List of issues : Mexico. 01/07/93.
CRC/C.4/WP.3. (List of Issues)
COMMITTEE ON THE RIGHTS OF CHILDREN
Fourth session
Pre-sessional Working Group
28 June-2 July 1993

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD


List of issues to be taken up in connection with the
consideration of the initial report of Mexico
(CRC/C/3/Add.11)

General measures of implementation
(Arts. 4, 42 and 44, para. 6 of the Convention)

1. Please provide more details about the process of preparing the report, in particular with regard to popular participation and the involvement of non-governmental organisations.

2. What concrete measures have been taken to make the report widely available to the public at large?

3. What further steps are planned for creating more widespread awareness among adults and children about the principles and provisions of the Convention (para. 14 of the report)?

4. What overall plans exist at present, to implement the provisions of the Convention at the national and local level? Please describe the steps taken to implement article 4 in regard to the allocation "to the maximum extent of (...) available resources for the rights of the child". Please indicate what proportion of the national budget is allocated to social priorities for children in official budgets, both central and local. What indicators or target figures are used in this context?

5. Please list any new legal codes (or amendments to previous laws) which have been adopted in the spirit of the Convention.

6. Please provide information on measures taken to establish mechanisms for collecting statistical data and other necessary information about the status of children as a basis for designing programmes for the rights of the child.

7. To what extent is international cooperation designed in order to enhance the implementation of the Convention? What share of international assistance is devoted to programmes which benefit children?


Definition of the child
(Art. 1 of the Convention)

1. Please clarify the meaning of para. 15 of the report vis-a-vis para. 17, It appears that although a person under 18 years enjoys the status of "national" he/she is not considered a citizen. Please also provide clarification on para. 44 of the report concerning the acquisition of Mexican nationality.

2. Please provide information on the minimum legal age for criminal responsibility, legal and medical counselling without parental consent, sexual consent and imprisonment, Please also indicate if there are any differences in these regards among the various federal States.

3. How does the minimum age for employment compare with the age of completion of compulsory schooling?


General principles

Non-discrimination (Article 2)

1. Please indicate specific and concrete measures taken to combat discrimination against girls/rural children/children belonging to minorities or indigenous communities/refugee children/asylum-seeking children/disabled children, including measures to eliminate and prevent discriminatory attitudes and prejudices.

2. What efforts are being made to collect desegregated data for groups of children on aspects relating to the Convention?

3. Are there any specific legislative provisions on non-discrimination in relation to children?

Best interests of the child (article 3)

4. Please indicate the ways in which the "best interests of the child" are taken into consideration in legislation as well as in judicial, administrative or other proceedings (para. 30 of the report).

Respect for the views of the child (article 12)

5. What concrete measures have been taken to sensitive public opinion and to educate personnel working with children about the need to encourage children's participatory rights?

6. Please indicate the way in which the principle of respect for the views of the child is reflected in all matters affecting the child, in particular in judicial and administrative proceedings.


Civil rights and freedoms
(Arts. 7, 8, 13-17 and 37(a) of the Convention)


1. Please indicate measures taken or envisaged to ensure that all children are registered after birth, including sanctions in case of non-registration or late registration. How is registration ensured particularly in rural areas?

2. How are children protected from violence and harmful influences in the mass media?

3. What steps are taken to protect children, for instance in cases of sexual abuse, from harmful exposure in the mass media?

4. What concrete steps have been taken to investigate cases of ill-treatment of children and prevent its occurrence (paras. 57 to 60 of the report)?

5. Is corporal punishment allowed in schools or other institutions for children? What specific legal provisions exist to protect children from being ill-treated? Are there complaints procedures which can be used by children themselves against such violations?


Family environment and alternative care
(Arts. 5, 18, paras, 1-2, 9, 10, 27 para. 4, 20, 21, 11, 19, 39, 25 of the Convention)

1. Please provide information on the status of children born out of wedlock.

2. Is parental education provided for, and are family counselling services

available?

3. Please indicate measures provided to ensure to children the continuation of contact with their parents after divorce.

4. Please provide information on measures available to enforce parental responsibility e.g. in maintenance for the child especially when one parent is not living with the child. What is the State responsibility in this connections

5. Have there been any reported cases of child abuse within the family? What legislative measures have been adopted to protect the child against such abuse and maltreatment as laid down in art. 19 of the Convention? Is research undertaken into the problem of ill-treatment and sexual abuse of children, including into social factors which influence such violations? What procedures exist for intervention by the authorities in cases where a child needs protection from serious abuse within the family? Can children lodge complaints concerning abuse or neglect?

6. Please indicate the number of children in alternative care and procedures for monitoring their conditions (paras. 78-87 of the report).

7. Please provide statistics about adoptions, and indicate measures taken to ensure that parents giving up their children for adoption are allowed sufficient opportunity to weigh the consequences and alternatives in stich institutions, Are there any legal sanctions in cases of corrupt practices concerning adoption, whether through deception or sale of children for adoption? Please indicate on incidence of illicit transfer and non-return of children.

8. What is the governmental policy and general attitude in society regarding the care of disabled children?


Basic health and welfare
(Arts. 6, para. 2, 23, 24, 26, 18 para. 3 and 27 paras. 1-3 of the Convention)

1. What proportion of the budget is allocated to health care, and to what extent is the health budget oriented towards children? Please comment on the balance between curative and preventive health programmes, Please provide in writing more detailed information on the National Health System and its functioning?

2. Please provide further information on:

- the measures taken to collect statistical and other data on child health and nutrition;

- the occurrence and treatment of HIV infection among children and parents as well as measures to prevent AIDS.

- the reasons for the high rate of peri-natal mortality and measures taken to reduce it.

3. Please provide clarification as to the meaning of the statement in para.182 of the report, according to which the Ministry of Labour and Social Security supervises and promotes labour legislation so as to intervene in the family environment especially, as to whether such action relates to the situation of children in the workplace.


Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)

1. What portion of the national budget is reserved for basic and secondary education? What are the major items in the education budget?

2. Please indicate whether children may be taught in indigenous languages.

3. What concrete steps are taken to ensure full implementation of article 28,2 of the Convention for the protection of the child's dignity?

Special protection measures

(a) Children in situations of emergency (arts. 22, 38 and 39 of the Convention)

1. To what extent is the policy towards refugee children consistent with the four principles of non-discrimination, the best interests of the child, the right to life, survival and development and the respect for the views of the child?

2. Please indicate whether any difficulties have been encountered by refugee children and, if so, how such difficulties have been tackled?

3. What is the minimum age for voluntary and compulsory recruitment into the armed forces?

4. What concrete measures have been taken for the implementation of article 39 of the Convention?

(b) Children in conflict with the law (Arts, 37, 39 and 40 of the Convention)

5. Please provide detailed information on the system of administration of juvenile justice and on the situation of children in conflict with the law and, in particular, on the following questions:

- Arrest, detention or imprisonment as a measure of last resort and for the shortest possible period of time;

- The number of children deprived of their liberty and the reasons why;

- The possibility of prompt access to legal and other assistance and of challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority,

6. Please clarify the "balanced manner" in which the System of Integral Treatment responds in dealing with the anti-social conduct of minors. Give more information regarding this System. (See para. 255 of the report).

7. Please also provide further information on the treatment of young law offenders and, in particular, on the following questions:

- What types of institutions exist for the custody of young offenders and what specific official rules are there for their treatment?

- What opportunities are there for contact with relatives?

- How are the conditions in such institutions monitored?

- Are there complaint procedures in cases of ill-treatment?

- Have personnel in these institutions received training about the provisions of the Convention and about international rules concerning the treatment of young offenders?

(c) Children in situations of exploitation (Arts. 32, 33, 34, 35, 36 and 39 of the Convention)

8. Are there sanctions provided for and enforced in cases of employment of children under 14? Are measures taken in order to make the community aware of the risks inherent in premature employment of minors?

9. Please provide relevant information on regulations, existing or planned, concerning the hours and conditions of employment.

10. Please provide information on the ratification of ILO Conventions relating to children and on their implementation.

I1. Please also provide information on specific measures taken to combat the sale and use of drugs by children, child prostitution as well as sale, trafficking and abduction of children.

(d) Children belonging to a minority or an indigenous group (Art. 30 of the Convention)

12. How is adherence to the provisions of the Constitution relating to the rights of indigenous peoples evaluated? Indicate the success of the programme initiated by the National Institute for Indigenous Affairs especially in relation to the rights of children to enjoy their own culture and language.


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