Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Federal law criminalizes rape of men and women, including spousal rape, and conviction carries penalties of up to 20 years’ imprisonment. Spousal rape is criminalized in 24 of the 32 states. There were high rates of impunity for these crimes, consistent with high impunity rates for all crimes.
On April 30, authorities arrested Jesus Guerra Hernandez, mayor of Ruiz, Nayarit, for rape of a minor. As of October 20, there was no further information on this case.
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.
The Executive Secretariat of the National Public Security System reported more than 1,600 killings of women, including 375 femicides, from January to June. April set a new record with 263 killings of women in one month. The 911 hotline received almost 108,800 calls reporting incidents of violence against women from January to May, an increase of 20.5 percent over the same months in 2019. The 26,000 calls to the hotline in March (the first month of the quarantine) were the highest number 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 the network sheltered more than 12,000 women and children, a 77 percent increase, compared with 2019. Nationwide 69 shelters were at maximum capacity, a 70 percent increase, compared with 2019.
In the first six months of the year, during COVID-19 stay-at-home orders, domestic violence cases in Nuevo Laredo increased by 10 percent, according to information published by the state prosecutor’s office.
In March thousands of women participated in a nationwide strike to protest gender-based violence and femicide, demanding government action. The government did not impede participation in the strike by government employees. In September feminist collectives occupied the CNDH’s headquarters in Mexico City, converting it into a shelter for victims. The collectives’ leaders claimed the CNDH had failed to defend women’s rights and provide adequate assistance to those in need. As of December the collectives continued to occupy CNDH headquarters.
Killing a woman because of her gender (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 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. According to National Security Secretariat statistics, in the first eight months of the year, prosecutors and attorneys general opened 549 investigations into cases of femicide throughout the country. (Statistics from state-level reports often conflated femicides with all killings of women.) The civil society group, Movement of Nonconforming Citizens, considered 279 of these cases met one or more of these characteristics.
The Special Prosecutor’s Office for Violence against Women and Trafficking in Persons in the Prosecutor General’s Office is responsible for leading government programs to combat domestic violence and prosecuting federal human trafficking cases involving three or fewer suspects. The office had 30 prosecutors, of whom nine were exclusively dedicated to federal cases of violence against women.
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 decreased. The government disbursed funding in March to more than 40 shelters and 30 attention centers, but in August shelter managers reported funding was running out. As a result some NGOs consolidated shelters, limited capacity, and predicted negative long-term impacts.
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, 16 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. Mexico City and the states of Chihuahua, Jalisco, Puebla, and Yucatan criminalize the distribution of “revenge pornography” and “sextortion.” Individuals may be prosecuted if they publish or distribute intimate images, audio, videos, or texts without the consent of the other party. The sentence ranges from six months to four years in prison.
Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children. The right of individuals to manage their reproductive health and to gain access to information and means to do so free from discrimination, coercion, or violence varies by state.
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 (Mexico’s poorest state) found older women were less likely to use family planning methods (13 percent of women ages 35 and up, 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 between 2020-2021, a total of 1,172,000 women had limited access to contraceptives due to COVID-19, leading to 145,000 pregnancies (20 percent above average), including 21,000 teenage pregnancies. The National Institute of Statistics and Geography found 53 percent of women of reproductive age used modern contraception in 2018 (latest study).
By law Mexican 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’ misunderstanding of their legal obligations to provide services or personal objections to contraception. The Information Group on Reproductive Choice NGO assisted 71 victims of rape who were denied legal abortions between 2012 and 2021.
Coercion in Population Control: There were no confirmed reports of coerced abortion or involuntary sterilization on the part of government authorities.
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 of one to three years in prison or 150 to 300 days of work 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.
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.
On February 11, seven-year-old Fatima Aldrighetti Anton was abducted from school. On February 15, her body was found in a plastic bag near Mexico City, showing signs of physical and sexual abuse. On February 19, authorities arrested the couple Mario Reyes and Giovana Cruz in connection with the killing. In November a judge suspended five officials from the Mexico City Attorney 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. Excluding Baja California, all states prohibit marriage of persons younger than age 18 by law. 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.
Statutory rape is a federal crime. If an adult is convicted of having sexual relations with a minor, the penalty is between three months’ and 30 years’ imprisonment depending on the age of the victim. Conviction for selling, distributing, or promoting pornography to a minor stipulates a prison term of six months to five years. For involving minors in acts of sexual exhibitionism or the production, facilitation, reproduction, distribution, sale, and purchase of child pornography, the law mandates seven to 12 years’ imprisonment and a fine.
Perpetrators convicted of promoting, publicizing, or facilitating sexual tourism involving minors face seven to 12 years’ imprisonment and a fine. Conviction for sexual exploitation of a minor carries an eight- to 15-year prison sentence and a fine.
Institutionalized Children: Government and civil society groups expressed concerns regarding abuse of children with mental and physical disabilities in orphanages, migrant centers, and care facilities.
On May 19, 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 in Ciudad de los Ninos.
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 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.
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.
The 67,000-person Jewish community experienced low levels of anti-Semitism, but there were reports of some anti-Semitic expressions through social media. Jewish community representatives reported good cooperation with the government and other religious and civil society organizations in addressing rare instances of such acts.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
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.
In February 2019 the federal government introduced pensions for persons with disabilities in a state of poverty. As of May, of the approximately seven million persons with disabilities in the country, 837,428 persons received the pension, according to the OHCHR. On May 8, 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 live in poverty.
NGOs reported no changes in the mental health system to create community services nor any efforts by authorities to have independent experts monitor human rights violations in psychiatric institutions. Public buildings and facilities often did not comply with the law requiring access for persons with disabilities. The education system provided education for students with disabilities nationwide. Children with disabilities attended school at a lower rate than those without disabilities. In October the Supreme Court of Justice agreed to hear the case of Elvia, a 10-year-old girl with disabilities. Elvia sued her school in Yucatan for failing to provide reasonable accommodation and discriminating against her. According to Elvia’s legal team, this was the first case of discrimination the Supreme Court was to consider concerning a person of short stature.
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 the person’s identity and origin was lacking. Access to justice was limited.
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 health conditions, reported 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.
The constitution provides all indigenous persons the right to self-determination, autonomy, and education. Conflicts arose from interpretation of the self-governing “normative systems” laws used by indigenous communities. Uses and customs laws apply traditional practices to resolve disputes, choose local officials, and collect taxes, with limited federal or state government involvement. Communities and NGOs representing indigenous groups reported the government often failed to consult indigenous communities adequately when making decisions regarding development projects intended to exploit energy, minerals, timber, and other natural resources on indigenous lands. The CNDH maintained a formal human rights program to inform and assist members of indigenous communities.
On September 3, the federal government agreed to reparations for the government’s role in the killing of 45 members of the Tzotzil tribe in Acteal, Chiapas, in 1997. Prosecutors found local government officials and police officers permitted the killings to occur and tampered with the crime scene.
Several indigenous communities denounced the government’s plan to build the Mayan Train, an estimated $7.5 billion dual cargo-passenger railroad to run across the Yucatan Peninsula, through indigenous lands. Several indigenous communities brought legal actions to oppose the construction, many of which were dismissed or denied. In December a judge suspended construction on the second section of the railroad until the conclusion of legal cases.
The CNDH reported indigenous women were among the most vulnerable groups in society. They often experienced racism and discrimination and were frequently victims of violence. Indigenous persons generally had limited access to health care and education services.
During the COVID-19 pandemic, indigenous persons faced additional hardships in accessing educational services. Due to low internet penetration and television ownership in indigenous communities, distance learning was often inaccessible. Additionally, some indigenous students did not receive the breakfasts and lunches normally included in the full-time school meal program, according to a UNESCO study.
Some 18 environmental activists were killed in 2019, compared with 14 in 2018, according to a Global Witness report. A majority of the victims came from indigenous communities.
In January prominent indigenous and environmental rights defender Homero Gomez disappeared and was later found killed. Gomez had advocated against illegal logging and the destruction of the Michoacan monarch butterfly habitat. As of October no arrests had been made in the case.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
According to the OHCHR, in the first six months of the year, there were 25 hate-crime homicides committed against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.
Federal law prohibits discrimination against LGBTI individuals. A Mexico City municipal law provides increased penalties for hate crimes based on sexual orientation and gender identity. Civil society groups claimed police routinely subjected LGBTI persons to mistreatment while in custody.
Discrimination based on sexual orientation and gender identity was prevalent, despite a gradual increase in public acceptance of LGBTI individuals, according to public opinion surveys. There were reports the government did not always investigate and punish those complicit in abuses, especially outside Mexico City. On July 24, Mexico City passed a local law to ban LGBTI conversion therapy. A CNDH poll conducted in 2019 found six of every 10 members of the LGBTI community reported experiencing discrimination in the past 12 months, and more than half suffered hate speech and physical aggression. In July the federal government’s National Commission to Prevent Discrimination wrote a letter condemning the Roman Catholic diocese of Mexicali for inciting homophobia by calling for anti-LGTBI protests.
The Catholic Multimedia Center (CMC) reported criminal groups harassed priests and other religious leaders in some parts of the country and subjected them to extortion, death threats, and intimidation. During the year two evangelical pastors died, one during a home invasion and the other after being kidnapped, according to the NGO Christian Solidarity Worldwide. According to the CMC, in January a group of assailants kidnapped, tortured, and attempted to kill a priest in Puebla. Another Catholic priest received death threats against himself, his family, and his congregation from a presumed cartel member to pressure the priest into accepting the cartel’s authority, according to the CMC. Government officials stated the harassment of Catholic priests and evangelical Protestant pastors reflected high levels of generalized violence throughout the country and not targeted attacks based on religious faith.