State Reports - CESCR - Mexico - E/1994/104/Add.18 (1997)

Third periodic report : Mexico. 27/01/98.

IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Third periodic reports submitted by States parties under articles 16 and 17 of the Covenant in accordance with the programmes established by Economic and Social Council resolution 1988/4

Addendum

MEXICO */ **/

1. In fulfilment of its obligations as a State party to the International Covenant on Economic, Social and Cultural Rights, Mexico submits its third periodic report under articles 16 and 17 of the Covenant.

2. Article 133 of the Constitution of the United Mexican States provides that international treaties signed by the President of the Republic and approved by the Senate, together with the Constitution itself and the laws enacted by the Federal Congress, shall constitute the supreme law of the entire nation, and the International Covenant on Economic, Social and Cultural Rights therefore forms part of the national legislation and may serve as the basis of any legal action.

3. In accordance with the principles established in its Constitution, the Mexican State shares the responsibility and concern of the international community to protect and monitor the full exercise of human rights and fundamental freedoms, and to this end it has signed and ratified various global and regional legal instruments dealing with this matter.

4. When acceding to the International Covenant on Economic, Social and Cultural Rights, Mexico reaffirmed that the rights recognised in the Covenant were in force in Mexico, thus contributing to the extension of their universal validity and undertaking a firm commitment to that end with the community of nations.

5. Mexico's dedication to liberty is the foundation of the defence, protection and promotion of the human rights of Mexicans in Mexico and abroad. In Mexico, the protection of human rights is not a concession to society but the primary obligation of the Government towards its people.

6. Mexico recognises the need for strict compliance with the requirements of a State governed by law and for unimpeded respect for the human rights established in its Constitution. The chapter on individual guarantees and social rights in Mexico's Magna Carta is consistent with Mexican constitutionalism and with the most up-to-date concepts of international law.

7. The present report describes in detail the measures taken by the Mexican Government to achieve the full and effective exercise of economic, social and cultural rights in the period 1992-1996.

8. The information concerning article 1 of the Covenant contained in the second periodic report of the Government of Mexico remains valid, as does the relevant information contained in the reports which it has submitted to the Commission on Human Rights.

Progress achieved with respect to the objective of full and effective enjoyment of the rights recognized in the Covenant

9. The Mexican Government recognises the magnitude of Mexico's economic, social and cultural shortcomings and understands that the vicious circle of poverty will not be broken unless it implements many different measures for the benefit of the poorer social groups: reduction of the high fertility rates; provision of adequate education and training; action to combat malnutrition, morbidity and mortality due to infectious and parasitic diseases; provision of opportunities for productive employment; and improvement of living conditions through provision of cultural, sports and recreational services.

10. Under the current administration the education effort has concentrated on basic education by strengthening the programmes to combat the educational backwardness of the country's poorest communities. For example, enrolment in the school system in 1995 saw an increase of approximately 594,600, so that by the end of that year there were 26,946,700 students enrolled at all levels, 83.8 per cent of them in basic education.

11. The decentralisation to the states of the services of the Ministry of Health has provided a response to the need to base the health system more on functions than on social groups. This process was begun in early 1995 and completed in the first half of the present Government's term of office; the Ministry will now turn its attention to guidance and standard-setting functions with respect to national health policies.

12. The amendments to the Act governing the Mexican Social Security Institute (IMSS), which will enter into force on 1 July 1997, will lay the foundations for the Institute's financial viability, as well as expanding and improving the medical and social security services which it provides. In addition, IMSS has extended by six months the period of medical care available to unemployed workers at its labour centres, as a clear indication of support for this social sector of the population.

13. The outstanding development in housing has been the implementation of a special programme to ease the financial burden on persons taking out mortgages resulting from increases in interest rates, and to provide resources to complete housing currently under construction and reactivate the construction of new housing, especially social housing.

14. The need to coordinate the efforts of all public institutions with respect to nutrition and to agree new forms of coordination and collaboration with the state and municipal Governments led to the introduction of the family food and nutrition programmes and measures for children; the aim is to unify positions on the priorities with respect to nutrition and food care aimed mainly at children under five, children of school age, pregnant and breastfeeding women, and the municipalities exhibiting the country's highest levels of malnutrition and poverty.

Efforts to guarantee observance of the right to an absolute minimum standard of living for everyone in the light of the availability of resources

15. In 1995 there was a significant decline in the economic growth rate and in the absorption of manpower in Mexico. GDP fell by almost 7 per cent, something which had not happened for nearly 50 years. In addition, 22,186 enterprises ceased to contribute to IMSS, the currency was devalued by 44 per cent in the course of 1995, and inflation escalated to a rate of about 52 per cent for 1995 as a whole.

16. Unemployment and the working conditions of the employed also continued to deteriorate at a faster rate during the difficult year of 1995. In August 1995 the rate of open urban unemployment was 7.6 per cent, the highest level reported by urban employment surveys since 1983. In the light of these indicators, the social development policy of the Government of the Republic was concentrated on maintaining the people's living standards and easing the impact of the crisis on society's poorer groups by providing increased education, health, nutrition, food and training services for workers, and gradually but firmly promoting the decentralisation of functions and resources to the states and municipalities.

17. The final results of the 1995 population and housing census carried out by the National Statistics, Geography and Information Technology Institute (INEGI) showed the following percentage distribution of total income among households nation-wide, including income from work and pensions, investment income and bank interest, help from family members living abroad, help from the rural areas support programme (PROCAMP0), and grants and assistance from other institutions:

18. These statistics also describe the various subsidies paid to the economically more disadvantaged members of the population, as part of the Government's effort to provide all Mexicans with an absolute minimum standard of living. The percentage distribution of the availability and type of subsidy for the whole country is as follows:

- other subsidies/ The "other subsidies" include student grants, school lunches and vocational training grants; the total of the percentages for types of subsidy may be greater than 100 per cent owing to the fact that some households receive more than one subsidy. 37.11

19. The Government of President Ernesto Zedillo has taken a number of actions to restore the country's economic growth, which should be reflected in the family and personal incomes of the population. The National Development Plan 1995-2000 stipulates the need to promote the kind of social development which provides the whole country with opportunities for personal and community improvement in accordance with the principles of equity and justice, giving priority to the groups, communities and geographical areas suffering the most serious economic and social disadvantages.

20. The strategy for overcoming poverty and marginalization has two basic focuses: social participation; and coordination between the Federal Government and the states and municipalities in accordance with a global concept linking measures to combat deficits in basic services with promotion of productive projects and the construction of regional infrastructure. The aim is to create the conditions for bringing the benefits of education, health, nutrition, housing, urban services, basic infrastructure and environmental conservation to the most needy groups in order to improve their living conditions, taking advantage of the existing social and civic arrangements. Where production is concerned, the aim is to develop the productive potential of individuals and regions in order to break the vicious circle of poverty and inequality.

Legislative and administrative measures adopted between 1992 and 1996 in order to guarantee exercise of the rights recognized in the Covenant

21. The National Development Plan 1995-2000 is very clear in establishing objectives, strategies and lines of action for the exercise of the rights recognized in the Covenant.

22. The following legislative and administrative measures were adopted between 1992 and 1996.

23. On 28 January 1992 articles 3 and 130 of the Constitution were amended as part of the establishment of the new relationship between Church and State. On 15 July 1992, on the basis of this reform, the Government promulgated the Religious Associations and Public Worship Act, article 9, section V, of which states that religious associations are entitled to participate individually or together with other physical or moral persons in the constitution, administration, maintenance and operation of educational institutions, provided that they do not seek profit and comply with the relevant legislation.

24. The national agreement for the modernization of basic education was published on 18 May 1992. This document addressed the reorganization of the national education system, the reformulation of curricula and teaching materials, and the upgrading of the status of the teaching profession, as well as providing for the transfer of the management of schools at the preschool, primary, secondary and teacher-training levels, with all their infrastructure, from the Ministry of Public Education (SEP) to the local governments. In order to give concrete effect to these measures, further agreements were concluded, on the basis of the national agreement, between the Federal Government and the government of every federal state.

25. On 5 March 1993 article 3 of the Constitution was again amended to establish the obligation of the State to provide preschool, primary and secondary education and to promote all kinds of education, including higher education, necessary for the country's development, and the obligation to support scientific and technological research and encourage the development and dissemination of Mexico's culture. This reform also made primary and secondary education compulsory and established that private individuals could provide all types and modalities of education. However, in the case of primary and secondary education and teacher training, private individuals must obtain the prior express authorization of the State. In other areas of education private individuals may obtain official certification of the education provided. Article 31 of the Constitution was amended consequentially to establish the obligation of citizens to ensure that their children or wards aged under 15 years attend a public or private school for primary and secondary education.

26. On 13 July 1993 the Diario Oficial de la Federación published the General Education Act, which revoked the Federal Education Act of 29 November 1973. This new Act regulates the education provided by the State (Federal Government, federal states, and municipalities) through official institutions and private institutions having authorization or official certification. It also stipulates the obligation of the State to provide educational services to ensure that the whole population can receive preschool, primary and secondary education, and to encourage the increased participation of private individuals in the funding of education. It is important to point out that this Act makes available to private individuals providing education on the basis of authorization or official certification with an administrative recourse with respect to review of the decisions of the education authorities. Pursuant to this legislation, 17 federal states have so far enacted new laws on education incorporating the innovations contained in the Federal Constitution and the General Education Act.

27. The following legislative and administrative measures were adopted between 1992 and 1996.

28. On 3 September 1993 the Diario Oficial de la Federación published the agreement establishing the national system of creative workers, which has the following main objectives: to promote creative activities in the arts as part of human training; to promote and establish machinery for the provision of grants, awards, honours and other incentives for creative workers; and to provide better conditions for creative work.

29. On 4 October 1993 an interdepartmental commission was created to protect, supervise and safeguard intellectual property rights, with a view to coordinating the activities of the various agencies of the Federal Administration and thus secure the comprehensive and proper application of the Federal Copyright Act and the Promotion and Protection of Industrial Property Act. This commission is composed of representatives of the Ministries of the Interior, Finance and Public Credit, Trade and Industrial Promotion, and Public Education, and of the Office of the Attorney General of the Republic and the Office of the Public Prosecutor of the Federal District.

30. On 20 December 1993 the Diario Oficial de la Federación published the North American Free Trade Agreement concluded by Mexico, Canada and the United States of America. As a result of the signature of this instrument, on 22 December 1993 the Act giving effect to article 5 of the Constitution, concerning the exercise of professions in the Federal District, was amended to allow foreigners to exercise in the Federal District the professions covered by the Act, subject to the international treaties to which Mexico is a party or, if no relevant treaty exists, to the reciprocity and other requirements provided for in Mexican law.

31. On 28 July 1994 the Sports Promotion Act of 27 December 1990 was amended to extend to all citizens opportunities for engaging in sports as part of their comprehensive training, with emphasis on the importance to society of the physical education of its members.

32. On 24 December 1996 the Diario Oficial de la Federación published the Federal Copyright Act, which revoked the Federal Copyright Act of 29 December 1956. This new legislation seeks to promote the production and efficient diffusion of culture and brings up to date the legal framework of copyright and related rights, as well as clarifying the regulation of these matters.

33. Here the outstanding development is the reform of the National Health Service, the main purpose of which is to extend the cover of the health services and strengthen federalism, in order to fulfil the commitments undertaken with respect to health and to respond more effectively to the challenges of demographic and epidemiological developments by means of five basic measures:

(e) To guarantee, by means of local and regional measures, a minimum package of services offering the whole population access to basic care.

34. This reform of the National Health Service implied the total decentralisation of the Ministry of Health, a move carried out in 1996. The aim of the new federalism advocated by the Government is to strengthen the state health systems, narrow the gaps in health care between regions and states, and encourage greater social participation in self-care. Accordingly, the strategy for the decentralization of the Ministry of Health has two complementary components: operational resources, and substantive activities.

35. The National Health Council was created in order to support the reform and the decentralization of services; its main focuses are extension of the cover and improvement of the quality of the people's health services, consolidation of the linkages between health areas and municipalities, provision of additional human, financial and material resources, and expansion of the physical infrastructure.

36. In the light of an objective and true diagnosis which revealed the weaknesses of the Mexican Social Security Institute (IMSS), radical changes had to be made in its structures. This diagnosis provided the basis for the proposal for social security reform, which led to the new Social Security Act adopted in December 1996 by the Congress of the Union. This Act, which entered into force on 1 July 1997, reaffirms the responsibility of the State to provide social security, extend and improve the cover of the services, guarantee decent pensions for workers, and encourage domestic savings.

37. Following the entry into force in September 1991 of ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, a number of changes were made in national legislation, introducing provisions applicable specifically to Mexico's indigenous population.

38. There have been two important amendments to the Constitution: one to article 27, published in the Diario Oficial de la Federación on 6 January 1992, announcing that the land of indigenous groups will be protected; and the addition of a paragraph 1 to article 4, published on 28 January 1992, recognising the multi-cultural character of the Mexican nation.

39. This federal legislation has provided the basis for a number of state reforms. For example, 14 of the 31 federal states have included in their constitutions the principles enunciated in the first paragraph of article 4 of the Constitution, which provides for specific treatment of the federal states in the light of their individual characteristics.

40. Where education is concerned, the General Education Act and the internal regulations of the Ministry of Public Education, published on 26 March 1994 in the Diario Oficial de la Federación, state the topics which must be included in curricula in order to encourage respect for indigenous languages and cultures and help to improve education standards in regions with indigenous populations.

41. Where administrative matters are concerned, the Ministry of Social Development, which was created by a decree published in the Diario Oficial de la Federación on 25 May 1992, was assigned, among other functions, the function of producing, coordinating and implementing special programmes for the most vulnerable social groups, particularly indigenous groups.

Legislative and administrative measures and policies to prevent discrimination of any kind in the effective exercise of the rights contained in the Covenant

42. Guarantees of equality are provided in article 1 of the Constitution of the United Mexican States:

43. Article 4, paragraph 2, of the Constitution states with regard to gender equality:

45. All the guarantees mentioned above have been contained in the Constitution since 1917; however, the only provision of the Constitution referring to indigenous peoples is the addition introduced in the first paragraph of article 4 in 1992:

46. Pursuant to the General Population Act, foreigners who enter or remain in Mexico with immigrant or non-immigrant status may engage only in the activities specifically authorized in their entry permits. Foreigners living in Mexico with the status of non-immigrant may in general terms pursue any lawful activity.

47. In addition, pursuant to article 66 of the General Population Act, all foreigners, except those entering the country in transit to another country, may acquire securities with fixed or variable yields and make bank deposits, and acquire urban real estate with full legal title, subject only to the restrictions set out in article 33 of the Constitution of the United Mexican States and the legislation giving effect thereto.

48. On 8 November 1996 the Diario Oficial de la Federación published a decree amending, expanding and revoking certain provisions of the General Population Act, including the amendment of articles 42 and 48 to facilitate family reunification and authorize dependants of foreigners to engage in money-making activities in specified cases, thus extending the scope of the human rights of foreigners in Mexico.

Information on the practical situation of women with respect to the enjoyment of all the rights set forth in the Covenant

49. In view of women's functions in the family, social and production areas, the Government has given special emphasis to enhancement of their status; they have a strategic role to play in the promotion of social and economic development, the advance of democracy, and the transmission of cultural values.

50. Attention must be drawn to the health and social security measures adopted by IMSS for the benefit of women, which also focus on the educational component of training for work. The activities carried out under the new approach of retargeting the IMSS social benefits (creation of a pro-health culture, contribution to social welfare, and improvement of living standards) are described in annex I.

51. Additional information on the situation of women with respect to the enjoyment of all the rights set forth in the Covenant will be found in the third and fourth consolidated reports of the Government of Mexico concerning the Convention on the Elimination of All Forms of Discrimination against Women, submitted last March, which describe in detail the current governmental programmes and measures to improve the situation of Mexican women and secure their equal participation in the country's economic and social development in accordance with the National Development Plan 1995-2000.

Information on any limitations imposed and the extent to which the requirements of this article have been satisfied

52. The Government does not impose any limitations on the enjoyment of the rights set forth in the Covenant, except as stated in the reservation entered at the time of Mexico's accession to this international instrument in relation to article 8, which is applied in the Mexican Republic in accordance with the modalities and procedures provided for in the applicable provisions of the Constitution of the United Mexican States and of the legislation giving effect thereto, with respect to the right of association, trade-union freedom, and the right to strike.

Indicate whether any article of the Covenant may give rise in practice to misinterpretation of the Covenant or to a conflict with national legislation

53. As part of its effort to strengthen its institutions the Mexican State has always worked for the welfare of its population and the protection of fundamental human rights: since the promulgation of the Constitution in 1917 these rights have been regulated under the heading of individual guarantees.

54. These guarantees may be invoked by any citizen who considers that they have been infringed. In addition, since Mexico is a State governed by the rule of law, it has been able to ratify international human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, amongst others, in accordance with the legal basis provided by article 133 of the Constitution of the United Mexican States:

The situation, level and trends of employment, unemployment and underemployment, in respect of both the aggregate and particular categories of workers such as women, young persons, older workers and disabled workers; groups, regions or areas considered particularly vulnerable

55. The impact of the economic and financial crisis on employment and the decline in the real wages of workers in 1995 have no precedent in Mexico's recent history.

56. The economic emergency, expressed in a sizeable drop in gross fixed investment and the shutdown of sources of employment, made it necessary to introduce special social development programmes for the creation of temporary jobs as a means of reactivating productive activities in the most backward rural and urban areas suffering the greatest difficulties.

57. In addition, the Federal Government strengthened the regular programmes of job protection, manpower training, and protection of workers' incomes, in order to maintain the production apparatus and promote the necessary structural changes for the economy to recover its growth capacity and increase its productivity and competitiveness in relation to the rest of the world.

58. The evolution of employment reflected the economic slow-down. In contrast, the jobs generated by the export assembly industry maintained a positive trend, achieving an increase in the number of enterprises as a result of the more extensive presentation of its products in the international and domestic markets. In the period January-December 1995, according to information from the National Statistics, Geography and Information Technology Institute, this branch of industry recorded an increase of 56,935 jobs, up 9.8 per cent over the same period in 1996.

59. The most widely used indicator of employment in Mexico is the number of permanent insured workers registered with the Mexican Social Security Institute (IMSS), as shown in table 1 in annex II. With regard to indicators of unemployment and underemployment, table 2 in this annex shows the rate of open unemployment and the rate of partial employment due to market forces and unemployment. This latter figure includes, in addition to the openly unemployed, persons who work fewer than 35 hours a week for market reasons.

60. The way in which unemployment affects both women and men can be seen from table 3. Information on the impact of unemployment on young persons and older workers is given in table 4. The towns with the highest rates of open unemployment in the past five years are listed in table 5.

61. The National Development Plan 1995-2000 (NDP) states the following two objectives with respect to employment and productivity:

(a) To promote conditions to stimulate the maximum possible demand for labour for the efficient operation of the production apparatus;

62. The NDP includes a sectoral programme in this area, called the Programme of Employment, Training and Protection of Labour Rights 1995-2000 (PECDDL), which indicates the policies to be pursued in order to achieve the objectives mentioned above. This Programme is based on the following five strategies for the Ministry of Labour and Social Welfare (STPS) during the present administration.

63. Measures on linkage and adjustment of the labour market. These measures are designed both to improve management and linkages in the labour market and to continue the support for the training of unemployed workers with a view to their incorporation or reintegration in the labour market. It has the following policies:

(a) To step up the modernization of the operational capacity of the National Employment Service (SNE);

64. Improvement of training and promotion of labour productivity. This strategy seeks to develop and entrench a training culture and the production of the skilled human resources required by the changes in production processes, and to encourage the establishment of formal wages systems for workers. The following policies are to be carried out to this end:

(a) To support the development of training in the labour centres and improve the linkages between the training services and the needs of business;

(b) To encourage the establishment of systems of productivity incentives in enterprises;

(c) To enhance the scope and efficiency of the integrated quality and modernization programme (CIMO), which provides on-the-job training for workers in coordination with enterprises;

(d) To develop the national system of labour skills (SNCL), which will recognize the work skills acquired by individuals.

65. Improvement of the working environment. The aim is to encourage the growth of a culture of prevention, to improve the environmental conditions in which work is performed, and to adapt the legislative framework for safety and hygiene by means of the following actions:

(a) To promote in the production sectors the advantages provided by a safe working environment;

(b) To update the official regulations as new technologies are introduced and changes are made in the organizational development of labour;

(c) To encourage research in this area by means of agreements with the social and private sectors and with the competent public agencies.

66. Increased decentralization and expansion of the negotiating bodies in the labour sector. The aim is to consolidate the activities of the Mexican Productivity and Competitiveness Council (COMEPROC) in order to transform it into an agency for coordination of the work of the three branches of government. The following policies will be pursued:

(a) Promotion of the activities of COMEPROC by establishing state productivity and competitiveness councils (CEPROC) in each federal state and by supporting research on the labour sector in the student and academic community;

(b) Expansion of the decentralization of the programmes of the Ministry of Labour and Social Welfare.

67. Protection of labour rights and modernization of labour courts. This strategy seeks to provide broader protection of the workers' rights established in the Constitution of the United Mexican States, the Federal Labour Act, and the legal system in general. The policies are as follows:

(a) To modernize the structure and operation of the Federal Conciliation and Arbitration Board by enhancing its operational independence;

(b) To devolve, within the framework of the Act, the necessary powers to the special boards of the Federal Board located outside the capital of the Republic, in order to bring justice closer to the places where it is sought;

(c) To strengthen the conciliation services as an alternative means of dispute resolution, and to ensure that arbitral awards are implemented efficiently and promptly;

(d) To expand and improve the cover of the services of the Federal Labour Protection Office;

(h) To improve the quality and cover of the federal labour inspection agencies in order to ensure the full application of existing legislation in the workplace;

(i) To improve the administrative procedures for dealing with violations of the labour legislation, giving emphasis to preventive and corrective measures and not merely to punitive measures;

(j) To proceed with the modernization of the administrative procedures for dealing with labour cases;

(k) To leave responsibility for the inspection and sanction functions with the Federal Labour Office and the General Legal Affairs Office, in order to enhance the impartiality and integrity of the civil service;

(l) To strengthen even further the lines of communication between the Ministry's various administrative units with a view to ensuring uniform legal standards in the performance of their duties.

68. Furthermore, in 1995, as one of the measures taken to support the labour market, the National Employment Service (SNE) promoted the placement of workers, the training of unemployed persons, and the study of local and regional labour markets.

69. SNE operates in coordination with the governments of the federal states through the state employment services (SEE), which have a network of 99 employment offices in 83 of the country's main towns.

70. In accordance with the provisions of the memorandum of understanding signed in 1977 by the Governments of Mexico and Canada, Mexican farm workers will continue to be sent to Canada. In 1995, 4,886 farm workers were sent, most of them from the States of México, Guanajuato, Hidalgo, Tlaxcala and Morelos, to the Canadian provinces of Ontario, Quebec, Alberta and Manitoba, under the programme for temporary employment of Mexican farm workers in Canada.

71. On the basis of coordination among the federal, state and municipal governments, an emergency programme of temporary employment was initiated by the present administration under the agreement on social development, in order to mitigate the most serious effects of the crisis on the groups suffering the most acute poverty and marginalization. This programme operates in the 31 states of the Republic and gives special attention to the 22 towns with the most serious unemployment problems. The programme has included the construction of works of benefit to the community such as sidewalks and kerbing, street paving, remodelling of public squares, road improvements, repair and dredging of irrigation channels, clearance and levelling of farm land, etc., which generated 585,361 temporary jobs, 60.4 per cent of them in the States of Chiapas, Chihuahua, Guanajuato, Hidalgo, Jalisco, Michoacán, Oaxaca, San Luis Potosí, Tabasco, Tamaulipas and Yucatán.

72. The Ministry of Communications and Transport initiated a special programme of labour-intensive maintenance of rural roads with a view to generating jobs in rural communities in the areas experiencing the most serious marginalization and unemployment. This programme received an allocation of 308 million pesos to cover 56 per cent of the network of rural roads for which the Ministry is responsible and generate more than 16 million days of work, representing 166,890 direct temporary jobs. A special housing and employment programme was also established in order to stimulate the construction industry and generate 200,000 jobs.

Indicate whether there exist groups suffering some form of discrimination or in an especially disadvantaged situation with regard to the right to work

73. Article 123 of the Constitution of the United Mexican States establishes clearly that everyone has the right to worthy and socially useful work, and that job creation and social organization for work shall be promoted for this purpose.

74. Along these same lines, articles 3 and 5 of the Federal Labour Act provide that work is a social right and duty; it is not an item of trade, and it demands respect for the freedoms and dignity of the worker and must be exercised in conditions which guarantee life and health and decent living standards for workers and their families. This legislation also states that no distinctions may be made between workers on the ground of race, sex, age, religious belief, political opinions or social status; nobody shall be prevented from working or pursuing the profession, industry or trade of his choice, provided that they are lawful. The exercise of these rights may be prevented only by decision of the competent authority when the rights of others or those of society are under attack.

75. With regard to indigenous peoples, on 5 September 1990 the Mexican Government ratified ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, under which it assumes responsibility for carrying out, in conjunction with the peoples concerned, coordinated and systematic measures to protect their rights and guarantee respect for their integrity.

76. An open trade policy demands increased economic productivity in order to cope with an increasingly competitive environment. The creation of permanent jobs and increase of the real incomes of workers are essential conditions for achieving national economic growth.

77. One of the principles of labour policy in Mexico is to promote increased labour productivity. In this connection, as mentioned above, May 1995 saw the creation of the Mexican Productivity and Competitiveness Council (COMEPROC), made up of representatives of the country's production sectors and various agencies of the Federal Government, with the aim of promoting a national culture of productivity, quality and competitiveness in economic activity.

78. In 1995 an extensive programme for the training and further training of specialized workers in the production sectors was carried out under the auspices of COMEPROC. Organization seminars and workshops were held for 31 economic branches in 27 federal states, and 6,792 persons received training in coordination with the state governments and university institutions; productivity and quality diplomas were also awarded to trade-union and business leaders in the States of México, Nuevo León and Puebla.

79. In order to boost the production potential of the labour force and support the sustained growth of output, the Government has taken further measures to increase the number and quality of work training schemes.

80. A programme of training grants for unemployed workers (PROBECAT) has been operating since 1984, providing training, retraining and basic instruction for the unemployed, with a view to increasing their productivity in a possible job and, at the same time, facilitating their return to work.

81. In 1995, under the agreement on a united effort to combat the economic emergency (AUSEE), it was decided to expand the cover of PROBECAT from the 250,000 grants originally programmed in 1995 to 350,000; in accordance with the provisions of the Alliance for Economic Recovery, in 1996 the number of grants was further increased to 450,000.

82. For the operation of this programme the Ministry of Labour and Social Welfare transferred to the state governments and the authorities of the Federal District budgetary resources totalling 596.9 million pesos. In addition, in 1995 PROBECAT expanded its cover to new population groups by negotiating and coordinating training activities with other governmental institutions in order to produce skilled manpower for the implementation of projects and activities connected with the provision of community services in urban and rural areas.

83. Again in 1995, resources from international financial bodies were used to establish under PROBECAT the local employment and temporary jobs initiatives (PILEOT); the aim was to extend the training activities to underemployed persons living in precarious circumstances in urban and rural areas and to carry out productive community projects and improve the local social infrastructure. This component benefited 146,361 unemployed and underemployed persons; 11,907 courses were held and 4,457 small enterprises and family workshops acted as education/learning sites for the grant-holders.

84. PROBECAT also assisted disabled persons and groups, holding 37 training courses for 726 persons between January and December 1995.

85. A comprehensive quality and modernization programme (CIMO) was initiated in 1987; it provides subsidies for on-the-job training of workers in micro, small and medium-sized enterprises and in export production units, which take an active part in the programme in the light of their needs with respect to the establishment and development of training, quality-control and productivity systems.

86. In 1995 CIMO expanded its annual target from 250,000 to 350,000 subsidies, and in addition the Alliance for Economic Recovery decided to increase to 450,000 the number of workers assisted in 1996. Attention must be drawn to the impact which CIMO has had in promoting investment in training and technical assistance for enterprises, for it has secured a significant increase in their productivity levels and numbers of protected jobs, and reduced staff turnover, as well as improving their organizational arrangements and the quality of the goods and services produced.

87. At present CIMO is supporting micro, small and medium-sized enterprises in 110 branches of economic activity in the industrial, agro-industrial, farming, fisheries, forestry, tourism and services sectors.

88. In 1995, as part of the project on modernization of technological education and training 1995-1999 (PMETyC), the Ministry of Public Education and the Ministry of Labour and Social Welfare initiated the necessary measures to establish the technical, methodological and financial bases for the introduction of occupational skills standards; these standards will define accurately the skills and aptitudes which a worker must possess in order to hold a job in the production sector. One of the effects of these measures will be to facilitate the mobility and further training of workers by providing a system for certifying their skills regardless of the way in which these skills have been acquired.

89. In order to lay the foundations for restructuring the various forms of training available to Mexico's labour force and provide better linkages between work training centres and enterprises, the Council on Standardization and Certification of Occupational Skills was established in 1995 with a mandate to develop a standardized system of skills and certification which will offer workers formal recognition of the experience acquired in the performance of one or more jobs.

90. Under this project the Ministry of Labour and Social Welfare is responsible for implementing a subproject to stimulate the demand for training, which operates through the physical infrastructure of the CIMO and PROBECAT programmes. It is important to emphasize here the 16 pilot training programmes based on occupational skills standards carried out in 16 enterprises, and the award of 1,995 training grants to unemployed persons in 99 skill modules.

91. With regard to training in the federal civil service, federal agencies have introduced improvements in the education/learning process in order to achieve a high level of efficiency and effectiveness in the generation and provision of goods and services to society and to improve the performance of public servants by means of continuous training. According to figures from the Integrated Information System, 16,390 courses were held in 1995 and 200,880 public servants received training.

92. Although the rate of open unemployment has not moved back down to the levels of the period before the arrival of the financial crisis at the end of 1994, Mexico's labour market does not have high levels of open unemployment in comparison with more developed countries. What Mexico does have, however, is problems of low levels of productivity and poor working conditions, which impede proper accumulation of human capital and produce low rates of economic growth.

93. Despite Mexico's low levels of open unemployment, for more than 10 years now its economy has seen a rapid increase in the labour force, which has not been adequately absorbed in the formal sector.

94. In addition to this rapid growth in the labour force, another factor which has proved a major obstacle to full employment is the tendency for production processes to become more capital-intensive; combined with changes in the sectoral and industrial structure of the economy this means that productive activities are tending to require fewer workers per unit of capital.

95. Lastly, as mentioned above, Mexico's labour market does not have any problems with respect to the freedom to choose a job.

Proportion of men and women holding more than one job in order to secure an adequate standard of living for themselves and their families

Percentages of working population holding a second job

This information refers to the second half of each of the years listed. It does not indicate why two jobs are held, but the main reason tends to be connected with declines in income, as in 1994 and 1995 for example, when real average wages in manufacturing fell by 23.4 per cent.

Measures of a legislative and other nature adopted between 1992 and 1996 affecting the right to work

98. There are three basic types of wage: minimum wages (general and occupational), contractual wages fixed by individual labour contracts, and contractual wages fixed by collective agreements.

99. Minimum wages are fixed by the National Minimum Wages Commission (CNSM), which is a tripartite body made up of representatives of workers, employers and Government. The levels are fixed annually and come into force on 1 January. However, a level may be revised when economic circumstances so justify.

100. Individual contractual wages are negotiated directly by the representatives of the enterprise and the worker or workers.

101. Article 393 of the Federal Labour Act stipulates that collective labour contracts must state the amount of wages ("tabulador"). Article 399 bis states that wages shall be reviewed every year. The negotiation is conducted by the trade union party to the collective contract and the representatives of the enterprise.

102. There are two types of minimum wage: general and occupational. The general minimum wage applies in specified geographical areas and is the smallest cash amount which a worker must be paid for the services rendered in a working day. The minimum occupational wage applies in specified branches of economic activity or for specified occupations, professions or jobs; a total of 88 occupations is currently recognized by CNSM.

103. The minimum general wage must be sufficient to meet the normal material, social and cultural needs of a head of family and to provide for the compulsory education of any children. The minimum occupational wage also takes into account conditions in the various economic activities.

104. In 1995 17.9 per cent of workers contributing to IMSS received a minimum wage; 32.9 per cent received between one and two and the remaining 49.2 per cent more than two minimum wages.

105. The National Minimum Wages Commission (CNSM) is made up of representatives of workers, employers and Government. Its Technical Office carries out studies on which the proposed levels of general and occupational minimum wages are based. The CNSM Council of Representatives approves any changes in minimum wages.

106. A minimum wage may be revised at any time during the year, provided that economic circumstances so justify. The levels are reviewed at the initiative of the Ministry of Labour and Social Welfare, which must submit an application to the CNSM President, or at the request of a trade union or federation or confederation of workers or employers, which must explain the grounds for the revision.

107. Within three days of the receipt of the request, the President convenes the Council of Representatives to consider the request and decide whether the supporting grounds are sufficient to initiate the revision process. If so, the Technical Office prepares a report on price movements and their impact on the purchasing power of minimum wages, supplying the most significant data on the national economic situation. The purpose of this exercise is to provide the necessary information for reviewing the current minimum wages and fixing, when necessary, the new levels and the date of their entry into force.

108. Compliance with the official minimum wage levels is ensured by the Labour Inspectorate or by application of the persons concerned to the labour courts.

Relationship between minimum wages and the minimum amount of money needed to meet the basic needs of a worker and his or her family

109. Nominal wages increased by 56.1 per cent between 1993 and 1996, while the consumer price index for the minimum-wage income group rose by 100.8 per cent. This means that the real minimum wage lost 22.3 per cent of its value.

110. Article 123 of the Constitution of the United Mexican States provides that equal wages shall be paid for equal work without any discrimination between sexes or nationalities.

111. Article 86 of the Federal Labour Act provides that equal wages shall be paid for equal work performed on equal terms with respect to job, working hours and conditions of efficiency. According to this legal principle, there should be no inequality between men and women in remuneration for equal work.

112. The differences in remuneration between men and women can be attributed to various factors such as work experience, duration of working day, type of occupation and location of job, to mention some of the most important ones.

113. Although according to the 1995 national employment survey 23.6 per cent of the female population received less than a minimum wage, while only 16.9 per cent of men were in this income range, and although 4 per cent of men with completed primary education received more than five minimum wages, while only 1 per cent of women did so, there are no empirical analyses to demonstrate the degree of inequality in remuneration between men and women due exclusively to reasons of gender.

114. Article 132, section XVII, of the Federal Labour Act provides that employers have an obligation to comply with the safety and hygiene regulations established by the laws and regulations on prevention of occupational accidents and diseases.

115. In order to expand the cover and quality of the occupational safety and hygiene measures, the Mexican Social Security Institute (IMSS) and the Ministry of Labour and Social Welfare produced draft federal regulations on safety and hygiene in the workplace which merged and updated, in a context of deregulation, six sets of regulations dealing with the prevention of occupational accidents and with safety and hygiene in the workplace.

116. In January 1997 the Diario Oficial de la Federación published the Federal Regulations on Safety, Hygiene and the Working Environment, which are designed to concentrate in a single instrument the various regulations concerning occupational safety and hygiene. These Regulations deal with the obligations of employers and workers, safety conditions, hygiene conditions, organization of safety and hygiene in the workplace, and protection of the work of minors and of women during pregnancy and breastfeeding. The text of the Regulations appears in annex III.

117. This new legislation eliminates 20 procedures, unifies many provisions, revokes six old sets of regulations, reduces the number of articles from 1,353 to 168, promotes the health and safety of workers, incorporates provisions from ILO conventions, and facilitates their insertion in Mexico's official standards. The current regulations and standards concerning occupational safety and hygiene appear in annex IV.

118. As a result of the legislative activity of the Government and the widespread dissemination of promotional materials, significant advances have been made in the consolidation and strengthening of the joint committees on occupational safety and hygiene: during 1995 10,038 committees were registered, including 2,268 of federal jurisdiction and 7,770 of local jurisdiction, covering 431,000 workers.

119. In 1995 IMSS made 7,450 visits to enterprises, produced 1,265 general studies on working conditions in enterprises with more than 100 workers and 1,614 specific studies by occupational area or job, and established 110 agreements and 12 state programmes involving the public, social and private sectors.

120. In addition, the incapacity rate was reduced to 1.4 per 1,000 workers, the average number of days of incapacity caused by workplace hazards to 0.9 per cent, and the average number of days of incapacity due to ordinary illness to 1.9 per cent.

121. On the basis of the figures on occupational accidents in its affiliated agencies and offices, the Social Security and Services Institute for State Workers (ISSSTE) has taken action at the national level to protect workers who may be at risk. This was reflected in a steady increase in preventive measures involving the creation and operation of joint committees: 5,486 national committees assessed 3,362 claims in 1995.

122. In addition, the Institute held 739 training courses in 1995 on occupational safety and hygiene, which were attended by 19,938 workers; these figures are respectively 20.4 and 5.5 per cent higher than in the previous year.

Statistics on the number, nature and frequency of occupational accidents and diseases, for men and women, 1992-1996

123. Over the past five years the number of occupational accidents has fallen from 619,577 in 1991 to 436,878 in 1995; the rate per 100 workers also fell over this period, from 6.6 to 5, and the number of deaths due to occupational hazards fell from 1.8 to 1.6 for every 10,000 workers.

124. In descending order, the commonest injuries are wounds, bruises, sprains, fractures and burns; the most commonly affected parts of the body are hands, legs, feet, eyes, heads and faces.

125. These results show the effect of the health and safety measures taken in enterprises and in the IMSS medical units, which have adopted an increasingly preventive approach in the removal of hazards and provision of better treatment of injuries.

Information on equal opportunity for promotion, especially the situation of women in relation to men

127. Articles 154 and 159 of the Federal Labour Act stipulate equality of opportunity for men and women workers; only if the circumstances are equal is an employer obliged to give preference to Mexican workers over non-Mexicans, to workers who have served satisfactorily, to workers responsible for a family, or to trade union members over workers who do not meet these conditions.

128. For promotion purposes, account is taken of a worker's ability. If an employer has not complied with the obligation to provide workers with training, preference will be given to workers with the longest service and, other things being equal, to workers with family responsibilities.

Legal and administrative provisions on rest, leisure and periodic holidays with pay

129. Article 63 of the Federal Labour Act provides that during the working day workers shall enjoy a rest period of at least half an hour. When workers cannot leave their workplace during rest periods or meal breaks, the corresponding time shall be counted as time worked during the day, in accordance with the provisions of article 64 of the Act.

130. Article 69 of the Act provides that a worker shall have at least one day of rest, with full pay, for every six days worked. For jobs requiring continuous work, the workers and the employer shall determine by common accord the days on which the workers are to take their weekly rest day, in accordance with article 70 of the Act.

131. Article 71 states that the weekly rest day shall be Sunday, when possible. If a worker works on Sunday and takes his rest day on another day, he shall be entitled to an additional payment of at least 25 per cent of his regular daily wage. Article 73 provides that workers shall not be compelled to work on their rest days; if this provision is violated, the employer must pay the workers, in addition to their wages for the rest day, double time for the work performed.

132. Article 74 mandates six days' holiday per year in addition to the days specified by the electoral laws with respect to regular elections. Persons who work on such days shall be entitled to double wages for the work performed.

133. Article 76 provides that workers with more than one year of service shall have a minimum of six consecutive working days per year as holiday with pay. This period is increased in increments of two days up to a total of 12. For every subsequent year of service after the fourth year the period of leave is increased in increments of two days for every five years of service.

134. Article 80 of the Act stipulates that workers shall be entitled to a holiday bonus of not less than 25 per cent of the wages due to them during the period of holiday. Workers must be granted at least six consecutive days of holiday, in accordance with article 78 of the Act. Article 79 states that holiday leave shall not be replaced by payment.

Changes between 1992 and 1996 affecting the right to just and favourable conditions of work

Substantive or formal conditions for joining and forming the trade union of one's choice

136. Article 123, section A-XIV, of the Constitution concerns the right both of workers and of employers to unite to protect their respective interests by forming trade unions, professional associations, etc.

137. Articles 356, 364, 365 and 366 of the Federal Labour Act set out the following substantive conditions for forming a trade union or professional association:

(a) The purpose must be the study, improvement and protection of the interests of the persons concerned;

(b) The membership must consist of at least 20 workers with jobs or three employers;

138. Where formal conditions are concerned, article 365 of the Act provides that trade unions must be registered with the Ministry of Labour and Social Welfare in the case of federal jurisdiction or with a conciliation and arbitration board in the case of local jurisdiction, and that they must submit in duplicate: (a) a certified copy of the records of the constitutive assembly; (b) a list showing the number and names and addresses of the members and the names and addresses of the employers, enterprises or establishments in which they work; (c) a certified copy of the statutes; and (d) a certified copy of the records of the assembly at which the officers were elected. These documents shall be certified by the Secretary-General and the officials responsible for organization and records, unless the statutes provide otherwise.

Restrictions on the exercise by workers of the right to form and join trade unions

139. With regard to restrictions on the exercise by workers of the right to form and join trade unions, article 358 of the Federal Labour Act provides that no one may be obliged to join or not to join a trade union. Any regulation which establishes a penalty for leaving a trade union or which vitiates this right in some way shall be null and void.

140. Furthermore, article 363 states that workers exercising a responsibility on behalf of the employer may not join a workers' trade union. The trade union statutes may stipulate the status and rights of their members promoted to such a post of responsibility.

Guarantee of the right of trade unions to federate and join international trade union organizations

141. Article 381 of the Act guarantees the right of trade unions to form federations and confederations, which shall be governed by the trade union legislation in so far as it is applicable.

Conditions or limitations on the right of trade unions to function freely; specific cases such as SUTAUR 100 and SEMARNAP

142. The cases of the United Trade Union of Route 100 Workers (SUTAUR 100 -transport workers in Mexico City) and the Union of Workers of the Ministry of Fisheries, now the Ministry of Environment, Natural Resources, and Fisheries (SEMARNAP), which have come to the attention of international public opinion, concern trade unions of State workers, which are regulated by the Federal State Workers Act (LFTSE), giving effect to section B of article 123 of the Constitution.

143. Article 68 of this Federal Act states that a State agency shall have only one trade union. In the event of conflict between several groups of workers claiming this right, the Federal Conciliation and Arbitration Tribunal shall grant recognition to the majority group.

144. All workers are entitled to join the trade union in question, but once they have applied and are admitted, they may not leave the trade union unless they are expelled (LFTSE, art. 69).

145. Workers holding responsibilities on behalf of the employer may not join a trade union. When a trade unionist holds a post of responsibility all his trade union obligations and rights shall be suspended (LFTSE, art. 70).

146. Article 71 of the Federal Act provides that at least 20 workers are required for the formation of a trade union and that the agency in question must not have any other trade union grouping with a larger number of members.

147. A trade union's registration shall be cancelled on its dissolution or if a different trade union group with more members is registered. A request for cancellation may be made by any person concerned, and, if there is a conflict between two organizations claiming to have more members, the tribunal shall of course order a recount and take its decision accordingly (LFTSE, art. 73).

148. Any automatic renewal of appointment within a trade union is prohibited (LFTSE, art. 75).

(a) To provide the reports requested by the Federal Conciliation and Arbitration Tribunal in accordance with the Act;

(b) To communicate to the Federal Conciliation and Arbitration Tribunal, within 10 days of each election, any changes in its officers or executive committee, increases or declines in its membership, and any changes to its statutes;

(c) To facilitate the work of the Federal Conciliation and Arbitration Tribunal with respect to disputes submitted to it concerning the trade union or its members, and to furnish it with the cooperation requested; and

(d) To sponsor and represent its members before the authorities and the Federal Conciliation and Arbitration Tribunal when so requested (LFTSE, art. 77).

150. According to article 78 of the Federal Act, trade unions may join the Federation of Unions of State Workers, the only trade union federation recognized by the State.

(e) Joining workers' or farm workers' organizations or federations (LFTSE, art. 79).

152. Article 356 of the Federal Labour Act states that a union is an association of workers or employers constituted for the study, improvement and protection of the rights of the persons concerned.

153. Article 359 of the Act recognizes the right of such organizations to draft their own statutes and regulations, freely elect their representatives, organize their administration and activities, and formulate their action programmes.

(a) Based on a trade, i.e. formed by workers in the same profession, occupation or speciality;

(b) Based on an enterprise, i.e. formed by workers employed in the same enterprise;

(d) Based on a nation-wide industry, i.e. formed by workers employed in one or more enterprises in the same industrial branch in two or more federal states; or

(e) Based on several occupations, i.e. formed by workers in various occupations; such unions may only be formed when, in the municipality in question, the number of workers with the same occupation is below 20.

(b) Nation-wide, i.e. formed by employers in one or more branches of activity in different federal states.

157. Workers holding responsibilities on behalf of the employer may not join a workers' trade union. Trade union statutes may specify the status and rights of its members who are promoted to a post of responsibility (FLA, art. 363).

158. Article 364 of the Act states that at the time of its formation a union must consist of at least 20 workers with jobs or three employers. In the determination of the minimum number of workers account shall be taken of any workers whose contracts have been suspended or terminated within the period beginning 30 days before the date of submission of the application for registration of the trade union and ending on the date on which registration is granted.

159. The Ministry of Labour and Social Welfare has competence to deal with enterprises falling within the federal jurisdiction, estimated at 58,000 establishments with some 1.7 million workers. As of September 1996, according to the reports of the Ministry's Registry of Associations, 1,718 trade unions with 1,514,098 members were registered for this type of establishment. There is no information about the number of trade unions operating under local jurisdiction.

160. According to the findings of the 1995 national survey of employment, wages, technology and training, manufacturing industry had 222,138 establishments and 3,502,767 workers; 28,170 of these establishments had trade unions (12.7 per cent) with 1,386,252 worker members (39.6 per cent).

161. In Mexico the right to strike is a constitutional right embodied in article 123, section A-XVIII, of the Constitution. This constitutional principle provides in fact that strikes are legal when their purpose is to secure a balance between the various factors of production and harmonize labour rights with the rights of capital. Public service workers must give 10 days' notice to the Conciliation and Arbitration Board of the date set for the work stoppage. A strike shall be regarded as unlawful only when a majority of the strikers commit acts of violence against persons or property, or during a war if the strikers belong to a governmental establishment or service.

Legislative or other changes between 1992 and 1996 affecting the rights contained in this article

Social security arrangements, schemes in force, comprehensiveness of cover, nature and level of benefits, and methods of financing

163. In accordance with the objectives of the policy of achieving social development designed to give the people access to higher levels of welfare by guaranteeing workers a range of benefits to supplement their earned incomes and facilitate fuller development of the individual and the family, the social security institutions - the Mexican Social Security Institute (IMSS) and the Social Security and Services Institute for State Workers (ISSSTE) - have concentrated their efforts on providing the services and benefits stipulated by law on a more comprehensive basis and with enhanced quality and efficiency.

164. Accordingly, during its present term of office the Government has given systematic attention to the health services, access to specialized medical services, protection against occupational and non-occupational hazards, the system of retirement pensions, the operation of day centres to support working mothers, and subsidy of the incomes of qualified claimants through the system of public shops supplying basic goods at affordable prices and by protecting the specific interests of qualified members of the population.

165. ISSSTE, in accordance with the established national and sectoral objectives, policies and strategies, is seeking to enhance the health and social welfare of public servants and their families by means of the efficient, timely and fair provision of services, insurance and benefits having a greater impact on the welfare of the recipients, thus responding to their legitimate claims and satisfying the rights of State workers with respect to social security.

166. The main objective of ISSSTE is to provide benefits for some 9.5 million Mexicans, the total number of persons enrolled with the Institute, consisting of three groups: State workers (23.62 per cent), pensioners (2.95 per cent), and family members of both groups (73.43 per cent). Its cash benefits are payable by law exclusively to insured workers and pensioners, while the benefits in kind may be delivered both to a worker and to his qualified family members.

(a) Retirement pensions (old-age and length of service), and pensions in respect of incapacity to work, death, and unemployment at advanced age;

(d) Personal loans and loans for the purchase of housing and repayment of contributions to the housing fund.

(c) Various social benefits such as day-care facilities for children, workshops for retirees and pensioners, funeral facilities, etc.;

169. According to article 16 of the ISSSTE Act, "all workers enrolled in this scheme shall contribute to the Institute a fixed amount of 8 per cent of their basic pensionable wages" in order to finance the benefits described above. And according to article 21, "the public agencies and bodies subject to the regime of this Act shall pay to the Institute, as contributions, the equivalent of 17 per cent of the basic pensionable wages of their employees. In addition, such agencies and bodies shall pay 50 per cent of the unit cost for each of the children of their employees using the ISSSTE child welfare and development services".

170. In the case of IMSS, as mentioned under article 2, a proposal for social security reform was prepared as the basis of the new Social Security Act adopted in December 1995 by the Congress of the Union, which entered into force on 1 July 1997.

171. In order to implement the provisions of the new Act, the social security arrangements include a compulsory scheme and a voluntary scheme. The compulsory scheme is for workers, members of production cooperatives, and other persons specified by decree of the Federal Government. The voluntary scheme is available, through an agreement with the Institute, to the following persons: workers in family businesses and independent workers such as professionals, small traders, artisans and other unwaged workers; domestic workers; members of ejidos and communes, settlers, and small landowners; employers and other physical persons employing insured workers; and workers employed by federal public agencies, federal states or municipalities which are excluded or not covered by other laws or decrees as subjects social security.

172. According to article 11 of the new Social Security Act, the compulsory insurance scheme has five branches financed by contributions by employers, the State and the workers themselves:

173. These five branches are kept separate because they protect workers and other beneficiaries against different risks by means of payments in cash and in kind. For example:

(a) Sickness and pregnancy insurance, which provides medical, surgical, pharmaceutical and hospital treatment needed by a worker or his family. It also provides benefits in kind and in cash, including for example assistance for breastfeeding and subsidies in the event of a temporary incapacity to work;

(b) Occupational risks insurance, which protects workers against accidents and diseases to which they may be exposed when working or by reason of their work; workers are provided both with the necessary medical treatment and with a cash benefit while they are unable to work, which is paid to their beneficiaries in the event of their death;

(c) Incapacity and life insurance protects insured workers or pensioners against the risks of incapacity or death not due to an occupational risk; a pension is granted to the person concerned or his beneficiaries;

(d) Retirement, unemployment at advanced age, and old-age insurance is the means by which contributors save for their old age; accordingly, the risks covered are retirement, unemployment at advanced age, and old age, as well as the death of pensioners covered by this insurance. When this insurance is taken out, the worker will be entitled to a pension, medical treatment, and family benefits and assistance in accordance with the requirements of the Act;

(e) Lastly, day-care and social benefits insurance gives insured persons and their beneficiaries access to the services of day centres for their children on the terms specified in the Act, and provides members of the Institute and the community at large with social benefits designed to improve their health, prevent sickness and accidents, and contribute to a general improvement of the people's living standards by means of various programmes and services.

174. It must be pointed out that substantial changes have been made in the former legislation, which had only four branches: occupational risks; sickness and pregnancy; incapacity, old age, unemployment at advanced age, and death (IVCM); and day care. This means that the IVCM insurance has been divided into two new branches (incapacity and death; and retirement, unemployment at advanced age, and old age), so that some of the former social benefits are now insured benefits.

Percentage of GDP and the national budget spent on social security (updated figures for 1992- 1996)

175. With regard to the finances of the social security institutions, in 1995 IMSS recorded own income of 39,008.8 million pesos, i.e. 17.2 per cent less in real terms than in 1994 owing to the decline in the number of contributors, the real drop in wages, and the lower rate of cover. The programmed expenditure of IMSS was 42,189.7 million pesos, representing 9.9 per cent less in real terms than in 1994; this item was affected by a greater use of stocks, lower expenditure on cash benefits, and a lower investment rate. Despite the decline in investment expenditure, the Institute completed 85.4 per cent of the 96 public works undertaken during the year, including 25 family medicine units and 18 general hospitals.

176. ISSSTE had own income of 1,265.3 million pesos, a drop of 7.5 per cent in real terms due to the decline in the real incomes of its contributors, which was partially offset by the profits of the shops system and by the revenue generated by the trusts of the ISSSTE Housing Fund (FOVISSSTE) and by the collection of debts from earlier years. In accordance with the Institute's programme priorities, its expenditure totalled 1,147.9 million pesos, 17.6 per cent lower in real terms than in 1994. Where investment was concerned, the Institute completed the construction of five first-level units and expanded 18 hospitals and hospital clinics.

177. The following table shows ISSSTE expenditure as percentages of GDP and the national budget in the period 1992-1997.

179. The social development component of public expenditure consists of the following headings: education, health and employment, solidarity and regional development, urban development, drinking water and environment, and subsidized provisions programme.

Groups totally denied the right to social security or enjoying it to a significantly lesser degree than the majority of the population, with special reference to the situation of women

180. The Mexican Government is concerned about the most vulnerable population groups and in the new Social Security Act it introduced the voluntary insurance scheme, available to all Mexicans regardless of whether they work, through the family health insurance scheme. It also created the IMSS Solidarity Programme, financed with resources from the Federal Government, as a response to the growing needs of the marginalized rural and indigenous populations which have no access to medical services. This effort has provided access to health services for more than 10.9 million Mexicans in this situation.

181. The maternity protection system is part of the sickness and pregnancy insurance scheme, the principles and benefits of which have undergone no changes; however, under the new legal arrangements protection is extended to pregnant women who subscribe to or benefit directly from the family health insurance scheme.

182. For women who do not qualify for the social security benefits provided through IMSS or some other social security institution alternative possibilities of care and protection in the event of pregnancy are provided by the Ministry of Health, the national system for integrated development of the family (DIF), the State health institutions, or indeed private medical services.

183. The status of female State workers with respect to the all economic, social and cultural rights is spelled out in article 3 of the ISSSTE Act, which states that they must be granted the insurance cover, benefits and services relating to:

184. Women State workers enjoy all the rights granted to men under the ISSSTE scheme, and the wife or live-in lover of a State worker enjoys all the rights accorded to her by law as a dependant, even when in fact she does not depend economically upon the worker.

Policy measures to ensure that the whole population has access to social security, especially measures aimed at specific vulnerable and disadvantaged groups

185. The new Social Security Act represents a substantial innovation benefiting the whole of society; it guarantees the survival of the Institution and its humanitarian vocation, enhances its sense of justice, provides it with more solid foundations and increases its capacity to provide services by restoring its previous financial viability; it improves the Institution's payments and benefits arrangements and modifies its incentives system in order to encourage employment and domestic savings, as well as due fulfilment of their obligations by contributors.

186. The new legal framework offers greater transparency in the management of the insurance funds; it also encourages enterprises to invest in the prevention of occupational hazards, provides more people with access to medical benefits, establishes new and more just and equitable arrangements for workers' pensions which encourage domestic savings to the benefit of the economy as a whole, and provides fairer retirement pensions; it also transforms social benefits into insured benefits as an integral element of social security for Mexicans. In addition, by ensuring a clear division of resources among the various branches of insurance it provides, amongst other things, more day-care facilities, an essential condition for the increased employment of Mexican women.

187. Two insurance schemes - compulsory and voluntary - have been established, so that all persons working on their own account can have access to the IMSS medical services by enroling in the new family health insurance scheme which, for an annual contribution equivalent to 22.4 per cent of the general minimum wage in the Federal District, covers all family medical costs. This provides valuable support for a family's health and budget, for it provides family entitlement to quality medical services at a much lower price than any private insurance scheme. This is one of the most important changes introduced by the new Social Security Act, for it achieves a greater cover of the population.

188. One major change affecting the right to social security was the establishment of the retirement savings system, which covers all State workers. This system is designed to increase the resources available to workers at the time of their retirement by opening individual bank accounts in their names, to which the agencies and offices subject to the Act deposit the statutory contributions plus 5 per cent for the Housing Fund.

189. These agencies and offices are obliged to contribute 2 per cent of the basic wage of the person concerned, with an upper limit on this wage of the equivalent of 25 times the current general minimum wage in the Federal District. These contributions are made as cash deposits to the account of each of worker; they are certified by the statement issued by the credit institution in question to each worker informing him that the deposits have been made.

190. In order to maintain the purchasing power of the savings accumulated by a worker during his working life and increase it in real terms, the balances of the retirement savings accounts must be adjusted periodically in the light of the national consumer prices index.

191. Retirement account funds may be withdrawn only when the worker reaches 65 years of age or becomes entitled to an ISSSTE pension, without prejudice to the right to designate beneficiaries in the event of death. If the worker becomes unemployed, he may withdraw up to 10 per cent of the balance of his retirement savings account.

192. The establishment of the retirement savings system has benefited State workers, for with the establishment of the Housing Fund account the agency responsible for financing an increasing volume of housing has been placed on a sounder footing by the introduction of practical and effective mechanisms for the granting of loans, or indeed for repayment of loans granted earlier.

193. In short, the retirement savings system constitutes a significant benefit for State workers, for by providing a benefit in addition to the ones accorded by law it directly protects its contributors and their qualified family members, in addition to constituting an advance in the development of social law in Mexico.

194. Another change which affected social security and benefited in particular retirees and pensioners and their qualified family members was the discontinuance by ISSSTE of the contribution which this group of insured persons had to pay in order to enjoy the benefits of the sickness, pregnancy and preventive medicine scheme.

195. In addition, as mentioned earlier, in December 1995 the Congress of the Union adopted a new Social Security Act, which entered into force on 1 July 1997. According to article 2 of the new Act:

196. The new Social Security Act replaces the existing Act, published in March 1973. Thus, 1 July 1997 will mark the start of a transitional stage, during which the benefits provided by the expiring Act will be maintained and which will fundamentally alter the funding structure of the social security system and some of the requirements for award of pensions. During this transitional period, which will run from 1 July 1997 until the date on which the last worker affiliated to the social security system before 1 July 1997 receives his pension, both pieces of legislation will be in force. Any insured person who has contributed under the old Act and who reaches pensionable age under the new Act will be entitled to request IMSS to produce estimates of the amount of his pension under each of the two schemes, so that he may decide which one is more in his interest (provisional article 4).

197. All workers who have contributed to the pension system established by the earlier Act will be able to opt for either scheme, as they see fit. Furthermore, none of the acquired rights of insured persons and their beneficiaries will be affected by the entry into force of the new Act (provisional article 5).

198. In October 1995 the Government, through the National Action Committee for Children, created pursuant to the 1990 World Declaration on the Survival, Protection and Development of Children, published the National Action Programme for Children 1995-2000, with the central aim of enhancing the survival, protection and development of mothers and children. These are the general targets of the National Programme:

(a) To reduce by half, between 1990 and 2000, the mortality rate among children aged between one and five years;

(c) To reduce by half, between 1990 and 2000, the rates of severe and moderate malnutrition among children aged under five years;

(d) To provide universal access to drinking water and hygienic means of disposal of excreta;

(e) To provide universal access by 2000 to basic education and completion of primary education for at least 80 per cent of children of school age;

(f) To reduce the adult illiteracy rate to at least half the 1990 level, with special emphasis on women's literacy;

(g) To improve the protection of children in especially difficult circumstances.

199. The following are the main objectives and support targets of the National Programme:

(i) Special attention to the health and nutrition of girls and pregnant and breastfeeding women;

(ii) Access of all couples to information and services to prevent excessively early, closely spaced, excessively late and excessively numerous pregnancies;

(iii) Access of all pregnant women to antenatal care, attendance by trained personnel during delivery, and advisory services in the event of high-risk pregnancy or an obstetrical emergency;

(iv) Universal access to primary education, with special emphasis on girls, and accelerated literacy programmes for women.

(i) Reduction by 50 per cent in the 1990 rates of severe and moderate malnutrition among children aged under five years;

(ii) Reduction of the incidence of low birth-weight (2.5kg or less) by at least 10 per cent;

(iii) Reduction by a third of the 1990 levels of iron-deficiency anaemia among women;

(v) Virtual elimination of vitamin-A deficiency and its consequences, including blindness;

(vi) Guarantee that all mothers breastfeed their children during the first four to six months and that they continue breastfeeding with the addition of food supplements until well into the second year;

(vii) Institutionalization of measures to support children's growth and monitor it periodically;

(viii) Dissemination of knowledge and support services to increase food production and guarantee family food security.

(iii) Reduction of deaths due to measles by 95 per cent and of cases of measles by 90 per cent by 1995;

(iv) Maintenance of a high level of immunization cover (at least 90 per cent of children aged under one year by 2000) against diphtheria, whooping cough, tetanus, measles, poliomyelitis and tuberculosis, as well as against tetanus in women of childbearing age;

(v) Reduction of deaths due to diarrhoea in children aged under five years in 1994 by 50 per cent and of the incidence of diarrhoea by 25 per cent;

(vi) Reduction by a third of deaths due to acute respiratory infections among children aged under five years in 1994.

(i) Expansion of development activities in early childhood, including appropriate low-cost interventions in the family and the community;

(ii) Universal access to basic education and completion of primary education for at least 80 per cent of children of school age in school or non-school systems, with comparable standards of learning, thus reducing the disparities in the education of boys and girls;

(iii) Reduction of the adult illiteracy rate by at least 50 per cent of the 1990 level, with emphasis on women's literacy;

(iv) Improved instruction of individuals and families in the technical knowledge and values necessary for a better life.

200. In addition, in its programme on women, children and the family the National Commission on Human Rights is seeking to secure effective responses to the complaints of violations of the human rights of women and children, while at the same time endeavouring to promote measures, both legislative and administrative, for the eradication of such violations. To this end, various information and publicity measures are being carried out in an effort to alter the cultural patterns which allow discrimination against women and abuse of women and children.

201. In this connection, during the six month period June-December 1996 the National Commission concluded a compilation of Mexico's federal and local regulations in connection with the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. On the basis of a study of this compilation it prepared proposals for suitable changes in constitutions and legislation on social assistance, education, health and elections, as well as in the federal and state civil, criminal and family codes. These proposals are designed to ensure that the regulations provide better protection for the rights of women, inspired by a vision of gender equality, and for the rights of children, in accordance with the principle of the best interests of the child; the main proposals deal with the rights to a life free of violence, an identity from birth, and protection in the family.

202. Through this work the National Commission is contributing to fulfilment of the obligation of the Mexican State to apply the international human rights conventions. These studies were delivered to the President of the Republic, the head of the government of the Federal District, and to the 31 state governors.

Formal and informal means to grant assistance and protection to the family; measures to facilitate the establishment of a family, and to maintain, strengthen and protect it, particularly while it is responsible for the care and education of dependent children

203. Article 4 of the Constitution of the United Mexican States provides in its second, third, fifth and sixth paragraphs that:

204. In addition, the National Social Assistance Act spells out the rights and guarantees of the family and establishes and regulates the machinery for coordination of the agencies and offices of the Federation and the federal states, as well as of the social and private sectors, in their work in favour of the family. This Act provides the legal foundation for the operational framework of the national DIF system, the objectives of which are to promote the provision of social assistance and services in this field and to encourage the systematic coordination of the family protection work of public institutions.

Information on the system of maternity protection and any changes in benefits between 1992 and 1996

205. The maternity protection services of the Mexican Social Security Institute (IMSS) are funded by the sickness and pregnancy insurance scheme, the principles and benefits of which have not undergone any changes; however, the new legal arrangements, which entered into force on 1 July 1997, extend maternity protection to women who join or directly benefit from the family health insurance scheme.

206. In the case of working mothers or beneficiary mothers, these benefits consist essentially of medical, obstetrical, hospital and pharmaceutical treatment during pregnancy, delivery and the post-partum period, as well as for the new-born child. Working mothers are also released from work for six weeks before and six weeks after the birth and are provided with a layette for the new-born child.

207. Women who are not entitled to benefits under the social security scheme of IMSS or some other social security institution have other possibilities of maternity care and protection provided through the Ministry of Health, the national DIF system, the state health institutions, or indeed private medical services.

208. The following persons are covered: insured female or male workers; persons in receipt of a pension by virtue of permanent total or partial incapacity to work, invalidity, unemployment at advanced age, old age, widowhood or orphanhood, or in respect of a parental entitlement; the wife or live-in wife of an insured person; the wife or live-in wife of a pensioner; the children aged under 16 of an insured person or pensioner or children aged up to 25 while taking courses of study, or children who cannot support themselves owing to a chronic illness or physical or mental deficiency; and the father or mother of an insured person or pensioner living in his household.

209. Insurance benefits are provided in kind and in cash; this means that the Institute will provide for the insured persons and other qualified persons mentioned above any medical, pharmaceutical or hospital treatment which may be necessary and/or that the insured person will be entitled to a cash benefit when his illness incapacitates him for work.

210. This benefit is paid from the fourth day following the onset of the incapacity and for its duration up to a limit of 52 weeks. If at the end of this period the insured person remains unfit for work, payment of the benefit may be extended for a further 26 weeks. An insured person may receive this benefit only if he has paid at least four weekly contributions immediately prior to the illness. Casual workers must have paid six weekly contributions in the previous four months. The cash benefit is equal to 60 per cent of the insured person's latest pensionable daily wage.

211. During pregnancy and the post-partum period insured women are entitled to a cash benefit equal to 100 per cent of their latest pensionable daily wage, which will be paid for 42 days before and 42 days after delivery. In order to qualify for this benefit an insured woman must have paid at least 30 weekly contributions during the 12 months prior to the date on which the benefit would fall due.

212. The necessary resources to cover the benefits in cash and in kind and the administrative expenses of the sickness and pregnancy insurance scheme are provided by the compulsory contributions of employers and workers and the contribution of the State. The new Act introduces a new contributions structure, under which workers and employers will pay less, on average, because the State will pay more. With respect to the cash benefits, an amount equivalent to 1 per cent of his basic wages subject to contributions will be paid in respect of each contributing worker; this amount will be divided between employer, Government and worker in the proportion 70, 5 and 25 per cent respectively.

213. When a worker is unemployed, both he and his family will be entitled to any necessary medical, surgical, pharmaceutical or hospital treatment for eight weeks provided that he has contributed for at least eight weeks without interruption.

215. In addition, article 29 of the Act provides that women workers and pensioners, wives, unmarried daughters aged under 18 years and, where appropriate, live-in wives are entitled to the benefits established in article 28, provided that the rights of the female worker or pensioner or of the directly insured person from which these benefits derive have been maintained during the six months prior to the birth.

216. Thus, maternity protection is guaranteed by the legislation described above, as well as by the legislation on the other medical services which the Institute provides for its members.

Indicate whether there are any groups of women who do not enjoy any maternity protection at all or who do so to a significantly lesser degree than the majority

217. There are groups of women who enjoy limited maternity protection and benefits; these are women not qualified under a social security scheme and not entitled to treatment from the health institutions and agencies, for example the Ministry of Health. The same applies to women in some rural communities, where there is little or no access to or availability of obstetrical services; this situation is particularly serious for women living in communities of fewer than 500 inhabitants.

218. These groups of women enjoy limited services and benefits because, in addition to the inadequate provision, they have to pay the cost of an obstetrical consultation or treatment, which although small does represent a clear limitation on access to treatment for people living on a minimum wage or in marginalized urban areas, quite apart from the fact that they do no enjoy any free childbirth benefits.

219. There are also women workers or beneficiaries known as "rural seasonals", who although formally protected by IMSS find it difficult to take advantage of the medical services during pregnancy because they move from place to place for their work. This means that they have fewer opportunities for identifying risks and preventing harm during pregnancy, and they constitute a group in which the maternal mortality rate is much higher than among the rest of the population protected by IMSS.

Protection and assistance measures for children and young persons, especially measures to protect them from economic exploitation or to prevent their employment in work harmful to their morals or health or dangerous to their life and development

220. Title Five of the Federal Labour Act deals with child labour and establishes minimum standards of protection for child workers, regulating in particular the questions of medical checks, work which children may not perform owing to its hazardous nature or which may be harmful to their health or morals, maximum working hours and rest days, etc.

221. The labour legislation prohibits the recruitment of children aged under 14 and regulates work performed for an employer on an individual basis by older children. In particular, article 175 of the Federal Labour Act prohibits the employment of children under 18 in night work in industry and or children under 16 in work involving travel, and underground or submarine work which may affect their morals and good habits and may be beyond their strength, as well as work connected with the sale of alcoholic drinks, work in non-industrial enterprises after 10 p.m., or in dangerous or unhealthy work. In addition, article 154 of the new Federal Safety, Hygiene and Working Environment Regulations specifies the dangerous and unhealthy work in which children aged 14 to 16 may not be employed.

222. In addition to these rules, articles 22 and 23 of Title Two, chapter I, of the Federal Labour Act establish a clear prohibition on the employment of children aged under 14 and non-minors aged under 16 who have not completed their compulsory education, except in cases approved by the competent authority when the work is compatible with their schooling. Young persons aged over 16 may offer their services without restriction, subject to the limits established by law. Children aged over 14 but under 16 require the permission of their parents or guardians or, in their absence, of the trade union to which they belong, of the Conciliation and Arbitration Board, the Labour Inspectorate, or the political authority.

223. Child workers may receive their wages directly and are competent to complete the corresponding formalities.

Numbers of children, and of which age groups, engaging in paid employment, and to what extent

224. According to the findings of the 1995 national employment survey, which collected information about the working population aged over 12 years, there was a total of 1,284,711 children and adolescents aged 12 to 17 working as wage-earners (see annex VI).

225. Where remuneration is concerned, 52.7 per cent of the children received no pay and 2.4 per cent received more than two minimum wages, whereas for all workers these figures were 15.3 and 31 per cent respectively. The population of unpaid child workers consists basically of family workers (97.8 per cent).

Indicate whether there are any groups of children and young persons which do not enjoy measures of protection and assistance at all or which do so to a significantly lesser degree than the majority

226. There are children and young persons who, owing to their economic and social situation, enjoy the protection and assistance measures to a significantly lesser degree than the majority of the country's children and young people; they are therefore registered under national anti-poverty programmes and, in particular, under the component on children in particularly difficult circumstances of the National Action Programme for Children 1995-2000.

227. There is a large vulnerable group consisting of young persons in disadvantaged economic and social circumstances. In view of the size of this group as a proportion of the total population, it has been necessary to strengthen the institutional programmes providing care for the persons involved and to encourage their participation in social development and the provision of basic services.

228. In this context, and in accordance with the main lines of the National Development Plan 1995-2000, under the present administration measures have been taken to expand the educational cover of young people living in marginalized urban areas; this has included the establishment of the educational television satellite broadcasting network (EDUSAT) of the Ministry of Public Education. In addition, grants are provided for travel, school attendance and maintenance under the FIDUCAR programme, which is designed to provide support for young persons in rural communities who have no opportunity of primary or secondary education.

229. The work done by young people has been very important in poor communities. Their participation as health workers and primary health care technicians has been encouraged, and their efforts have brought assistance to remote communities which have no health services. They have also been trained in the prevention and monitoring of acute diarrhoeal complaints and acute respiratory infections, in vaccination and family planning, and in the early detection of chronic diseases.

230. In order to encourage the involvement of graduates of technical and higher education in work of benefit to the community through the performance of social service, governmental agencies and programmes, such as the Office of the Social Comptroller of the Federal District, Centroamerica Vecino, Paisano Amigo, Integración Juvenil, the National Sports Commission, and the national DIF system provide an annual average of 55,000 grants nation-wide. In addition, the "Jovenes de Solidaridad" programme carries out measures connected with education, community work, social service, productive projects, sports and culture among young people in rural and urban areas.

231. Although the labour legislation does not regulate work done by children independently or by children who earn their living as street vendors, car washers, windscreen washers, etc., since they are not subject to a legal labour contract, there are other laws and public programmes to protect children against economic exploitation and help children engaging in work harmful to their health or morals to find alternative jobs: for example, the Social Assistance System Act, the National Action Programme for Children 1995-2000, the Mexico-UNICEF cooperation programme, etc.

Situation of orphaned, abandoned and disabled children and young persons, and those deprived of their family environment, and street children

232. With regard to these vulnerable groups of orphaned, abandoned and disabled children and young persons, those deprived of their family environment, and street children, the Government, through the national DIF system, has formulated in conjunction with UNICEF the basic documents on their cooperation in the period 1996-2000. This cooperation has three strategic components:

(a) Integrated measures in priority regions - basic food, nutrition, health and sanitation package;

(b) Global programmes of national scope - protection of and respect for the rights of children, women and the family;

(c) Sectoral programmes - part of the effort to attain the sectoral targets in health, nutrition, education and care for children and adolescents in especially difficult circumstances.

233. In addition, the Government's former programme for children in special circumstances (MESE) was transformed into the programme for children in especially difficult circumstances (MECED), a concept which also covers street children, homeless children cared for in public institutions, abused children and children victims of physical or mental maltreatment, disabled, orphaned and abandoned children, and other categories which in recent years have gained a similar importance, or have become merged with street children as a result of the increasing diversity and complexity of society, especially in the country's big towns. These categories of children include day labourers, drug addicts, delinquents, and indigenous, migrant, refugee and repatriated children.

234. On the basis of this new vision, the MECED strategy is to implement programmes which revalue the role of children in the family environment, which regard them socially as subjects of law, and which encourage a culture of proper respect for the status of children in society. For example, the state DIF systems are providing care for children by means of a basic package of assistance in education, health, nutrition, protection, strengthening of family links, training for work, and respect for their rights.

235. The preventive component gives emphasis to the family and to children at risk of becoming street children and to any other of the categories mentioned above, particularly in areas and towns from which there is an exodus of such people; and at the same time the care component concentrates on the concrete cases detected, especially in the main municipalities, towns and urban areas where such people seek refuge.

236. In addition, the Government provides minors cared for in the national DIF system with shelter and food, medical, psychological and learning-disability treatment, and cultural, sports and recreational activities, as well as education and training, including work training. In this connection, the DIF Shelter for Girls and Boys is introducing reforms in its care arrangements, with emphasis on the training, integrated development and personal improvement of the children, using such tools as the "ten basic values", a children's expression and development workshop, etc.

237. The Casas Cuna, in addition to providing these services, operates programmes of multiple early stimulation and development of habits and values, with a view to achieving in the children an affective, psychomotor and social balance, as well as toilet training and improved personal hygiene. In addition, the Internados Amanecer (Daybreak Homes) for girls and boys provide care for children aged 6 to 18, most of them from broken families.

238. The national DIF system provides services in its 173 community preschool care centres, catering for an average of 8,000 children aged 6 to 11, and in its 54 child development support centres, catering for an average of 5,000 children under five nation-wide.

239. The integrated development programme for adolescents (DIA), which operates through the local DIF arrangements in the country's 31 federal states, seeks to modify behaviour by reinforcing the family situation and securing the committed participation of young people to activities of community benefit. With the support of the national DIF system, progress has been made in the municipalities in the dissemination of regulations and guidance and training of operational staff, reaching a total of about 750,000 adolescents, 160,000 parents, and 25,000 teachers committed to the programme in the country's 31 states.

240. In the Federal District, in collaboration with the National Population Council (CONAPO), the national DIF system initiated the "De Joven a Joven" programme, which provides guidance, counselling and referral services by telephone for children, parents and teachers on matters connected with adolescence, sexuality, abuse and rape, family relations, addictions, abortion and birth control, etc. The programme has achieved a satisfactory response, with more than 80,000 calls a year in the Federal District and its conurbation, three quarters of them from children and young people aged 12 to 23. More than 70 per cent of the calls came from children in secondary, higher-secondary and higher education - useful information when it comes to adapting and redirecting the programme to ensure that its benefits and assistance reach the various groups of young people in a more balanced manner.

241. In the case of addiction-prevention activities among the country's children and young people, the Government is carrying out information and guidance measures reaching about 150,000 persons, as well as training programmes and activities such as competitions, meetings, and recreational, artistic and social events, in which half a million young people have participated. It is worth mentioning that the national meeting of community development youth brigades in 1995 was attended by 200 brigade members from throughout the country.

242. A number of social projects have been initiated to prevent drug use, with young people encouraged to participate by means of activities which engage their interest. These same young people are considered to be the best channels for communicating to the population at large and to the young population in particular the risks and consequences of substance abuse.

243. In addition, the Ministry of Health and the Ministry of Public Education signed a collaboration agreement to continue the training of secondary teachers, teacher trainers, and physical education teachers in sex education, in order to reduce the risks of pregnancy and sexually transmitted diseases and encourage young people and adolescents to use condoms, in particular to prevent AIDS.

244. The public education institutions run extensive programmes of special education for disabled children; these programmes are being updated on the basis of a new vision of the integration of disabled children in the regular school system. The assistance policy pursued through the national programme to promote the welfare of the disabled and incorporate them in development seeks to provide a response to the needs of this population group by pooling the resources of public and private institutions to initiate a process of change in which the disabled will be the protagonists of their own development.

245. In order to construct and consolidate a national system of information on the disabled, the Ministry of Public Education, the National Statistics, Geography and Information Technology Institute (INEGI), and the national DIF system produced a disability registry covering children in preschool, primary and secondary education in all the country's public and private schools. This exercise produced the following findings in 1995:

(a) There were 2.9 million children aged 0 to 17 years with some problem of disability, including 259,000 aged 0 to 5, 1.7 million in the 6-12 age group, and 860,000 aged over 12;

(b) 85 per cent of all the disabled children had a single disability, while the remaining 15 per cent had two or more;

(d) The least common forms of disability were autism (2.5 per cent), disability associated with epilepsy (1.3 per cent), Down's syndrome (0.5 per cent), and cerebral palsy (0.4 per cent).

246. The National Commission on Human Rights and the national DIF system, in coordination with UNICEF, provide systematic information and publicity about the rights contained in the Convention on the Rights of the Child by means of a number of publications and mass media promotions, in order to make both children and adults more aware of the importance of recognition of and respect for these rights.

247. The Ministry of Public Education has included the rights of the child in the free primary school textbooks distributed thr

.	1988	1991	1993	1995

Total	3.1	3.3	3.4	6.8
Men	3.4	3.4	3.7	7.8
Women	2.6	3.1	3.0	4.6

.	1992	1993	1994	1995	1996
GDP	1 125 334.3	1 256 196.0	1 420 159.5	1 792 694.7	2 492 600.0
Net national expenditure	n.a.	279 709.0	328 191.0	421 240.6	725 789.6
Total ISSSTE expenditure	6 756.6	8 047.3	10 025.2	11 148.1	15 489.8
% ISSSTE expenditure /GDP	0.6	0.6	0.7	0.6	0.6
% ISSSTE expenditure/ net expend.	n.a.	2.9	3.1	2.6	2.8

Period	Total	Social development

1992	43 835.5	17 856.8
1993	47 363.0	20 476.9
1994	57 577.4	26 219.4
1995	66 820.3	31 348.2