on the provisions of the Convention
and the rights of women for judicial personnel, law enforcement
officers, lawyers and others who are responsible for applying
the law. Take further steps to increase the numbers of women
at all levels of the judiciary and law enforcement agencies.
�
Conduct campaign to educate women about the content of the
Convention, alerting them to their economic, political, civil
and cultural rights.
�
Include systematic statistics in future reports in order to
facilitate a dialogue with the Committee on women's de facto situation. In particular, the
Committee requests data on the implementation of the information
system that is beginning to be applied.
�
Pay special attention to safeguarding the human rights of
women, including indigenous women and women in conflict zones,
especially where police and armed forces are operating.
�
Review legislation in all states of Mexico so that, where
necessary, women are granted access to rapid and easy abortion.
�
Disseminate widely the present concluding comments, in order
to make the people of Mexico, and particularly its government
administrators and politicians, aware of the steps that have
been taken to ensure de
facto equality for women and the further steps required
in this regard.�� Continue to disseminate widely, and in particular to women's and
human rights organizations, the Convention, the Committee's
general recommendations and the Beijing Declaration and Platform
for Action.
Concluding observations of the Committee against Torture: Mexico. 2 May
1997 (A/52/44.)
No recommendations concerning women were issued by this Committee.
Concluding observations of the Committee on the Elimination of All Forms
of Racial Discrimination: Mexico. 22 September 1995 (A/50/18).
No recommendations concerning women were issued by this Committee.
Concluding observations of the Committee on the Rights of the Child: Mexico.
7 February 1994 (CRC/C/15/Add.13).
Recommendations:
�
Adopt urgent measures to combat discrimination against children
belonging to the most vulnerable groups, in particular children
subject to abuse or violence within the family, children living
and/or working in the streets and children belonging to indigenous
communities, including measures to eliminate and prevent discriminatory
attitudes and prejudices such as those based on gender.
[1]
M. Delal Baer, �Misreading Mexico,� Foreign Policy, no. 108 (Fall 1997): 139.
[2]
Andrew Reding, Democracy
and Human Rights in Mexico, (New York: World Policy
Institute, May 1995), 13.
[3]
Mexico: Bajo la Sombra de la Impunidad, Amnistia Internacional,
9 March 1999, available at www.derechos.org/nizkor/mexico/informes.html.
[4]
Diego Cevallos, �Mexico-Rights: Strained Relations
Between Government, NGOs,� Inter
Press Service, 14 October 1997, Nexis, 20 October 1997.
[5]
�Mexico: Widespread Torture and ill-treatment Continues
Despite Government�s Professed Commitment to End this Atrocious
Crime,� Amnesty International
News Release , no. 68/97, 30 April 1997.
[6]
Cevallos, �Mexico-Human Rights: Watch Out for the Police,
Rights Groups Say.�
[7]
�Mexico, Colombia Lead Latin America in Slain Journalists,�
Agence France-Presse
(check spelling), 4 September 1997.
[8]
Mark I. Pinsky, �Living Dangerously; Journalism in
Mexico; Includes Report on Imprisoned Journalists,� The Quill� (May 1997), Nexis,
20 October 1997.
[9]
�Preliminary Overview of the Economies of Latin America
and the Caribbean, 1998�. Economic Commission for Latin
America and the Caribbean, (ECLAC), Santiago, Chile, December
1998.
[10]
The share of income for the richest ten percent decreased
from 36.9 percent in 1989 to 33.7 percent in 1996.� The Gini index decreased from 0.42 in 1989
to 0.39 in 1996, and the ratio between the median income
of the extreme percentiles decreased from 15.0 to 11.6.
[11]
John Ward Anderson, �In Mexico�s Crime Wave, Police
Often are the Cause, Not the Solution,� Washington
Post, 30 September 1997, Nexis, 20 October 1997.
[13]
Noam Chomsky, �Notes of NAFTA: The Masters of Mankind,�
Documents on Mexican
Politics, available at http://daisy.uwaterloo.ca/~alopez-o/pol-ind.html/,
accessed 31 October 1997.
[14]
Sam Dillon, �In Mexico, Balloting Will Test Authoritarian
System,� New York
Times, 6 July 1997, on-line.
[15]
�Maquiladora Jobs Up,� Arizona Republic, 1 October 1997, Nexis, 20 October 1997.
[16]
� Mexico/Maquiladoras/Exports Increase to 4,001 million,�
Notimex, 17 September
1997, Nexis, 23 October 1997.
[17]
Diego Cevallos, �Mexico-Economy: Social and Environmental
Costs of Maquila Boom,� Inter
Press Service, 15 July 1997, Nexis, 20 October 1997.
[18]
Patricia Galeana, �La Violencia Intrafamiliar como
Delito Tipificado. Un proyecto Pendiente, � in�
Comisi�n Nacional de Derechos Humanos, Memoria de la Reuni�n Nacional sobre Derechos Humanos de la Mujer Mexicana,
November 1995, 16.
[19]
Naomi Neft and Ann D. Levine, Where Women Stand: An International Report on the Status of Women in 140
Countries (1997-1998) (New York: Random House, 1997).
[20]
U.S. Department of State, Mexico Country Report on Human Rights Practices for 1996.
[21]
�Mexico Labour: Maquilas Put Spotlight on Workers�
Rights, Ethics,� Economist
Intelligence Unit, 29 July 1997, Nexis, 31 October 1997.
[22]
Cevallos, �Mexico-Economy: Social and Environmental
Costs of Maquila Boom.�
[23]
International Confederation of Free Trade Unions, 1997 Annual Survey of Violations of Trade
Union Rights, 58-59.
[24]
ECLAC, �Panorama Social de America Latina y El Caribe,
1998.�
[26]
United Nations Development Programme (UNDP), Human Development Report 1999� (July 1999).
[27]
Naomi Neft and Ann D. Levine.
[28]
Andres Oppenheimer and Lucy Conger, �Mexican Women
Unite in a Demand for Rights,� Pittsburgh
Post-Gazette, 18 August 1997, Nexis, 27 October 1997.
[29]
Human Rights Watch , Human Rights Watch World Report 1999 (New York, Washington, London,
Brussels:Human Rights Watch, 1998):437.
[31]
Blanca Rubio, �Conferencia El Domio desarticulado de
la Industria sobre la agriculatura: la fase agroexportadora
excluyente� Red Nacional de Promotoras y Asesoras Rurales,
Mexico, February, 1999.
[32]
Red Mexicana de Acci�n Frente al Libre Comercio. Mexico,
1997.
[33]
Rosaaurora Espinosa Gomez, e-mail correspondence with
IWRAW correspondence, 4 October 1999.
[34]
International Confederation of Free Trade Unions, 1997 Annual Survey of Violations of Trade
Union Rights (Brussels: International Confederation
of Free Trade Unions, 1997), 58.
[35]
Andrew Reding, Democracy
and Human Rights in Mexico, (New York: World Policy
Institute, May 1995), 39-40.
[36]
Naomi Neft and Ann D. Levine.
[37]
Rosaaurora Espinosa Gomez, e-mail correspondence with
IWRAW correspondence, 4 October 1999.
[38]
ECLAC, �Panorama Social de America Latina, 1998.�
[40]
United Nations Development Programme (UNDP), Human Development Report 1999� (July 1999).
[41]
Diego Cevallos, �Mexico-Women: Suicide of Young Rape
Victim Spurs New NGO,��
Inter Press Service, 15 October 1997, Nexis,
27 October 1997.
[42]
Julia Preston, �A Woman�s Shooting of Attacker Rivets
Mexico,� New York
Times, 5 February 1997, A3.
[43]
Elena Poniatowska, �Women�s Battle for Respect Inch
by Inch; Each Small Victory is Big News in the Struggle
for Respect in a Society Where Mother�s Day Means the Gift
of a New Mop,� Los Angeles Times, Op-Ed, 8 September 1997, Nexis, 27 October 1997.
[44]
Preston, �A Woman�s Shooting of Attacker Rivets Mexico,�
A3.
[45]
�Mexico Rape-Suicide Causes Fallout,� Associated Press,
29 August 1997, Nexis, 20 October 1997.
[46]
�Mexico Prosecutor Resigns Amid anger Over a Rape-Suicide,�
Chicago Tribune,
31 August 1997, Nexis, 20 October 1997.
[47]
Eduardo Molina y Vedia, �Mexico: Supreme Court Legitimises
Rape of Spouses, Critics Say,��
Inter Press
Service, 16 June 1997, Nexis, 20 October 1997.
[48]
Naomi Neft and Ann D. Levine.
[49]
Minnesota Advocates for Human Rights, �Report of Mission
to Mexico,� (Minneapolis, MN:Minnesota Advocates for Human
Rights, April 1996, photocopied).
[50]
Rosaaurora Espinosa Gomez, e-mail correspondence with
IWRAW correspondence, 4 October 1999.
[52]
Centro Legal para Derechos Reproductivos y Pol�ticas
P�blicas, Mujeres
del Mundo: Leyes y Pol�ticas que Afectan sus Vidas Reproductivas
Am�rica Latina y el Caribe� (New York: CRLP, November 1997), 159.
[53]
Louise Palmer, �Mexico; The �Double Moral� that Keeps
Abortion Off the Political Agenda,� Los
Angeles Times, 24 August 1997, Nexis, 27 October 1997.
[55]
US Department of State, Mexico Country Report on Human Rights Practices for 1996 (Washington,
D.C.: Bureau of Democracy, Human Rights, and Labor, February
1997).
[56]
Zoraida Portillo, �Population: Reproductive Rights
Lacking in Latin America,� Inter
Press Service, 26 May 1997, on-line.
[58]
Molina y Vedia, �Health-Mexico: Maternal Deaths Mar
Improved Reproductive Health.�
[59]
�World Bank Loan Assists Argentina to Fight AIDS,�
Xinhua News Agency, 23 May 1997, Nexis,
31 October 1997.
[60]
Aurora del Rio Zolezzi and others, eds., �La Epidemia
de VIH/SIDA y la Mujer en Mexico,�� Salud P�blica de M�xico , vol. 37, no.
6 (Noviembre-Diciembre de 1995): 581-591.
[61]
�Archbishop, Antichoice Group Call for Warning Labels
on Condoms,� In Catholic
Circles (Washington, DC: Catholics for Free Choice)
vol. 2, no. 4 (July-August 1997), 5.
[62]
Aurora del Rio Zolezzi and others, eds., �La Epidemia
de VIH/SIDA y la Mujer en Mexico,�� Salud P�blica de M�xico , vol. 37, no.
6 (Noviembre-Diciembre de 1995): 581-591.
[64]
Molina y Vedia, �Health-Mexico: Maternal Deaths Mar
Improved Reproductive Health,� Inter
Press Service, 25 May 1997, Nexis, 31 October 1997.
[65]
Centro Legal para Derechos Reproductivos y Pol�ticas
P�blicas, Mujeres
del Mundo: Leyes y Pol�ticas que Afectan sus Vidas Reproductivas
Am�rica Latina y el Caribe, 165.
[66]
�Archbishop, Antichoice Group Call for Warning Labels
on Condoms,� In Catholic
Circles, 5.
[67]
Rosaaurora Espinosa Gomez, e-mail correspondence with
IWRAW correspondence, 4 October 1999.
[69]
ECLAC, �Panorama Social de America Latina, 1998.�
[70]
Naomi Neft and Ann D. Levine.
