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France

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: While individuals could criticize the government publicly or privately without reprisal, there were some limitations on freedom of speech. Strict antidefamation laws prohibit racially or religiously motivated verbal and physical abuse. Written or oral speech that incites racial or ethnic hatred and denies the Holocaust or crimes against humanity is illegal. Authorities may deport a noncitizen for publicly using “hate speech” or speech constituting a threat of terrorism.

Press and Media, Including Online Media: While independent media were active and generally expressed a wide variety of views without restriction, print and broadcast media, books, and online newspapers and journals were subject to the same antidefamation and hate speech laws that limited freedom of expression.

The law provides protection to journalists who may be compelled to reveal sources only in cases where serious crimes occurred and access to a journalist’s sources was required to complete an official investigation.

Violence and Harassment: In April the NGO Reporters without Borders (RSF) released its annual report that noted growing hatred directed at reporters in the country and an “unprecedented” level of violence from both protesters and riot police directed at journalists during Yellow Vest protests. RSF reported dozens of cases of police violence and excessive firing of flash-ball rounds at reporters.

Secretary general of RSF Christophe Deloire met with President Macron on May 3 to discuss the issue, and with Interior Minister Castaner on June 18. According to Deloire, President Macron committed to following the issue closely. Following the Castaner meeting, RSF described the exchange as frank and constructive and said Castaner promised to consider RSF’s proposals to limit police violence against journalists. Nonetheless, on December 20, RSF filed a complaint with the Paris public prosecutor’s office related to police violence during the Yellow Vest demonstrations between November 2018 and May 2019.

Libel/Slander Laws: Defamation is a criminal offense, although it does not carry the possibility of imprisonment as punishment. The law distinguishes between defamation, which consists of the accusation of a particular fact, and insult, which does not.

National Security: The Committee to Protect Journalists raised concerns about police and prosecutors questioning reporters on national security grounds. On May 23, police summoned a senior correspondent for Le Monde newspaper who had been reporting extensively on a corruption scandal within the Macron government centered on the misconduct of a former security aide, Alexandre Benalla. The reporter, Ariane Chemin, was brought for questioning for having published the name of a former member of the special forces, a charge which stemmed from the antiterrorism law.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, subject to certain security conditions, and the government generally respected these rights.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Observers considered the 2017 presidential and separate parliamentary (Senate and National Assembly) elections to have been free and fair.

Participation of Women and Minorities: No laws limit participation of women or minorities in the political process, and they did participate.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were some reports of government corruption during the year.

Corruption: On October 18, Patrick Balkany, mayor of the Parisian suburb Levallois-Perret, and his wife Isabelle, deputy mayor, received prison sentences for money laundering of five and four years, respectively. The couple, both 71, were also barred from holding public office for 10 years. The court dropped corruption charges for lack of evidence. The sentence came a month after their conviction on tax fraud charges, for which Patrick Balkany received a four-year sentence and Isabelle a three-year sentence, in addition to a 10-year bar on holding elected office. The pair were charged with hiding two luxury villas and other assets from the tax authorities and evading around four million euros ($4.4 million) in taxes.

Financial Disclosure: The president, members of parliament and the European Parliament, ministers, regional and departmental council heads, mayors of larger communities, and directors of government-owned companies (post office, railway, and telephone) are required to declare their personal assets to the Commission for the Financial Transparency of Political Life at the beginning and end of their terms. The commission issued and made available to the public periodic reports on officials’ financial holdings on a discretionary basis at least once every three years. Officials who fail to comply are subject to sanctions.

The Central Office for Combating Corruption and Financial and Tax Crimes investigated offenses including tax fraud, influence peddling, and failure of elected officials to make financial disclosures or report their own violations of the law.

On September 15, Justice Minister Nicole Belloubet admitted that she “forgot to mention” her ownership shares, totaling 336,000 euros ($370,000), of three properties in a 2017 financial disclosure. She corrected the document after being questioned by political opponent Jean-Luc Melenchon. The properties did not appear in a first statement filed in 2017, but they were included in a later 2017 disclosure. Belloubet stated the omission was in error and added that she had declared these properties in previous asset declarations. She stated that the High Authority for the Transparency of Public Life had recognized she had “no intention of fraud.”

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights organizations generally operated, investigated, and published their findings on human rights cases without government restrictions. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The National Consultative Commission on Human Rights (CNCDH) advised the government on human rights and produced an annual report on racism and xenophobia. Domestic and international human rights organizations considered the CNCDH independent and effective. Observers considered the Defender of Rights independent and effective, with access to all necessary resources.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and the government generally enforced the law effectively. The penalty for rape is 15 years’ imprisonment, which may be increased. The government and NGOs provided shelters, counseling, and hotlines for rape survivors.

The law prohibits domestic violence against women and men, including spousal abuse, and the government generally enforced the law effectively. The penalty for domestic violence against either gender varies from three years in prison and a fine of 45,000 euros ($49,500) to 20 years in prison.

On November 19, the Council of Europe Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) released its baseline evaluation report for the country. The report noted significant shortcomings in the legal framework on violence against women, including that the definition of sexual assault and rape is not based on the absence of consent but rather on the use of violence, coercion, threat, or surprise. The report also pointed out the inadequacy and unbalanced geographical distribution of housing facilities and emergency assistance centers for victims of rape and domestic violence.

In November the government’s Interministerial Agency for the Protection of Women against Violence and Combatting Human Trafficking (MIPROF) published data showing that in 2018 approximately 213,000 women older than age 18 declared they had been victims of physical or sexual violence at the hands of a partner or former partner. MIPROF reported that, over the same period, 94,000 women declared they had been victims of rape or attempted rape.

In December the National Observatory of Crime and Criminal Justice, an independent public body, and the National Institute of Statistics and Economic Studies (INSEE) published a joint study showing that the number of persons who consider themselves victims of sexual violence committed by a person who does not live with them declined from 265,000 in 2017 to 185,000 in 2018. In 2017 there was a sharp increase in the number of estimated victims, so despite this decline the 2018 estimate reflected the second-highest level since the organizations began collecting data in 2008.

The government sponsored and funded programs for women victims of violence, including shelters, counseling, hotlines, free mobile phones, and a media campaign. The government also supported the work of 25 associations and NGOs dedicated to addressing domestic violence.

The government implemented its 2017-19 interministerial plan to address violence against women. The program’s three main objectives are ensuring women’s access to rights; strengthening public action to protect the most vulnerable groups, such as children, young women, and women living in rural regions; and uprooting the culture of sexism.

On July 1, the High Council for Equality, an independent, consultative body, issued a statement expressing alarm over the number of femicides in the country. It highlighted “the pathways and possible failures [in the judiciary, gendarmerie or police] that have led to the killing of 70 women since the beginning of the year.” According to NGOs such as NousToutes and Fondation des Femmes, as of December, 148 women were.killed in such crimes during the year.

On September 3, the government launched a national forum on domestic violence and brought together dozens of ministers, judges, police officers, victims’ relatives and feminist groups. Approximately 100 conferences took place across the country from September 3 to November 25. At the closure of the series of consultations on November 25, the international day for the prevention of violence against women, Prime Minister Philippe announced 40 measures aimed at preventing domestic violence against women, focusing on three areas: education (educating children on gender equality); protection (ensuring the immediate safety of victims and their children); and restriction (preventing further violence from the perpetrators). Among concrete measures announced were the creation of 1,000 new places in shelters for victims and improved training for those who work with victims of domestic violence.

Female Genital Mutilation/Cutting (FGM/C): FGM/C was practiced in the country, particularly within diaspora communities. Various laws prohibit FGM/C and include extraterritorial jurisdiction, allowing authorities to prosecute FGM/C, which is punishable by up to 20 years in prison, even if it is committed outside the country, and up to 30 years if the FGM/C leads to the death of the victim. The government provided reconstructive surgery and counseling for FGM/C victims.

According to the latest statistics available from the Ministry of Gender Equality and the Fight against Discrimination, between 40,000 to 60,000 FGM/C victims resided in the country. The majority were recent immigrants from sub-Saharan African countries where FGM/C was prevalent and where the procedure was performed. According to the Group against Sexual Mutilation, 350 excisions were performed in the country each year. On June 21, the junior minister of gender equality and the fight against discrimination, Marlene Schiappa, launched a national action plan to combat FGM/C, focusing on identifying risks, preventing FGM/C, and supporting female victims.

On July 23, the National Public Health Agency released a report that estimated the number of victims of FGM/C rose from 62,000 in the early 2000s to 124,355 in the middle 2010s.

Sexual Harassment: The law prohibits gender-based harassment of both men and women in the workplace. Sexual harassment is defined as “subjecting an individual to repeated acts, comments, or any other conduct of a sexual nature that are detrimental to a person’s dignity because of their degrading or humiliating character, thereby creating an intimidating, hostile, or offensive environment.” The government enforced the law.

On July 16, the University Toulouse Jean-Jaures announced that two professors would be barred from positions in all public higher-education institutions due to “sexual and moral harassment” of several students.

In August 2018 parliament passed a law against “sexual and sexist violence” that provides for on-the-spot fines of 90 to 750 euros ($99 to $825) for persons who sexually harass others on the street (including wolf whistling), and up to 3,000 euros ($3,300) if there are aggravating circumstances. The law covers sexual or sexist comments and behavior that is degrading, humiliating, intimidating, hostile, or offensive. The bill also increases sanctions for cyberstalking and prohibits taking pictures or videos under someone’s clothes without consent, which is punishable by up to one year in prison and a fine of 15,000 euros ($16,500).

In August the Ministry of Gender Equality and the Fight against Discrimination reported that authorities fined 713 men for harassing women in public since the introduction of the new law in 2018.

On June 17, a Paris court sentenced a man to an eight-month suspended sentence after he masturbated on the Paris metro in front of a woman and told her she was “beautiful.” The man, 48, was ordered to pay 500 euros ($550) in damages to the woman who filmed the offense, as well as to another woman who reported the same behavior. The perpetrator was also ordered to undergo psychiatric treatment.

According to the latest statistics released by the Interior Ministry in January, reported cases of sexual harassment and sexual violence surged in 2018, with 28,900 complaints registered by police, up 20 percent over the previous year.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law prohibits gender-based job discrimination and harassment of subordinates by superiors, but this prohibition does not apply to relationships between peers. The constitution and law provide for the same legal status and rights for women as for men, including under family, religious, personal status, labor, property, nationality, and inheritance laws. The Ministry of Gender Equality and the Fight against Discrimination is responsible for protecting the legal rights of women. The constitution and law provide for equal access to professional and social positions, and the government generally enforced the laws.

There was discrimination against women with respect to employment and occupation, and women were underrepresented in most levels of government leadership.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Section 7. Worker Rights

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 16, with exceptions for persons enrolled in certain apprenticeship programs or working in the entertainment industry, who are subject to further labor regulations for minors. The law generally prohibits persons younger than 18 from performing work considered arduous or dangerous, such as working with dangerous chemicals, high temperatures, heavy machinery, electrical wiring, metallurgy, dangerous animals, working at heights, or work that exposes minors to acts or representations of a pornographic or violent nature. Persons younger than 18 are prohibited from working on Sunday, except as apprentices in certain sectors, including hotels, cafes, caterers, and restaurants. Youth are prohibited from working between 8 p.m. and 6 a.m. when they are younger than 16 and between 10 p.m. and 6 a.m. when they are between 16 and 18.

The government effectively enforced labor laws, although some children were exploited in the worst forms of child labor, including commercial sexual exploitation (also see section 6, Children) and forced criminal activity. Inspectors from the Ministry of Labor investigated workplaces to enforce compliance with all labor statutes. To prohibit violations of child labor statutes, inspectors may place employers under observation or refer them for criminal prosecution. Penalties for the use of child labor proved generally sufficient to deter violations.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/  for information on the French overseas collective of Wallis and Futuna.

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination based upon an individual’s national origin; sex; customs; sexual orientation; gender identity; age; family situation or pregnancy; genetic characteristics; particular vulnerability resulting from an economic situation that is apparent or known to the author of the discrimination; real or perceived ethnicity, nationality or race; political opinions; trade union or mutual association activities; religious beliefs; physical appearance; family name; place of residence or location of a person’s bank; state of health; loss of autonomy or disability; and ability to express oneself in a language other than French. Authorities generally enforced this prohibition, and penalties were sufficient to deter violations in this area. The International Labor Organization raised concerns that the labor code does not prohibit discrimination based on social origin.

A gender equality law provides measures to reinforce equality in the workplace as well as sanctions against companies whose noncompliance could prevent women from bidding for public contracts. The law also requires employers to conduct yearly negotiations with employees on professional and pay equity between women and men in companies with more than 50 employees.

Employment discrimination based on sex, gender, disability, and national origin occurred. The country’s Romani community faced employment discrimination. The law requires that women receive equal pay for equal work. In March, INSEE released a study indicating that in 2015, the most recent year for which data were available, women working the equivalent of full time earned 18.5 percent less than men.

The Fund Management Organization for the Professional Integration of People with Disabilities (AGEFIPH) and the fund for the Inclusion of Persons with Disabilities in the Public Service released an audit in June that showed unemployment among persons with disabilities stood at 18 percent (515,531 individuals) in 2018, compared with 9 percent unemployment for the general population. Job seekers with disabilities stayed out of work for 832 days on average, compared with 630 days for the general population. They were also older, on average, than the general population: some 50 percent of job seekers with disabilities were 50 years or older, although they constituted just 26 percent of all job seekers.

The law requires at least 6 percent of the workforce in companies with more than 20 employees to be persons with disabilities. Noncompliant companies must contribute to a fund managed by AGEFIPH. The funds go to financial support for persons with disabilities seeking employment or firms employing persons with disabilities, research and analysis on disability employment issues, and support for employment retention of persons with disabilities. Approximately 51 percent of private-sector enterprises (41,270) met the workforce requirement in 2018, while the companies that did not complete the requirement contributed to a 400-million euro ($440 million) fund and a small number (mostly large corporations) received an exemption from the government based on a negotiated action plan, according to AGEFIPH. In 2017 President Macron initiated a plan to promote the inclusion of workers with disabilities in the workplace. Companies required to employ disabled workers must complete an annual mandatory declaration regarding employment of disabled workers before March 1 of each year. The declaration documents company procedures for fulfilling the obligation to employ workers with disabilities.

Mexico

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. Most newspapers, television stations, and radio stations were privately owned. The government had minimal presence in the ownership of news media but remained a significant source of advertising revenue for many media organizations, which at times influenced coverage. Media monopolies, especially in small markets, could constrain freedom of expression.

Violence and Harassment: Journalists were killed or subject to physical and cyberattacks, harassment, and intimidation (especially by state agents and transnational criminal organizations) in response to their reporting. This limited media’s ability to investigate and report, since many of the reporters who were killed covered crime, corruption, and local politics. According to the NGO Committee to Protect Journalists, as of August 31, 10 journalists had been killed because of their reporting.

Perpetrators of violence against journalists acted with impunity. According to the NGO Article 19, as of February the impunity rate for crimes against journalists was 99 percent. In 2018 there were 544 attacks against journalists, according to Article 19. Since its creation in 2010, the Office of the Special Prosecutor for Crimes Against Journalists (FEADLE), a unit in the Attorney General’s Office, secured only 10 convictions for various related crimes, and only one for murder, in the 1,077 cases it investigated. Only 16 percent of the cases FEADLE investigated were taken to court. As of September, FEADLE had not opened any new cases, reportedly in an effort to focus on bringing existing investigations to trial.

Government officials believed organized crime to be behind most of the attacks against journalists, but NGOs asserted there were instances when local government authorities participated in or condoned the acts. According to Article 19, in 2018, 42 percent of physical attacks against journalists originated with public officials. Although 75 percent of those came from state or local officials, federal officials and members of the armed forces were also suspected of being behind 7 percent of attacks against journalists.

There were no developments in the 2017 killing of Miroslava Breach, a prominent newspaper correspondent who reported on organized crime and corruption. In March, Undersecretary for Human Rights Alejandro Encinas stated the federal government was “aiding” the state prosecutor in the case, ultimately affirming it would remain with state prosecutors.

In January the UN Human Rights Committee declared the government responsible for violating journalist Lydia Cacho’s human rights, including subjecting her to acts of torture in 2005 after she exposed government corruption and a pedophile ring, and for shortcomings in the investigation. In response, on April 11, FEADLE issued arrest warrants against former Puebla governor Mario Marin Torres, Kamel Nacif, Juan Sanchez Moreno, and Hugo Adolfo Karam for their role as masterminds of the acts of torture against Cacho. As of September all four remained fugitives. In July, two assailants entered Cacho’s home, poisoned her dogs, and stole research material–including 10 hard drives containing information on pedophile rings, both the one she exposed in 2005 and a new case she was working on. Article 19 referred to the incident as “an act of reprisal for her work as a defender of free speech.”

In August, Cacho fled the country due to fear for her safety, declaring herself “in a situation of forced displacement.” Article 19 stated, “Lydia Cacho was forced to leave the country in the face of not receiving the minimal conditions of security to carry out her job and continue the process of seeking justice for her arbitrary detention and torture perpetrated in 2005.”

Between 2012 and September 2019, the National Mechanism to Protect Human Rights Defenders and Journalists received 976 requests for protection for journalists and human rights defenders. Since 2018 five journalists with protective measures from the Mechanism were killed, including two during the year. In January, Rafael Murua, under Mechanism protection, was shot and killed in Baja California Sur. Police arrested three individuals in connection with the case. In May journalist Francisco Romero was beaten, shot, and killed in Quintana Roo. He had received threats–including from local police–after exposing corruption of local authorities. Both victims had government-issued panic buttons. After these killings, the OHCHR representative in Mexico, Jan Jarab, said the Mechanism merited a “deep reflection” and added, “These cases show that violence against human rights defenders and journalists is deeply rooted and structural changes are needed.”

Censorship or Content Restrictions: Human rights groups reported some state and local governments censored the media. Journalists reported altering their coverage due to a lack of protection from the government, attacks against members of the media and newsrooms, and threats or retributions against their families, among other reasons. There were reports of journalists practicing self-censorship due to threats from criminal groups and government officials.

In March 2018 Article 19 reported the government, despite reductions in its advertising budgets, continued to have a strong financial impact and influence on the largest media companies.

Libel/Slander Laws: There are no federal criminal laws against defamation, libel, or slander; however, eight states have criminal laws on these acts. In Baja California Sur, Guanajuato, Michoacan, Nayarit, Nuevo Leon, and Yucatan, the crime of defamation is prosecuted, with penalties ranging from three days to five years in prison and fines ranging from five to 500 days of minimum salary for committing defamation or slander, both considered “crimes against honor.” Slander is punishable under the criminal laws of the states of Campeche, Colima, Guanajuato, Hidalgo, Michoacan, Nayarit, Nuevo Leon, Sonora, Yucatan, and Zacatecas with sentences ranging from three months to six years in prison and monetary fines. Five states have laws that restrict the publishing of political caricatures or “memes.” These laws were seldom applied.

In May the Supreme Court struck down a law in the state of Nayarit penalizing slander. The court ruled the law violated freedom of expression.

Nongovernmental Impact: Organized criminal groups exercised a grave and increasing influence over media outlets and reporters, threatening individuals who published critical views of crime groups. Concerns persisted about the use of physical violence by organized criminal groups in retaliation for information posted online, which exposed journalists, bloggers, and social media users to the same level of violence faced by traditional journalists.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. There were some reports of security forces using excessive force against demonstrators. Twelve states have laws that restrict public demonstrations.

Section 3. Freedom to Participate in the Political Process

Federal law provides citizens the ability to choose their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: International observers considered the July 2018 presidential, legislative, gubernatorial, and other local elections to be generally free and fair, with only minor reports of irregularities. Local commentators pointed to the electoral authorities’ quick and transparent publishing of results as increasing citizen trust in the electoral and democratic system as a whole.

During the electoral season (September 2017 to June 2018), 48 candidates were killed. In Guerrero, 14 candidates were killed, followed by five in Puebla. Of the victims, 12 were members of the Institutional Revolutionary Party, 10 belonged to the Party of the Democratic Revolution, seven to the National Regeneration Movement, six to the National Action Party, five to the Citizens’ Movement, two to the Ecologist Green Party of Mexico, and one each to the Social Encounter Party and the Labor Party; the remainder did not have a party affiliation. As of July the killings resulted in just one arrest. In comparison with the 2012 elections, there were 10 times more killings of 2018 candidates.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. The law provides for the right of indigenous persons to elect representatives to local office according to “uses and customs” law (see section 6, Indigenous Peoples) rather than federal and state electoral law.

In May, Congress unanimously approved a constitutional reform on gender parity that establishes a requirement to observe parity in the designation of public officials at every level (federal, state, local) in all three branches of government. A majority of state legislatures approved the reform on June 4, and it came into force on June 7. The reform states the principle of gender parity should be observed in the designation of cabinet members, selection of candidates for public office by every political party, and designation of members of the judiciary. In accordance with the reform, the Senate elected Monica Fernandez president of the Senate for a year during the legislative session beginning September 1. She became the fourth woman to preside over the Senate and the first since 1999.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took steps to enforce the law more effectively. In February, Congress approved a constitutional reform expanding the catalogue of crimes subject to pretrial detention to include acts of corruption (see section 1.d., Pretrial Detention). In December 2018 Congress also approved a constitutional reform, which came into force in March, to increase the number of illicit activities for which the government can seize assets, including acts of corruption.

On August 7, the Public Administration Secretariat launched a platform within its own website where persons can report cases of corruption. The platform allows citizens to report acts of corruption, human rights violations, and harassment in cases where public officials are involved. The secretariat responds to these reports based on three principles: guarantee of confidentiality, continuous monitoring of the case, and effective sanctioning.

Although by law elected officials enjoy immunity from prosecution while holding public office, state and federal legislatures have the authority to waive an official’s immunity. Of the 32 states, 17 followed this legal procedure to strip officials of immunity.

Corruption: The Attorney General’s Office opened a corruption investigation against Emilio Lozoya, former director of Petroleos Mexicanos (PEMEX), for receiving bribes in connection to the Odebrecht case. The Attorney General’s Office also obtained an arrest warrant against Lozoya’s mother, accused of money laundering, and on July 24, Interpol arrested her in Germany. As of September, Lozoya remained at large and was presumably out of the country. In a separate case, a judge ordered the detention of former social development minister Rosario Robles. On August 13, she was taken into custody pending criminal proceedings for her participation in an embezzlement scandal known as “Estafa Maestra,” arguing she was a flight risk. She was detained for two months while an investigation took place. She faced allegations of involvement in the disappearance of billions of pesos allocated for welfare programs during her tenure as minister.

Financial Disclosure: The law requires all federal- and state-level appointed or elected officials to disclose their income and assets, statements of any potential conflicts of interests, and tax returns. The Public Administration Secretariat monitors disclosures with support from each agency. Regulations require disclosures at the beginning and end of employment, as well as annual updates. The law requires declarations be made publicly available unless an official petition for a waiver to keep his or her file private. Criminal or administrative sanctions apply for abuses. President Lopez Obrador ordered all cabinet members to make their declarations public as a show of transparency. On July 9, the Coordinating Committee of the National Anti-Corruption System approved new formats for these asset disclosure statements. High-ranking public officials must include information related to their spouses and dependents to prevent conflicts of interest, but this information is to remain private. The new platform was scheduled to be operational by the end of the year.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were mostly cooperative and responsive to their views, with the president, cabinet officials, or both meeting with human rights organizations, such as the OHCHR, IACHR, and the CNDH. Some NGOs alleged individuals who organized campaigns to discredit human rights defenders at times acted with tacit support from government officials. As of April the National Mechanism to Protect Human Rights Defenders and Journalists protected 790 individuals, 292 journalists, and 498 human rights defenders.

Government Human Rights Bodies: The CNDH is a semiautonomous federal agency created by the government and funded by the legislature to monitor and act on human rights violations and abuses. It may call on government authorities to impose administrative sanctions or pursue criminal charges against officials, but it is not authorized to impose penalties or legal sanctions. If the relevant authority accepts a CNDH recommendation, the CNDH is required to follow up with the authority to verify it is carrying out the recommendation. The CNDH sends a request to the authority asking for evidence of its compliance and includes this follow-up information in its annual report. When authorities fail to accept a recommendation, the CNDH makes that failure known publicly. It may exercise its power to call government authorities before the Senate who refuse to accept or enforce its recommendations.

All states have their own human rights commission. The state commissions are funded by state legislatures and are semiautonomous. State commissions did not have uniform reporting requirements, making it difficult to compare state data and therefore compile nationwide statistics. The CNDH may take on cases from state-level commissions if it receives a complaint that the state commission has not adequately investigated the case.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Federal law criminalizes rape of men or women, including spousal rape, and conviction carries penalties of up to 20 years’ imprisonment. Spousal rape is criminalized in 24 states.

The federal penal code 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 in practice 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.

Killing a woman because of the victim’s gender (femicide) is a federal offense punishable by 40 to 60 years in prison. It is also a criminal offense in all states. According to Interior Secretariat statistics, in the first six months of the year, prosecutors and attorneys general opened 387 investigations into 402 cases of femicide throughout the country. (Statistics from state-level reports often conflated femicides with all killings of women.)

On November 7, anthropologist and human rights defender Raquel Padilla Ramos was killed by her domestic partner Juan Armando, in Ures, Sonora. On November 11, Armando pled guilty to femicide and was sentenced to 45 years in prison. He was also ordered to pay restitution to her family and an additional sum for pain and suffering.

The Special Prosecutor’s Office for Violence against Women and Trafficking in Persons in the Attorney 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.

Sexual Harassment: Federal labor law prohibits sexual harassment and provides for fines from 250 to 5,000 times the minimum daily wage. 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.

As of December 2018, Mexico City and the states of Chihuahua, Jalisco, Puebla, and Yucatan had criminalized 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.

Coercion in Population Control: There were no confirmed reports of coerced abortion or involuntary sterilization.

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 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.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Section 7. Worker Rights

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The constitution and the law prohibit children younger than age 15 from working and allows those ages 15 to 17 to work no more than six daytime hours in nonhazardous conditions daily, and only with parental permission and permission from the labor authority. The law requires children younger than 18 to complete compulsory basic education and to have a medical certificate to work. The minimum age for hazardous work, including all work in the agricultural sector, is 18. The law prohibits minors from working in a broad list of hazardous and unhealthy occupations.

The government was reasonably effective in enforcing child labor laws in large and medium-sized companies, especially in the export-oriented factory (maquiladora) sector and other industries under federal jurisdiction. Enforcement was inadequate in many small companies and in agriculture and construction, and nearly absent in the informal sector, in which most child laborers worked. In January the newspaper El Universal reported as many as 400 children were working on tomato and chili pepper farms near Coahuayana, Michoacan, receiving little education and earning very low wages.

Underage children in urban areas throughout the country earned money by begging, washing windshields, selling small items, or performing in public places for gratuities. In April authorities in Sinaloa announced they had identified 312 children who had been working in the streets of various cities. In the same month, two children from Chiapas were identified in Reynosa, Tamaulipas, while begging in the streets dressed as clowns. Authorities found the children had no relatives in the area and were possibly victims of human trafficking. In October 2018 authorities identified 63 persons, including 56 children, who had been forced to work in the streets of Oaxaca, and arrested 11 individuals on charges of human trafficking.

At the federal level, the Secretariat of Social Development, Attorney General’s Office, and National System for Integral Family Development share responsibility for inspections to enforce child labor laws and to intervene in cases in which employers violated such laws. The Secretariat of Labor is responsible for carrying out child labor inspections. Penalties for violations were not sufficiently enforced to deter violations.

According to a 2017 INEGI survey, the number of employed children ages five to 17 was 3.2 million, or approximately 11 percent of children in the country. This represented a decrease from 12.4 percent of children in the 2015 INEGI survey. Of these children, 7.1 percent were younger than the minimum age of work or worked under conditions that violated federal labor laws, such as performing hazardous work. Child labor was most common in the agricultural sector; children worked in the harvest of beans, chili peppers, coffee, cucumbers, eggplants, melons, onions, tobacco, and tomatoes, as well as in the production of illicit crops such as opium poppies. Other sectors with significant child labor included services, retail sales, manufacturing, and construction.

Also, see the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The constitution and the law prohibit discrimination with respect to employment or occupation. The federal labor law specifically proscribes discrimination on the basis of ethnicity, nationality, gender, age, handicap (or challenged capacity), social status, health, religion, immigration status, political opinion, sexual preference, marital status, or pregnancy. The government did not effectively enforce the law or regulations. According to a 2017 INEGI survey, 12 percent of women had been illegally asked to take a pregnancy test as a prerequisite to being hired. Job announcements specifying desired gender, age, marital status, and parental status were common.

INEGI reported in 2017 that 23 percent of working women experienced violence in the workplace within the past 12 months and 6 percent experienced sexual violence.

Penalties for violations of the law included administrative remedies, such as reinstatement, payment of back wages, and fines (often calculated based on the employee’s wages), and were not generally considered sufficient to deter violations. Discrimination in employment or occupation occurred against women, indigenous groups, persons with disabilities, LGBTI individuals, and migrant workers.

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