An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Mexico

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were several reports that government entities or their agents committed arbitrary or unlawful killings, often with impunity. The National Human Rights Commission (CNDH) is responsible for independently investigating security force abuses, including killings, and can issue nonbinding recommendations for prosecution. State human rights commissions investigate state and municipal police forces and can issue similar recommendations. State and federal prosecutors are independent of the executive branch and have the final authority to investigate and prosecute security force abuses.

In February authorities arrested 12 state police officers in Camargo, Tamaulipas, on homicide charges in connection with the massacre and burning of the bodies of three smugglers and 16 Guatemalan migrants en route to the United States. As of August 16, the suspects remained in detention awaiting trial. In March police officers broke the neck of Salvadoran refugee Victoria Salazar. The Quintana Roo prosecutor general confirmed police officers used disproportionate force during the arrest. Authorities arrested four police officers and charged them with femicide (killing a woman because of her gender). As of August 27, the suspects were awaiting trial.

Human rights and environmental activists, many from indigenous communities, continued to be targets of violence. The CNDH reported that assailants killed 12 human rights defenders from January to July.

As of September 13, three municipal police officers from Ixtlahuacan de los Membrillos, Jalisco, remained in pretrial detention for the killing of Giovanni Lopez. The Jalisco government disarmed the municipal police force of Ixtlahuacan and turned over public security duties to the National Guard and the Jalisco Secretariat for Public Security.

In July the army provided reparations to two of the three families of persons killed in July 2020 by soldiers in Nuevo Laredo, Tamaulipas, during an encounter with suspected cartel members. On October 7, the army relieved Colonel Miguel Angel Ramirez Canchola, accused of ordering the killings, of his posting, but as of October prosecutors had not taken action against the soldiers.

On October 1, a judge sentenced Fidel Figueroa, mayor of Zacualpan, state of Mexico, to 236 years in prison for murder. Figueroa collaborated with criminal organizations to kidnap the prosecutor general of Ixtapan de la Sal, state of Mexico, and others in 2019, resulting in the death of one of the prosecutor general’s bodyguards.

Organized criminal groups were implicated in numerous killings, acting with impunity and at times in collusion with corrupt federal, state, local, and security officials. On June 19, a dispute between factions of the Gulf cartel killed 15 persons in the state of Tamaulipas. Security forces responded by killing four suspects and arresting 25.

b. Disappearance

Disappearances remained a persistent problem throughout the country, especially in areas with high levels of cartel or gang-related violence. There were reports of numerous forced disappearances by organized crime groups, sometimes with allegations of state collusion with authorities. Investigations, prosecutions, and convictions for the crime of forced disappearance were rare.

Federal and state databases were incomplete and had data-crossing problems; forensic systems were highly fragmented between the local, state, and federal levels; and the sheer volume of unsolved cases was far greater than the forensic systems were capable of handling. In its data collection, the government often merged statistics on forcibly disappeared persons with missing persons not suspected of being victims of forced disappearance, making it difficult to compile accurate statistics on the extent of the problem.

As of December 2020 the Prosecutor General’s Office reported a total of 2,041 federal investigations underway into disappearances involving approximately 3,400 persons. Nongovernmental organizations (NGOs) and family members of disappeared persons alleged the prosecutors undercounted the actual number of cases.

Through a nationwide assessment process, the National Search Commission (CNB) revised the government’s official number of missing or disappeared persons repeatedly as additional data became available. As of July the CNB reported that there were 89,572 missing or disappeared persons in the country. Some cases dated back to the 1960s, but the vast majority occurred since 2006. The year 2020 had the second-highest number of cases on record, with 8,626 reported missing or disappeared, down from 9,185 cases reported in 2019. The states of Guanajuato, Jalisco, Mexico, Michoacan, Nuevo Leon, Sinaloa, Sonora, Tamaulipas, and Zacatecas, plus Mexico City, accounted for 76 percent of reported disappearances from 2018 to June 30.

The federal government and states continued to implement the law on forced disappearances. On August 30, the Extraordinary Mechanism for Forensic Identification became fully operational. It was created in 2019 to bring together national and international forensic experts to help identify 37,000 unidentified remains held in government facilities, coordinate implementation of the general law on forced disappearances, and allocate resources to state search commissions. In July 2020 the CNB launched a public version of the National Registry of Disappeared and Missing Persons. Between January 1 and August 4, it received 4,119 reports of missing persons and located 3,805 alive and 277 deceased.

In July the CNB reported it had recovered more than 1,100 pounds of charred human remains from La Bartolina, Tamaulipas, a clandestine cremation site found in 2017. Nationwide the CNB reported the exhumation of the remains of at least 3,025 persons in 1,749 clandestine graves between December 1, 2018, and June 30. The CNB reported that during that period, of the 3,025 bodies exhumed, authorities identified 1,153 and returned 822 to their families.

The government increased the CNB budget 8 percent over the 2020 budget. According to NGOs, however, the state search committees often lacked the capacity to fulfill their mandate. Civil society and families of the disappeared stated the government’s actions to prevent and respond to disappearances were largely inadequate to address the scale of the problem.

The federal government created a National System for the Search of Missing Persons as required by law, but as of August it had not established the required National Forensic Data Bank. The Prosecutor General’s Office owned a previous genetics database, which consisted of 63,000 profiles, and was responsible for the new database. The previous platform lacked interconnectivity between states and failed to connect family members effectively to the remains of their missing relatives.

In July the Supreme Court ruled that authorities at all levels must investigate enforced disappearances, search for disappeared persons, and inform victims of the process.

The government made efforts to prevent, investigate, and punish acts of disappearance involving government agents. From January to June, the CNDH received nine complaints accusing government agents of forced disappearances, including five against the army and four against the National Guard. In April authorities arrested 30 members of the navy and charged them with forced disappearances in Nuevo Laredo, Tamaulipas, in 2018. As of October the accused were in a military prison awaiting trial. In July the secretary of the navy publicly apologized to families of the victims, marking the first time the armed forces apologized for committing forced disappearances.

Investigations continued into the 2014 disappearances of 43 students from the Ayotzinapa Rural Teachers’ College in Iguala, Guerrero. Victims’ relatives and civil society continued to criticize handling of the original investigation by the Attorney General’s Office, noting there had been no convictions related to the disappearances of the 43 students. In June President Lopez Obrador announced that forensic scientists at the University of Innsbruck conclusively identified the remains of Jhosivani Guerrero, marking the third body identified of the 43 disappeared students.

As of October the Special Unit for the Investigation and Litigation of the Ayotzinapa case had arrested more than 80 suspects, including army captain Jose Martinez Crespo, an Iguala municipal police officer, and the Iguala municipal police chief. The government continued to pursue the extradition of Tomas Zeron from Israel. Zeron led the investigation of the case by the former criminal investigations unit in the Attorney General’s Office at the time of the students’ disappearances. In March 2020 a federal judge issued an arrest warrant for Zeron on charges related to his conduct of the investigation, including torturing alleged perpetrators to force confessions, conducting forced disappearances, altering the crime scene, manipulating evidence, and failing to perform his duties. He fled to Israel, and the government requested that the Israeli government issue an arrest warrant and extradite him.

In addition to the outstanding Zeron arrest warrant, the Special Unit for the Investigation and Litigation of the Ayotzinapa case issued 12 warrants and made 10 arrests for investigative irregularities, such as torture and obstruction of justice. As of September no alleged perpetrators of the disappearances had been convicted, and 78 of those initially accused were released due to lack of evidence, generally due to irregularities in their detention, including confessions obtained through torture. As of October the special unit had reissued arrest warrants for 11 of the 78 released detainees, including municipal police officers, but made no arrests.

State search collectives reported being victims, at times fatal, of attacks, threats, and other acts of harassment. In June unknown assailants killed Javier Barajas Pina in the state of Guanajuato. He was a member of a search collective and the state search commission. The state search commission paused all search efforts between May and June due to increased levels of insecurity for family search collectives, according to civil society groups. As of August 16, authorities had not arrested any suspects.

In July unknown assailants abducted and killed Aranza Ramos in the state of Sonora. Ramos had been searching for her missing husband for the previous seven months as a member of two search collectives. As of August 16, authorities had not arrested any suspects. Following Ramos’ killing, Cecilia Flores, the leader of one of the search collectives in which Ramos participated, received death threats. Flores received temporary protection from the Interior Secretariat protection mechanism.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Federal law prohibits torture and other cruel, inhuman, or degrading treatment or punishment, as well as the admission of confessions obtained through illicit means as evidence in court. Despite these prohibitions, there were reports of security forces torturing suspects.

Between January and August, the CNDH registered 26 complaints of torture and 123 for arbitrary detention. Most of these complaints were against authorities in the Prosecutor General’s Office, National Guard, Interior Secretariat, and the armed forces. As of August, 25 of 32 states had specialized prosecutor’s offices for investigating torture, or specialized investigative units within the state attorney general’s office as called for by law. Between January and May there were an additional 20 complaints of cruel, inhuman, or degrading treatment against the National Guard, 20 against the army, and 11 against the National Migration Institute. The CNDH did not report on the merits of the complaints.

In February the Attorney General’s Office arrested former Puebla governor Mario Marin and charged him with torturing journalist Lydia Cacho, who exposed Marin and several business leaders’ involvement in a child sex trafficking ring in 2005. As of August 23, Marin was awaiting trial. In June authorities sentenced Quintana Roo police officer Miguel Mora Olvera to five years in prison for his role in torturing Cacho.

Impunity for torture was prevalent among the security forces. NGOs stated authorities failed to investigate torture allegations adequately. As of December 2020 the Prosecutor General’s Office was investigating 3,703 torture-related inquiries under the previous inquisitorial legal system (initiated prior to the 2016 transition to an accusatorial system) and 565 investigations under the accusatorial system. According to the Mexican Commission for the Promotion of Human Rights, from 2006 to 2020, federal authorities issued 27 sentences for torture. There were accusations of sexual abuse against authorities during arrest and detention. There is no single independent oversight mechanism to review police actions, but many federal and state security and justice sector institutions have internal affairs units providing internal supervision and promoting best practices for transparency and accountability. The government’s National Council of Norms and Labor Competencies certified law enforcement internal affairs investigators and created standard internal affairs training to promote transparency and accountability. Most internal affairs units, however, were insufficiently staffed and funded. The army and the navy have human rights units to create protocols and training. The armed forces operated a military justice system to hold human rights abusers accountable.

Prison and Detention Center Conditions

Conditions in prisons and detention centers were often harsh and life threatening.

Physical Conditions: According to the Federal Prison System, as of June there were 220,393 inmates in 288 state and federal facilities with a designed capacity for 217,064. Some prisons were undersubscribed, while others were overcrowded. The CNDH’s 2020 National Diagnostic of Penitentiary Supervision reported that state prisons were understaffed and suffered from poor sanitary conditions as well as a lack of separation between those sentenced and those awaiting trial. The report noted 40 state prisons experienced overcrowding. The report singled out Hidalgo, Nayarit, Puebla, Sinaloa, Sonora, and Tamaulipas as the states with the worst prison conditions. The CNDH noted significant understaffing at all levels in federal prisons, which affected access to programs, activities, medical services, and opportunities to report possible human rights abuses.

Organized criminal groups reportedly continued to oversee illicit activities from within penitentiary walls, and rival drug cartel members often fought in prison. In June media outlets reported that a fight between two rival groups of inmates left six inmates dead and nine wounded at a prison in Villahermosa, Tabasco.

According to civil society groups, migrants at some detention centers faced abuse when commingled with gang members and other criminals.

As of July 13, a total of 3,501 prisoners had contracted COVID-19 and 75,162 had received vaccines, according to the CNDH. In response to a 2020 civil society organization lawsuit, a Mexico City court ruled authorities must implement COVID-19 detection and preventive health protocols for detainees and their families in prisons in Mexico City and psychiatric wards nationwide.

The CNDH in its report on COVID-19 measures in holding facilities found most detention facilities could not comply with social distancing measures or several other health recommendations due to lack of space, personnel, or equipment.

Administration: Authorities did not always conduct investigations into credible allegations of mistreatment.

Independent Monitoring: The government permitted independent monitoring of prison conditions by the International Committee of the Red Cross, CNDH, and state human rights commissions.

d. Arbitrary Arrest or Detention

Federal law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court; however, the government sometimes failed to observe these requirements.

Arrest Procedures and Treatment of Detainees

The constitution allows any person to arrest another if the crime is committed in his or her presence. A warrant for arrest is not required if an official has direct evidence regarding a person’s involvement in a crime, such as having witnessed the commission of a crime; in a 2018 report, the domestic think tank Mexico Evalua determined that 90 percent of all arrests fell under this category. Bail is available for most crimes, except for those involving organized crime and a limited number of other offenses. In most cases the law requires detainees to appear before a judge for a custody hearing within 48 hours of arrest, during which authorities must produce sufficient evidence to justify continued detention. This requirement was not followed in all cases, particularly in remote areas of the country. In cases involving organized crime, the law allows authorities to hold suspects up to 96 hours before requiring them to seek judicial review.

The procedure known in Spanish as arraigo (a constitutionally permitted form of pretrial detention employed during the investigative phase of a criminal case before probable cause is fully established) allows, with a judge’s approval, for certain suspects to be detained prior to filing formal charges. Following the introduction of the accusatorial justice system, however, there was a significant reduction in the number of persons detained in this manner, falling from more than 1,900 in 2011 to 21 in 2018.

Some detainees complained of a lack of access to family members and to counsel after police held persons incommunicado for several days and made arrests arbitrarily without a warrant. Police occasionally failed to provide impoverished detainees access to counsel during arrests and investigations as provided for by law, although the right to public defense during trial was generally respected. Authorities held some detainees under house arrest.

Arbitrary Arrest: Allegations of arbitrary detentions persisted throughout the year. The Inter-American Commission on Human Rights (IACHR), the UN Working Group on Arbitrary Detention, and NGOs expressed concerns regarding arbitrary detention and the potential for it to lead to other human rights abuses. Between January and August the CNDH recorded 123 complaints of arbitrary detention.

On July 21, Merida, Yucatan, municipal police detained Jose Eduardo Ravelo Echeverria. According to the victim’s mother, police detained and interrogated him without reasonable suspicion or probable cause. Media outlets reported authorities tortured and sexually abused Ravelo. A forensic doctor at the Yucatan Prosecutor General’s Office confirmed that he had suffered sexual abuse. On August 3, Ravelo died from his injuries. On August 7, Yucatan governor Mauricio Villa announced the arrest of four police officers, but on August 14, a judge set them free due to a lack of evidence.

Pretrial Detention: Lengthy pretrial detention was a problem, and authorities did not always promptly release those detained unlawfully. The law provides time limits and conditions on pretrial detention, but federal authorities sometimes failed to comply with them since caseloads far exceeded the capacity of the federal judicial system. Abuses of time limits on pretrial detention were endemic in state judicial systems. The UN Office for the High Commissioner for Human Rights (OHCHR) documented cases in the states of Mexico and Chiapas in which detainees remained in pretrial detention for more than 12 years. A 2019 constitutional reform increased the number of crimes for which pretrial detention is mandatory and bail is not available, including armed robbery, electoral crimes, fuel theft, and weapons possession. An additional February reform mandated pretrial detention for femicides, sexual violence against minors, forced disappearances, and corruption. As a result the number of pretrial detainees increased 25 percent since 2018, and pretrial detainees comprised 40 percent of all prisoners, according to government figures.

Reports indicated that women suffered disproportionately from pretrial detention. As of June, 58 percent of women in federal prison and 51 percent in municipal and state prisons were in pretrial detention, while 42 percent of men in the federal and local judicial system were in pretrial detention, according to a report from the Secretariat of Security and Civilian Protection. In October 2020 authorities announced they would release Brenda Quevedo Cruz, who had been in prison without trial since 2007. Nonetheless, Quevedo Cruz remained in detention as of September 11.

e. Denial of Fair Public Trial

Although the constitution and law provide for an independent judiciary, court decisions were susceptible to improper influence by both private and public entities, particularly at the state and local level, as well as by transnational criminal organizations. Authorities sometimes failed to respect court orders, and arrest warrants were sometimes ignored. Across the criminal justice system, many actors lacked the necessary training and capacity to carry out their duties fairly and consistently in line with the principle of equal justice.

Trial Procedures

In 2016 all civilian and military courts officially transitioned from an inquisitorial legal system based primarily upon judicial review of written documents to an accusatorial trial system reliant upon oral testimony presented in open court. In most states alternative justice centers employed mechanisms such as mediation, negotiation, and restorative justice to resolve minor offenses outside the court system.

Under the accusatorial system, judges conduct all hearings and trials and follow the principles of public access and cross-examination. Defendants have the right to a presumption of innocence and to a fair and public trial without undue delay. Defendants have the right to attend the hearings and to challenge the evidence or testimony presented. Defendants may not be compelled to testify or confess guilt. The law also provides for the rights of appeal and of bail in most categories of crimes. Defendants have the right to an attorney of their choice at all stages of criminal proceedings. By law attorneys are required to meet professional qualifications to represent a defendant. Not all public defenders were qualified, however, and often the state public defender system was understaffed. According to the Center for Economic Research and Teaching, most criminal suspects did not receive representation until after their first custody hearing, thus making individuals vulnerable to coercion to sign false statements prior to appearing before a judge.

Defendants have the right to free assistance of an interpreter, if needed, although interpretation and translation services for indigenous languages were not always available. Indigenous defendants who did not speak Spanish sometimes were unaware of the status of their cases and were convicted without fully understanding the documents they were instructed to sign.

In July 2020 legislators approved a law making all judicial sentences public.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Citizens have access to an independent judiciary in civil matters to seek civil remedies for human rights abuses. For a plaintiff to secure damages against a defendant, authorities first must find the defendant guilty in a criminal case, a significant barrier due to the relatively low number of criminal convictions.

Section 2. Respect for Civil Liberties

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

e. Status and Treatment of Internally Displaced Persons

The NGO Mexican Commission for the Defense and Promotion of Human Rights identified 15 incidents between January and July of mass forced internal displacement (defined as the displacement of at least 10 families or 50 individuals) due to violence. Violence by organized criminal groups often prompted the incidents, which took place in 10 states and displaced 11,560 persons as of August. Land conflicts, social and ethnic violence, or local political disputes caused other incidents. Forced internal displacement disproportionally affected indigenous communities. There was a lack of comprehensive data on internally displaced persons (IDPs). The COVID-19 pandemic generated additional risks and exacerbated vulnerabilities for IDPs, including overcrowding in shelters and difficulty accessing food, basic health care, and education. The government, in conjunction with international organizations, made efforts to promote the safe, voluntary return, resettlement, or local integration of IDPs.

According to civil society organizations, up to 3,250 persons, mostly women and children from indigenous communities, were forcibly displaced in July in Chenalho and Pantelho, Chiapas, due to territorial disputes between armed groups. This mass displacement elevated the group’s risk of malnutrition and health maladies. Three states have state-level IDP laws, but the country does not have a federal internal displacement law, which created challenges in resource allocation and interagency governmental coordination.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern.

Access to Asylum: Federal law provides for granting asylum, refugee status, or complementary protection to those fleeing persecution or facing possible threats to their life, security, or liberty in their country of origin; this right was generally respected. The government has an established procedure for determining refugee status and providing protections. The government worked with UNHCR to improve access to refugee status and the procedure to determine refugee status, reception conditions for vulnerable migrants and refugee applicants, and integration in local communities (including access to school, work, and other social services) for those approved for refugee and complementary protection status.

Abuse of Migrants and Refugees: The press, international organizations, and NGOs reported targeting and victimization of migrants by criminal groups and in some cases by police, immigration officers, and customs officials, including at land borders and airports. There were numerous instances of criminal armed groups extorting, threatening, or kidnapping asylum seekers and other migrants. In many parts of the country, human smuggling organizations wielded significant power, and media alleged frequent collusion among local authorities. There were credible reports of sexual assaults against migrants, particularly women, while migrating in and through the country.

On January 11, the government ended migratory detention for children. The government generally exempted accompanying adults from detention to preserve family unity. Children constituted 19 percent of irregular migrant flows identified by authorities; 30 percent of them were unaccompanied. Child protection authorities lacked sufficient capacity to shelter and process migrant children and families, and the government made modest headway to increase that capacity.

In a June International Organization for Migration survey, 20 percent of citizens and 35 percent of third-country migrants reported using a smuggler to arrive to the U.S.-Mexico border. The government increased efforts to target human smuggling organizations. In July the Prosecutor General’s Office arrested seven members, including the leader, of the Tamayo human smuggling organization. Authorities accused the suspects of smuggling 20 to 80 migrants per day through Baja California into the United States for more than a decade.

Obstacles to accessing international protection related most closely to capacity limitations and lack of coordination between the relevant agencies, as opposed to government policy. The Interior Secretariat reaffirmed its commitment to protect refugee applicants even as the country experienced an unprecedented number of applicants. From January to August the Mexican Commission to Assist Refugees (COMAR) received 77,559 applications for refugee status, a 41 percent increase from the same period in 2019, and anticipated that it would receive up to 120,000 applications in total by the end of the year. Between January and July COMAR processed approximately 25,000 cases. COMAR’s budget increased modestly in recent years but was not commensurate with the growth in refugee claims in the country.

Between August 23 and August 27, hundreds of migrants from Haiti, Cuba, and Central America protested in front of the National Migration Institute offices in Tapachula, Chiapas, to demand expedited refugee proceedings that would allow them to move freely throughout the country. Unprecedented numbers of migrants arriving at the country’s southern border and requesting refugee status stretched the refugee agency’s capacity to process requests.

On August 28, approximately 500 migrants, the majority from Haiti, started a caravan from Tapachula to Mexico City to obtain expedited asylum processing. The government deployed hundreds of security forces to contain the caravan. Various news outlets showed a video of two National Migration Institute agents with riot gear and shields grabbing one migrant, knocking him to the ground, and kicking him. On August 31, the government suspended the two agents for inappropriate conduct.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took steps to increase its legal authority to pursue these crimes. On February 19, a constitutional reform eliminated presidential immunity for corruption and other crimes. On March 11, an anticorruption and antinepotism constitutional reform granted the Federal Judiciary Council – the administrative organ of the federal court system – more oversight over district and appeals courts and limited hiring authorities of individual judges.

Corruption: There were numerous reports of government corruption during the year. On June 6, authorities arrested former Nayarit governor Roberto Sandoval and his daughter Lidy Alejandra Sandoval Lopez for corruption and money laundering. Sandoval remained in pretrial detention as of August.

As of August 25, former governor of Chihuahua Cesar Duarte was awaiting an extradition decision. In July 2020 he was arrested in another country pursuant to a Mexican extradition request on charges that he diverted millions of dollars in public funds.

As of November authorities held Emilio Lozoya in pretrial detention. In July 2020 authorities extradited Lozoya, former director of PEMEX, the state-owned petroleum company, from Spain. In 2019 the Prosecutor General’s Office opened a corruption investigation against Lozoya for receiving up to $10 million in bribes from the Brazilian construction firm Odebrecht. The Prosecutor General’s Office also obtained an arrest warrant against Lozoya’s mother for money laundering, and in 2019 Interpol agents arrested her in Germany. Lozoya accused high-level politicians representing multiple parties of complicity in his corrupt acts and was acting as a state’s witness in trials against them.

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.

Systemic Racial or Ethnic Violence and Discrimination

The constitution prohibits discrimination based on ethnicity, and a federal law prohibits all forms of discrimination. Nonetheless, discrimination was common against racial and ethnic minorities, including Black, Afro-Mexican, and indigenous groups. All states have additional laws against discrimination. In 2019 legislators passed a constitutional reform recognizing Afro-Mexicans as an ethnic group.

INEGI reported that 2 percent of the population (2.5 million) self-identified as Afro-Mexican. The National Council to Prevent Discrimination’s 2017 national survey on discrimination found 58 percent of Afro-Mexicans and 65 percent of indigenous persons considered their rights were respected “little or not at all.” The survey also reported 22 percent of persons said they would not share a household with an Afro-Mexican. The survey also reported that persons with darker skin completed 6.5 years of schooling, while those with white skin completed 10 years. A report from the Black Alliance for Just Immigration found black migrants faced widespread racial discrimination from individuals and authorities, particularly in accessing employment and services. Black migrants reported migration authorities detained Black migrants for longer periods than other migrants.

Indigenous Peoples

The constitution provides indigenous persons the right to self-determination, autonomy, and education. Most indigenous persons lived in marginalized communities, and the COVID-19 pandemic disproportionally affected these communities, according to the OHCHR. Conflicts arose from the interpretation of indigenous communities’ self-governing “normative systems.” 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 criticized the government for failing to consult indigenous communities adequately when making decisions regarding extractive industry and natural resource development projects on indigenous lands. The CNDH maintained a human rights program to inform and assist members of indigenous communities.

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.

Several indigenous communities denounced the government’s plan to build the Mayan Train, an estimated $7.5 billion dual cargo-passenger railroad to cross the Yucatan Peninsula through indigenous lands. Several indigenous communities brought legal actions to oppose the construction, many of which were dismissed or denied. As in 2020, NGOs in Campeche and Yucatan submitted multiple civil injunctions against the project citing a lack of transparency regarding environmental impact assessments and adverse effects on indigenous cultural heritage. Members of the Mayan community in Campeche reported the National Tourism Board pressured them to cease protesting and agree to leave their lands. The board identified 3,286 homes in five states for relocation before completion of the construction project.

On July 14, 10 indigenous men from the Yaqui tribe living in Sonora disappeared while transporting cattle in Bacum. Their abduction followed the killings of two Yaqui activists and leaders: Thomas Rojo in May and Luis Urbano in June. In July the Sonora State Prosecutor General’s Office detained Rojo’s alleged killer.

In Chiapas in July an unidentified perpetrator killed Simon Pedro Perez Lopez, a human rights activist and member of the Las Abejas de Acteal civil society organization. Lopez had filed a complaint with the Interior Secretariat asking for greater government intervention in the indigenous Tsotsil regions following increased drug trafficking-related violence.

As of September authorities made no arrests regarding the 2020 killing of prominent indigenous and environmental rights defender Homero Gomez. Gomez had advocated against illegal logging and the destruction of the Michoacan monarch butterfly habitat.

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.

Trafficking in Persons

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The law prohibits 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 is 18, including all work in the agricultural sector. The law prohibits minors from working in a broad list of hazardous and unhealthy occupations. The pandemic severely impacted the economy, resulting in a significant increase in the number of children engaging in child labor. Despite a government program to transmit public education classes via internet, television, and radio during the pandemic, reports suggested that at least 2.5 million children did not continue their basic education.

At the federal level, the Secretariat of Social Development, Prosecutor 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 violate such laws. The STPS is responsible for carrying out child labor inspections and refers cases of child labor to the Prosecutor General’s Office for sanctions. Penalties were commensurate with other similar laws but were rarely enforced. In 2020 the STPS Federal Labor Inspectorate conducted almost 30,000 labor inspections nationwide but reported finding only one case of child labor. State labor inspectors, however, reported finding evidence of child labor, particularly in agricultural establishments.

State-level prosecutors reported investigating at least 199 cases involving child trafficking victims in 2020. 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, in agriculture, and in construction, and nearly absent in the informal sector in which most child laborers worked. Inspectors generally were permitted to examine the informal sector only in response to complaints. Social programs to combat child labor did not address all sectors where child labor occurred. Children performed dangerous tasks in agriculture in the production of beans, chili peppers, coffee, cucumbers, eggplants, melons, onions, tomatoes, and tobacco. Children also produced garments, leather goods, and illicit crops such as opium poppies; engaged in illicit activities such as the production and trafficking of drugs; and experienced sexual exploitation, often as a result of human trafficking.

Underage children in urban areas earned money by begging, washing windshields, selling small items, or performing in public places.

According to a 2019 National Child Labor Survey, the number of children ages five to 17 in child labor, including in hazardous household work, was 3.3 million, or approximately 11.5 percent of children in the country. This represented an increase of 11 percent of children from the 2017 INEGI survey. Of all children, 7.1 percent, or two million, were younger than the minimum age of work or worked under conditions that violated federal labor law, such as performing hazardous work.

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/  as well as 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 law prohibit discrimination with respect to employment or occupation. Federal law specifically proscribes discrimination based on ethnicity, nationality, gender, age, disability, social status, health, religion, immigration status, political opinion, sexual preference, marital status, or pregnancy. The government did not effectively enforce the law or regulations. The law mandates that all discrimination cases, including sexual harassment, bypass formerly mandatory conciliation and proceed directly to the labor courts.

Penalties for violations of the law were commensurate with those for other similar laws. Discrimination in employment or occupation occurred against women, indigenous groups, persons with disabilities, LGBTQI+ individuals, and migrant workers. According to a 2017 INEGI survey, the most recent information available, 12 percent of women were 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 that 6 percent experienced sexual violence. The government approved the National Work and Employment Program for People with Disabilities 2021-2024, aimed at strengthening labor inclusion of persons with disabilities and supporting the employment of persons with disabilities in decent work.

Human Rights Reports
Edit Your Custom Report

01 / Select A Year

02 / Select Sections

03 / Select Countries You can add more than one country or area.

U.S. Department of State

The Lessons of 1989: Freedom and Our Future