Lists of Issues - CRC - Mexico - CRC/C/Q/MEX/2 (2002)

List of Issues: Mexico. 28/06/2002.

CRC/C/Q/MEX/2. (List of Issues)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-Second Session
Pre-sessional Working Group
7-11 June 1999

IMPLEMENTATION OF THE CONVENTION OF THE RIGHTS OF THE CHILD

List of Issues to be taken up in connection with the
consideration of the second periodic report of Mexico (CRC/C/65/Add.6)

GENERAL MEASURES OF IMPLEMENTATION
(Arts. 4, 42 and 44, para. 6 of the Convention)

1. In addition to information provided in the report (paras. 64-66) and in view of the Committee's recommendation (CRC/C/15/Add.13, para. 15) regarding the need to harmonize federal and state legislation with the principles and provisions of the Convention, please indicate the status of the draft Code on the Protection of the Rights of the Child and the other proposed legislative amendments.

2. With regard to information provided in the report (paras. 54-63), please update information concerning the establishment of the Office of the Procurator for the Defence of the Rights of the Child.

3. With regard to information provided in the report (paras. 67-78) on the process of decentralization of services for children, please provide further information on how the existing mechanisms (e.g., National Human Rights Commission and the National System for the Integral Development of the Family/DIF) coordinate activities with all the Ministries and other governmental entities involved in children's issues as well as between local, state and federal authorities.

4. With regard to the Committee's recommendation (CRC/C/15/Add.13, para.15) concerning the need to monitor the implementation of the Convention, please indicate whether indicators have been developed and disaggregated data collected concerning the status of the most vulnerable groups of children, such as children with disabilities, children infected or affected by HIV/AIDS, child victims of abuse and exploitation, children belonging to single-parent families, children belonging to immigrant families, refugee children and children belonging to indigenous communities. Please indicate difficulties encountered in the collection and use of these data and indicators for the design of policies and programmes for the effective implementation of the Convention.

5. In addition to the information on the National Development Plan (1995-2000), the National Programme of Action (1995-2000) and the Programme for Education, Health and Nutrition (known also as PROGRESA) and in view of the Committee's recommendation (CRC(C/15/Add.13, para. 15), please provide updated information on measures taken to implement economic, social and cultural rights to "the maximum extent of [...] available resources" (art.4 of the Convention) and to allocate budgetary resources for children, both at the local, state and federal levels. In addition, please also indicate whether an evaluation of the impact of the above mentioned plans and programmes exists, and whether new programmes have been envisaged after the year 2000. Please indicate whether the State party has conducted an evaluation of the impact of the economic reforms on children.

6. Please indicate what further measures have been taken, or planned, to train professional groups such as judges, lawyers, law enforcement and army officials, civil servants including at the local level, personnel working in institutions and places of detention for children, health personnel and social workers, about the Convention. In addition, please indicate what measures have been taken to raise the awareness of the Convention among Government officials, legislators, non-governmental organizations and the mass media, as well as the public at large including children themselves.

7. Please provide further information on how governmental institutions relate to non-governmental organizations for the promotion and protection of children's rights and on the involvement of NGOs in the design and implementation of the Convention.

DEFINITION OF THE CHILD
(Art. 1 of the Convention)

8. With regard to information provided in the initial report (CRC/C/3/Add.11, para. 19), please indicate if the State party has taken measures to harmonize the legal minimum ages of marriage for boys and girls by raising the age for girls (see CRC/C/SR.106, paras. 35-40).

GENERAL PRINCIPLES
(Arts. 2, 3, 6 and 12 of the Convention)

9. Regarding the Committee's recommendation (CRC/C/15/Add.13, para. 18) concerning the situation of girls, please provide information on progress achieved on the implementation of specific policies and programmes in order to change traditional attitudes towards gender roles. Please also provide further information on measures taken against the discrimination of vulnerable groups of children (e.g., children with disabilities, children living and or working in the streets, children belonging to indigenous communities). Furthermore, please provide further information on measures taken to reduce regional disparities, especially concerning access to health services and education.

10. With regard to the implementation of article 6 of the Convention, please indicate whether the State party has undertaken any action on the alleged killing of children as a result of military operations in the State of Chiapas.

11. In view of the Committee's recommendation (CRC/C/15/Add.13, paras. 16 and 18), please provide information on progress achieved on the implementation of specific measures taken or planned to ensure that the principles of the "best interests of the child" (article 3) and "respect for the views of the child" (article 12) are reflected in legislation as well as in actions taken by social welfare institutions, courts of law and administrative authorities. Please also provide some examples of implementation of these principles by courts and/or administrative bodies. Please explain measures taken to promote that these rights are guaranteed within the family environment.

CIVIL RIGHTS AND FREEDOMS
(Arts. 7, 8, 13-17 and 37(a) of the Convention)

12. Please indicate progress achieved in the implementation of Committee's recommendation (CRC/C/15/Add.13, para. 8) regarding the need to recognize children as full subjects of rights, especially in relation to citizenship.

13. In view of the 1997 Children's Federal Elections, please provide further information on measures taken by the State party to continue fostering children's participatory rights as enshrined by articles 12, 13, 14 and 15 of the Convention. Additionally, please provide further information in relation to the participation of children in decision making in the school environment.
14. With regard to the Committee's recommendation (CRC/C/15/Add.13, para. 17), please indicate the number of cases of ill-treatment or cases of police brutality against children which have been submitted to domestic courts. Please also indicate whether rehabilitation has been provided for the victims of such crimes.

FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(Arts. 5, 18(1) and (2), 9, 10, 11, 19, 20, 21, 25, 27 (4), and 39)

15. Please provide updated information on the plans of entering into a bilateral international agreement on maintenance orders. Please indicate if the State party has envisaged acceding to the Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations of 1993.

16. With regard to the Committee's recommendation (CRC/C/15/Add. 13, para. 18) concerning the need to give priority to domestic adoption over inter-country adoptions, please provide further information on measures taken to prevent and eradicate the "illegal adoption" of children. Please provide additional information on the alleged reports concerning the existence of the so-called "fattening houses" where children are held captive by traffickers while waiting to be "illegally" adopted by foreigners.

17. Please provide further information on measures taken or envisaged on alternative measures to reduce the institutionalization of children(e.g., domestic adoption, foster care).

18. In light of the Committee's recommendation (CRC/C/15/Add.13, para. 18) and of the information provided in the report (paras. 385-390), please indicate whether the State party intends to conduct research on the issue of child abuse. Has the State Party envisaged further measures, including educational ones, to prohibit and eliminate the use of corporal punishment within the family, at schools, and other institutions?

Basic Health and Welfare
(Arts. 6, para. 2, 23, 24, 26, and 18, para. 3, and 27, paras. 1-3)

19. Please provide further information on specific measures taken or planned, particularly in rural and marginal urban areas as well as among indigenous communities, to ensure access to basic services such as clean drinking-water and sanitation and to reduce infant, child and maternal mortality.

20. With regard to adolescent health issues, please provide further information on the impact and achievements of the "Programme of Care for Adolescent Mothers". In addition, please indicate measure taken or envisaged to prevent the spread of HIV/AIDS among children and adolescents. Please provide further information on existing measures taken to address mental health problems, including suicide, drug, alcohol and substance abuse (e.g.,
glue sniffing).

Education, Leisure and Cultural Activities
(arts. 28, 29, and 31)

21. Please provide updated information on the impact and achievements of the basic education incentives programme (paras. 111-131 of the report). With regard to the implementation of article 29 of the Convention and in addition to the information provided in the State party's initial report (CRC/C/3/Add.11, paras. 194-217), please provide updated information on the implementation of the National Agreement for the Modernization of the Basic Education (1992). Please also indicate whether the State party has envisaged incorporating the teaching of human rights, in particular children's rights, in the school curricula.

Special Protection Measures

(Arts. 22, 30, and 32-40 of the Convention)

22. In view of the situation in the State of Chiapas, please provide further information on the situation of children living in this region, who are constantly exposed to the negative impact of anti-insurgency military operations (see CRC/C/15/Add.13, para. 6).

23. With regard to the administration of juvenile justice, please indicate what progress has been achieved to redress the Committee's concern on this issue (see CRC/C/15/Add.13, para.11), in particular regarding the need to harmonize domestic legislation (at the federal and state level) with the Convention and with other international human rights standards. Please provide further information on measures taken to harmonize the existing different ages of criminal responsibility both at the federal and state levels.

24. With regard to the information provided in the report regarding special protection measures for child workers (paras. 147-167), please indicate whether the State party has the intention of implementing a national policy to prevent and combat economic exploitation of children and to eliminate the most hazardous forms of child labour, especially in the informal sector. Please also indicate whether the State party has envisaged ratifying the 1973 ILO Convention (No. 138) regarding minimum age for admission to employment.

25. With regard to information provided in the report (paras. 203-206), please inform the Committee on the plans to adopt a comprehensive plan of action taking into account the recommendations of the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children. Please provide updated information regarding follow-up measures on the recommendations made by the Special Rapporteur of the sale of children, child prostitution and child pornography (E/CN.4/1998/101/Add.2).

26. Regarding the information on "repatriated children" (paras. 340-354) and in view of the fact that the State party is a transit country for Latin American migrants to the United States, please provide further information on measures taken to facilitate law enforcement and to prevent the trafficking of children.