1041518

Human Rights Committee

Ninety-eighth session

New York, 8–26 March 2010

Concluding observations of the Human Rights Committee

Consideration of reports submitted by States Parties under article 40 of the Covenant

Mexico

1. The Human Rights Committee considered the fifth periodic report of Mexico (CCPR/C/MEX/5) at its 2686thto 2688th meetings, held on 8 and 9 March 2010 (CCPR/C/SR.2686 to 2688). At its 2708th meeting, held on 23 March 2010 (CCPR/C/SR.2708), it adopted the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the State party’s fifth periodic report, which gives detailed information on measures adopted by the State party to further the implementation of the Covenant, while observing that the report was submitted late and does not contain clear reference to the implementation of the Committee’s previous concluding observations (CCPR/CO/79/Add.109). It also welcomes the dialogue with the delegation, the detailed written replies (CCPR/C/MEX/Q/5/Add.1) submitted in response to the Committee’s list of issues, and the additional information and clarifications provided orally.

B. Positive aspects

3. The Committee welcomes the following legislative and other measures adopted since the examination of the State party’s previous periodic report:

(a) The adoption in 2007 of the General Law on access by women to a life without violence;

(b) The adoption in 2003 of the Federal law to prevent and eliminate discrimination;

(d) The ratification of the Second Optional Protocol to the Covenant, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Rome Statute of the International Criminal Court, and the Convention for the Protection of All Persons from Enforced Disappearance;

(e) The adoption of the National Programme for Human Rights 2008–2012.

C. Principal subjects of concern and recommendations

4. The Committee is concerned at the lack of significant progress in the implementation of its previous recommendations, including those relating to violence against women, the deployment of the armed forces for ensuring public security, and the lack of protection of human rights defenders and journalists, and regrets that many subjects of concern still remain (article 2 of the Covenant).

The State party should take all necessary measures to give full effect to all recommendations adopted by the Committee.

5. The Committee is concerned that the application of the State party’s obligations under the Covenant in all parts of its territory may be hampered by the federal structure of the State party. It reminds the State party that, under article 50 of the Covenant, the provisions of the Covenant “shall extend to all parts of federal States without any limitations or exceptions” (article 2 of the Covenant).

The State party should take measures to ensure that the authorities, including courts, in all states, are aware of the rights set out in the Covenant and of their duty to ensure their effective implementation, and that legislation at both federal and state level is brought into line with the Covenant.

6. The Committee regrets the inability of the delegation to indicate a specific time frame within which the proposals for reforming the State party’s Constitution will be finalized. Furthermore, it regrets the lack of clarification regarding the status of the Covenant in the domestic legal order in the light of the current constitutional reform, and, in particular, the manner in which conflicts between national laws and international human rights obligations may be resolved (articles 2 and 26 of the Covenant).

In the light of the Committee’s general comment No. 31, adopted in 2004, on the nature of the general legal obligation imposed on States parties by the Covenant, the State party should bring the draft constitution into line with international human rights standards, in particular with the Covenant. Furthermore, a procedure should be established whereby the compatibility of national laws with international human rights obligations may be challenged. The State party should also finalize the constitutional reform within a reasonable time frame.

7. The Committee is concerned that, despite some progress achieved in respect of gender equality in recent years, inequalities between women and men still persist in many areas of life, including in political life. It also remains concerned at discrimination experienced by women when seeking employment in the so-called “maquiladora” industry in the northern border regions of the State party, where intrusive personal questioning and pregnancy tests continue to be required of female job seekers (articles 2, 3 and 26 of the Covenant).

The State party should increase its measures to ensure equality between women and men in all spheres, including the representation of women in political life, by means, inter alia, of awareness-raising campaigns and temporary special measures. Furthermore, it should combat discrimination against women, in particular in the workforce, and ensure the abolition of pregnancy tests as a requirement for access to employment. Failure to respect the prohibition on pregnancy tests should be effectively sanctioned and victims provided with reparation. The State party should strengthen the mandate of labour inspectorates with a view to enabling them to monitor working conditions of women and to ensuring that their rights are respected.

8. The Committee welcomes the creation of the Office of the Special Prosecutor for violent crimes against women and human trafficking, the establishment of a pilot project to improve women’s access to justice (casas de justicia), as well as the State party’s commitment to tailor its measures to protect women from violence to the cultural and social characteristics of the respective regions. Nevertheless, the Committee notes with concern the continued prevalence of violence against women, including torture and ill-treatment, rape and other forms of sexual violence, and domestic violence, and the low number of sentences handed down in this regard. It is also concerned that the legislation of some states has not been completely harmonized with the General Law on Access by Women to a Life without Violence, since at state level no provision has been made for the establishment of a gender violence alert mechanism or the prohibition of sexual harassment (articles 3, 7 and 24 of the Covenant).

The State party should further intensify its efforts to combat violence against women, including by addressing the root causes of this problem. In particular, it should:

(a) Take steps to ensure that the legislation of all states is fully harmonized with the General Law on Access by Women to a Life without Violence, in particular the provisions concerning the establishment of a database with information on cases of violence against women, the creation of a gender violence alert mechanism, and the prohibition of sexual harassment;

(b) Establish the specific crime of femicide in the legislation, including at state level; provide the Office of the Special Prosecutor for Violent Crimes against Women and Human Trafficking with the necessary authority to address acts of violence committed by state and federal officials;

(c) Conduct prompt and effective investigations and punish the perpetrators of acts of violence against women, including by ensuring efficient cooperation between state and federal authorities;

(d) Provide effective remedies, including psychological rehabilitation, and establish shelters for women victims of violence;

(e) Continue implementing training courses on human rights and gender for law enforcement officials and military personnel;

(f) Take preventive and awareness-raising measures and launch educational campaigns to change the perception of women’s role in society.

9. While welcoming the measures adopted by the State party to address the frequent acts of violence against women in Ciudad Juárez, such as the establishment of the Office of a Special Prosecutor to handle crimes of femicide in Ciudad Juárez, as well as a Commission for the prevention and eradication of violence against women in the municipality, the Committee remains concerned at the prevailing impunity in many cases of disappearance and homicide of women and at the continuing occurrence of such acts in Ciudad Juárez as well as other municipalities. It also regrets the paucity of information on the strategy to combat violence against women in Ciudad Juárez (articles 3, 6, 7, and 14 of the Covenant).

The institutions established to address violence against women in Ciudad Juárez should be equipped with sufficient authority and human and financial resources to fulfil their mandate effectively. The State party should also significantly strengthen its efforts to prosecute and sanction the perpetrators of acts of violence against women in Ciudad Juárez and to facilitate victims’ access to justice.

10. The Committee is concerned that, despite Federal Norm 046 (NOM-046), issued by the Ministry of Health, and the Supreme Court’s ruling on the constitutionality of the decriminalization of abortion in 2008, abortion is still illegal in all circumstances under the constitutions of many states (articles 2, 3, 6 and 26 of the Covenant).

The State party should bring the abortion laws in all states into line with the Covenant and ensure the application of Federal Norm 046 (NOM-046) throughout its territory. It should also take measures to help women avoid unwanted pregnancies so that they do not have to resort to illegal or unsafe a