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Mexico

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Federal law criminalizes the rape of men and women, including spousal rape, and conviction carries penalties of up to 20 years’ imprisonment. Spousal rape is criminalized in 26 of the 32 states. Between January and June, state authorities opened 10,458 new rape investigations. There were high rates of impunity for these crimes, consistent with high impunity rates for all crimes.

Federal law prohibits domestic violence and stipulates penalties for conviction of between six months’ and four years’ imprisonment. Of the 32 states, 29 stipulate similar penalties, although sentences were often more lenient. Federal law criminalizes spousal abuse. State and municipal laws addressing domestic violence largely failed to meet the required federal standards and often were unenforced. In June the government amended the General Law on Women’s Access to a Life Free of Violence to include media and digital violence as a form of violence against women.

According to the National Institute of Statistics and Geography (INEGI) 2016 survey, 18 percent of women ages 15 and older reported having experienced physical violence at the hands of their current or most recent partner, and 6.5 percent reported having experienced sexual violence. The increase in domestic violence cases that began during the start of the COVID-19 pandemic continued. The Executive Secretariat of the National Public Security System reported 23,907 domestic violence cases in May, an all-time monthly record. Between January and June, state authorities opened 129,020 new domestic violence investigations.

In March authorities in Mexico City opened an investigation based on allegations of rape against Andres Roemer, a prominent writer, producer, consular officer, and former UNESCO goodwill ambassador. Since 2019 more than 60 women accused Roemer of sexual abuse, assault, and rape. In July the Mexico City Prosecutor General’s Office issued the fourth arrest warrant for Roemer. Authorities were attempting to extradite Roemer from Israel.

The Executive Secretariat of the National Public Security System reported more than 1,889 killings of women, including 672 femicides, from January to September. September had the highest incident rate, with an average of 84 women killed in each month. The 911 hotline received 139,554 calls reporting incidents of violence against women from January to June, an increase of 6 percent over the same months in 2020. The 27,751 calls to the hotline in May were the most since the creation of the hotline. Calls included reports of relationship aggression, sexual assault, sexual harassment, rape, and intrafamily violence. The National Shelter Network reported that the network assisted 12,000 women and children between January and August.

Femicide is a federal offense punishable by 40 to 70 years in prison. It is also a criminal offense in all states. The law describes femicide as a gender-based murder under any of the following seven circumstances: signs of sexual violence, previous violence, emotional connection to the perpetrator, previous threats, harassment history, victim held incommunicado prior to deprivation of life, or victim’s body exposure in a public place. According to National Security Secretariat statistics, between January and June, state-level prosecutors and attorneys general opened 495 femicide investigations throughout the country, exceeding the 477 state-level femicide investigations opened in the first half of 2020 (statistics from state-level reports often conflated femicides with all killings of women).

The National Commission to Prevent and Eradicate Violence against Women is responsible for leading government programs to combat domestic violence. Reforms to the Prosecutor General’s Office split the Office for Combating Violence Against Women and the Trafficking in Persons offices in an effort to elevate these issues by giving each its own special prosecutor general. Between January and June, the commission registered that 115,534 women received attention in Justice Centers for Women throughout the country, a 19 percent increase over the same period in 2020.

In addition to shelters, women’s justice centers provided services including legal, psychological, and protective; however, the number of cases far surpassed institutional capacity. According to multiple NGOs, due to COVID-19’s impact on the economy, funding sources for women’s shelters, including for indigenous women, were insufficient. Federal government funding for women’s shelters for the year was the same as in 2020. Federal funding assisted the operation of more than 69 shelters, external attention centers, emergency houses, and transition houses. NGOs operated 85 percent of the facilities, and government organizations operated the remaining 15 percent.

Sexual Harassment: Federal law prohibits sexual harassment and provides for fines from 250 to 5,000 times the minimum daily wage, but the law was not effectively enforced. Of the 32 states, 24 criminalize sexual harassment, and all states have provisions for punishment when the perpetrator is in a position of power. According to the National Women’s Institute, the federal institution charged with directing national policy on equal opportunity for men and women, sexual harassment in the workplace was a significant problem.

On February 6, the federal Law Against Digital Harassment took effect. The law criminalizes sharing, distributing, and publishing intimate sexual content (including photographs, audio, and videos) featuring individuals who have not explicitly given their consent, with penalties of up to six years in prison. Women’s rights activists supported the law as critical to combat the increasingly prevalent problem of online sexual harassment. In April authorities arrested and prosecuted Alexis Rafael Valadez Vazquez under the new law for publishing intimate photographs of women online, without their consent, to extort them.

Reproductive Rights: There were no confirmed reports of coerced abortion or involuntary sterilization on the part of government authorities.

Federal authorities supported access to contraceptive methods, but states’ efforts varied widely. Barriers to accessing contraceptives stemmed from lack of knowledge, poverty, lack of access to health services, and sexual violence from family members, strangers, or friends. An Institute for Health Metrics and Evaluation study on the use of contraceptives in Chiapas (the poorest state) found that older women were less likely to use family planning methods (13 percent of women ages 35 and older, versus 18 percent of women ages 20-34), while 23 percent of indigenous women opposed birth control for religious, cultural, or social reasons. The National Population Council estimated that in 2020 and 2021, a total of 1,172,000 women had limited access to contraceptives due to COVID-19. The National Population Council reported that in 2020 there were 373,661 pregnancies in women younger than age 19 (30 percent above 2019), of which 8,876 were in girls ages 14 or younger. The states with the most teenage pregnancies were Chiapas, Coahuila, and Guerrero, and Tabasco. Sometimes family members arranged marriages for girls younger than 18. INEGI found that 53 percent of women of reproductive age used modern contraception in 2018 (the most recent study).

By law government health providers are obliged to offer sexual and reproductive emergency health services for survivors of sexual violence within 120 hours of the sexual assault. Emergency contraception was available, including for survivors of sexual assault. Nevertheless, women nationwide faced obstacles to accessing emergency services due to health providers’ personal objections to emergency contraception or misunderstanding of their legal obligations to provide services.

Factors associated with maternal deaths included parents with lower levels of education, poor hospital infrastructure and human capacity, and lack of access to maternity care, especially for pregnant women living in rural areas. Southern states reported the lowest access to skilled health care during pregnancy due to geographic, financial, and cultural barriers. In rural areas in 2019, the cause of most maternal deaths was obstetric hemorrhage.

Discrimination: The law provides women the same legal status and rights as men and “equal pay for equal work performed in equal jobs, hours of work, and conditions of efficiency.” The law establishes penalties for discrimination based on gender, race, ethnicity, color, religion, language, pregnancy, political belief, or any other nature that violates human dignity. The government did not enforce the law effectively. Women tended to earn substantially less than men did for the same work. Women were more likely to experience discrimination in wages, working hours, and benefits.

According to the Organization for Economic Cooperation and Development, the median salary for full-time female employees was 19 percent less than that of full-time male employees. Only 7.5 percent of the members of the executive boards of publicly traded domestic companies were female, and men held 64 percent of managerial positions throughout the country. According to INEGI’s 2016 National Survey on the Dynamics of Household Relationships, 22 percent of working women reported experiencing labor discrimination within the previous 12 months.

Children

Birth Registration: Children derive citizenship both by birth within the country’s territory and from their parents. Citizens generally registered the births of newborns with local authorities. Failure to register births could result in the denial of public services such as education or health care.

Child Abuse: There were numerous reports of child abuse. The National Program for the Integral Protection of Children and Adolescents, mandated by law, is responsible for coordinating the protection of children’s rights at all levels of government.

As of August there were no developments in the case regarding the abduction and killing of seven-year-old Fatima Aldrighetti Anton. Authorities arrested Mario Reyes and Gladis Cruz in connection with the killing. In November 2020 a judge suspended five officials from the Mexico City Prosecutor General’s Office for failing to search for Fatima within 72 hours after she went missing.

Child, Early, and Forced Marriage: The legal minimum marriage age is 18. Enforcement, however, was inconsistent across the states. All states prohibit marriage of persons younger than age 18. With a judge’s consent, children may marry at younger ages.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, and authorities generally enforced the law. Nonetheless, NGOs and media reported on sexual exploitation of minors, as well as child sex tourism in resort towns and northern border areas. Government authorities also reported an increase of 73 percent in online child pornography distribution during the pandemic. In April the government passed a penal code reform eliminating the statute of limitations for sexual crimes against minors, including child pornography distribution, child sex tourism, corruption of minors, pederasty, sexual abuse, and rape.

Institutionalized Children: Civil society groups expressed concern regarding abuse of children with mental and physical disabilities in orphanages, migrant centers, and care facilities. The NGO Disability Rights International reported various instances of abuse, including the use of prolonged restraints and isolation rooms for children with disabilities in both public and private institutions. According to the NGO, institutional staff in Baja California reported that four children with disabilities died within days of each other with no known investigations. The NGO also reported the existence of multiple unregistered private institutions without licenses operating as orphanages.

In May 2020 the CNDH reported that children were subjected to abuses such as torture, sexual violence, and cruel, inhuman, or degrading treatment at Ciudad de los Ninos, a private institution in Salamanca, Guanajuato. Despite a 2017 injunction issued by a state district judge to prevent further grave abuses at the institution, the CNDH reported state authorities failed to supervise the conditions at Ciudad de los Ninos.

International Child Abductions: The country is party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.

Persons with Disabilities

Federal law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not effectively enforce the law. The law requires the Secretariat of Health to promote the creation of long-term institutions for persons with disabilities in distress, and the Secretariat of Social Development must establish specialized institutions to care for, protect, and house poor, neglected, or marginalized persons with disabilities. NGOs reported authorities had not implemented programs for community integration. Public buildings and facilities often did not comply with the law requiring access for persons with disabilities.

In 2019 the federal government introduced pensions for persons with disabilities in a state of poverty. In May 2020 a constitutional amendment established the disability pension as a constitutional right, prioritizing children, indigenous, and Afro-Mexican persons with disabilities younger than age 64 who lived in poverty. The pension was 2,550 pesos ($125) every two months. In August the federal government signed a public-private partnership agreement with the Teleton Institute for it to provide rehabilitation services to 20,000 pension-receiving children.

The education system provided education for students with disabilities nationwide. Nevertheless, only 2 percent of schoolteachers in the country were trained to teach children with disabilities, according to the civil society organization Yo Tambien. with disabilities attended school at a lower rate than those without disabilities. Enrollment of children with disabilities decreased by 40 percent during the COVID-19 pandemic, according to Yo Tambien.

Abuses occurred in institutions and care facilities housing persons with mental disabilities, including those for children. Abuses of persons with disabilities included the use of physical and chemical restraints; physical and sexual abuse; human trafficking, including forced labor; disappearance; and the illegal adoption of institutionalized children. They were vulnerable to abuse from staff members, other patients, or guests at facilities where there was inadequate supervision. Documentation supporting a person’s identity and origin was lacking. Access to justice was limited. NGOs reported no changes in the mental health system to create community services or any efforts by authorities to have independent experts monitor human rights abuses in psychiatric institutions.

Institutionalized persons with disabilities often lacked adequate medical care and rehabilitation services, privacy, and clothing; they often ate, slept, and bathed in unhygienic conditions. For example, Felipe Orozco, hospitalized multiple times for mental disabilities, reported that mental health professionals from a psychiatric hospital in Puebla shackled him naked with a padlock during the nights for two and one-half weeks. As a result he was forced to urinate and defecate in his bed, according to Human Rights Watch.

Voting centers for federal elections were generally accessible for persons with disabilities, and ballots were available with a braille overlay for federal elections in Mexico City, but these services were inconsistently available for local elections elsewhere in the country.

Section 7. Worker Rights

e. Acceptable Conditions of Work

Wage and Hour Laws: The tripartite National Minimum Wage Commission is responsible for establishing minimum salaries. In January 2020 the government raised the minimum wage. The new wage applied to all sectors and allowed an earner to reach or exceed the poverty line. In March the government amended federal labor law to define the minimum wage as the lowest cash amount a worker receives for services rendered during a workday and stipulated it should never be below the inflation rate. Most formal-sector workers (70 percent) received between one and three times the minimum wage.

Federal law sets six eight-hour days and 48 hours per week as the legal workweek. Any work in excess of eight hours in a day is considered overtime, for which a worker is to receive double pay. After accumulating nine hours of overtime in a week, a worker earns triple the hourly wage. The law prohibits compulsory overtime. The law provides for eight paid public holidays and one week of paid annual leave after completing one year of work.

Between September 2020 and June, the STPS reported conducting labor inspections in 22,350 work centers nationwide benefiting more than three million workers. Civil society organizations, however, reported that the number of labor inspections was not sufficient to secure compliance. There were 600 federal labor inspectors to cover the entire country; 60 percent of state level labor authorities had fewer than 10 inspectors. Criminal cases related to such violations were rarely carried out. Penalties for law violations regarding hours and minimum wage were commensurate with those for other similar laws but were rarely enforced.

According to labor rights NGOs, employers in all sectors sometimes used the illegal “hours bank” approach – requiring long hours when the workload is heavy and cutting down hours when it is light – to avoid compensating workers for overtime. This was a common practice in the maquiladora sector, in which employers forced workers to take leave at low moments in the production cycle and obliged them to work in peak seasons, including the Christmas holiday period, without the corresponding triple pay mandated by law for voluntary overtime on national holidays.

Many companies evaded taxes and social security payments by employing workers through subcontracting regimes or by submitting falsified payroll records to the Mexican Social Security Institute. On April 24, congress approved a reform to the labor law aimed at banning subcontracting of personnel for core or main economic activities in the public and private sectors. Subcontracting is allowed if it is used to perform specialized services unrelated to the main economic activity of businesses or public institutions. The law mandates the creation of a public registry of companies supplying specialized services to verify only registered companies fulfilling tax and administrative requirements may supply those services. According to the Mexican Social Security Institute, as a result of the law 2.7 million workers of the 4.6 million subcontractors moved from formal subcontracting status to a formal direct employment status. Approximately 23 percent of informal workers (6.8 million persons) were employed by formal businesses or organizations but paid in cash off the books to evade taxes and social security payments.

Observers from grassroots labor rights groups, international NGOs, and multinational apparel brands reported that employers in export-oriented supply chains increasingly used hiring methods that lessened job security. For example, manufacturers commonly hired workers on one- to three-month contracts and then waited a period of days before rehiring them on new short-term contracts to avoid paying severance and to prevent workers from accruing seniority. This practice violated federal law and restricted workers’ rights to freedom of association and collective bargaining. Observers noted that it also increased the likelihood of work-related illness and injury. Outsourcing practices made it difficult for workers to identify their legally registered employer, thus limiting their ability to seek redress of labor grievances.

Citizens hoping to obtain temporary, legal employment in the United States and other countries frequently paid recruiters hundreds or thousands of dollars in prohibitive fees to secure jobs, and many prospective workers were promised jobs that did not exist. The government rarely investigated cases of alleged abusive and fraudulent recruitment practices. Although the law requires entities recruiting for overseas employment to register with the STPS, there is no enforcement mechanism, and only a handful of recruiters complied.

The situation of agricultural workers remained particularly precarious, with similar patterns of exploitation throughout the sector. Labor recruiters enticed families to work during harvests with verbal promises of decent wages and a good standard of living. Rather than receiving daily wages once a week, as mandated by law, day laborers had to meet certain harvest quotas to receive the promised wage. Wages were illegally withheld until the end of the harvest to ensure that the workers did not leave. Civil society organizations alleged that workers were prohibited from leaving by threats of violence or by nonpayment of wages. Workers had to buy food and other items at the company store at high markups, at times leaving them with no money at the end of the harvest after settling debts. Civil society groups reported families living in inhuman conditions, with inadequate and cramped housing, no access to clean water or bathrooms, insufficient food, and without medical care. With no access to schools or child care, many workers took their children to work in the fields.

Occupational Safety and Health: The law requires employers to observe occupational safety and health regulations, issued jointly by the STPS and Institute for Social Security. Legally mandated joint management and labor committees set standards and are responsible for overseeing workplace standards in plants and offices. Individual employees or unions may complain directly to inspectors or safety and health officials. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. The STPS has the authority to order labor inspections at any time in the event of labor law violations, imminent risk to employees, or workplace accidents. Penalties for law violations regarding occupational safety and health regulations were commensurate with those for other similar laws but were rarely enforced.

News reports indicated poor working conditions in some factories. These included low wages, contentious labor management, long work hours, unjustified dismissals, a lack of social security benefits, unsafe workplaces, and no freedom of association. Many women working in the industry reported suffering some form of abuse.

According to data from the Mexican Social Security Institute, in 2020 there were approximately 278,000 workplace accidents, resulting in 666 deaths.

Hundreds of thousands of workers continued to work in foreign-owned factories, mainly in northern border states, producing electronics, medical equipment, and auto parts. Several outbreaks of COVID-19 resulted in multiple deaths. Some companies reportedly did not implement effective protective measures for employees, and one factory, owned by Eaton Corporation in Baja California, was operating illegally and was closed after it placed chains on its doors to prevent 800 workers from leaving.

Informal Sector: According to INEGI informal workers represented 56 percent of total workers in the country as of the second quarter of the year. Labor inspections focused on the formal sector, leaving informal workers with no labor law protection. Informal workers were in every sector of the economy, with agriculture as the sector with the greatest number of informal workers. While on average informal workers earned less than the minimum wage, in some areas, such as near the northern border, informal employment could pay more than formal employment in the manufacturing sector. Informal workers lacked access to social protection mechanisms such as health care and retirement benefits.

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