Committee on the Rights of the Child

Concluding observations on the combined sixth and seventh reports of Mexico *

I.Introduction

1.The Committee considered the combined sixth and seventh periodic reports submitted by Mexico at its 2825th and 2826th meetings, held on 30 August 2024, and adopted the present concluding observations at its 2846th meeting, held on 13 September 2024. In the present document, the Committee uses the term “child” to refer to a person who is under 18 years of age.

2.The Committee welcomes the submission of the combined sixth and seventh periodic reports of the State party and the written replies to the list of issues, which allowed for a better understanding of the situation of children’s rights in the State party. The Committee expresses its appreciation for the constructive dialogue held with the multisectoral delegation of the State party.

II.Follow-up measures taken and progress achieved by the State party

3.The Committee welcomes the progress made by the State party in various areas since its last review, including the institutional and policy measures taken relating to children’s rights, such as the adoption of the National Programme for the Protection of Children and Adolescents 2021–2024, the guidelines for risk and emergency management in the area of early childhood protection, the Action Plan relating to the Global Partnership to End Violence against Children 2019–2024, the Strategic Plan of Action for the Protection of Children and Adolescents in Situations of Mobility 2021 and its 2022 update, the establishment of the National Commission for Mental Health and Addiction and the adoption of the National Strategy on Inclusive Education in 2019. The Committee also welcomes the instrument of acceptance of the declaration under article 31 of the International Convention for the Protection of All Persons from Enforced Disappearance recognizing the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation of provisions of the Convention by Mexico, in 2020.

III.Main areas of concern and recommendations

4.The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: comprehensive policy and strategy (para. 8); non-discrimination (para. 17); right to life, survival and development (para. 20); abuse, neglect and sexual abuse and exploitation (para. 27); torture and other cruel, inhuman or degrading treatment or punishment and gang violence (para. 31); and asylum-seeking, refugee and migrant children (para. 49).

5. The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.

A.General measures of implementation (arts. 1, 4, 42 and 44 (6))

Legislation

6. Recalling its previous recommendation, the Committee recommends that the State party ensure the effective implementation of the General Act on the Rights of Children and Adolescents, at the federal, state and municipal levels, including by:

(a) Strengthening the implementation of the General Act on the Rights of Children and Adolescents and improving monitoring and accountability mechanisms, especially regarding such key areas as the protection of children in vulnerable situations;

(b) Expediting harmonization in order to bring legal provisions at the federal and state levels into conformity with the Convention and the General Act ;

(c) Increasing awareness at the local, state and federal levels of the content of the General Act on the Rights of Children and Adolescents.

Comprehensive policy and strategy

7.The Committee is deeply concerned about the dismantling of the National System for the Comprehensive Protection of Children and Adolescents (SIPINNA), by placing its Executive Secretariat under the National System for the Integral Development of Families.

8. The Committee recommends that the State party:

(a) Stop the process of rolling back the National System for the Comprehensive Protection of Children and Adolescents (SIPINNA) and strengthen the approach to comprehensive protection of children ’ s rights in public policies, including by ensuring sufficient human, technical and financial resources at the federal, state and municipal levels;

(b) Ensure effective coordination between the Federal Public Administration and the National System for the Comprehensive Protection of Children and Adolescents at the state and municipal levels and among other relevant public, private and social institutions;

(c) Consolidate the institutional capacity of the child protection authorities for their effective functioning;

(d) Implement the special protection measures issued by the child protection authorities, including the establishment of an information and data system.

Allocation of resources

9. Concerned by the significant decrease in the budget allocations for children, in particular in the areas of education, health and early childhood, and recalling its general comment No. 19 (2016) on public budgeting for the realization of children ’ s rights, the Committee recommends that the State party:

(a) Ensure that all states have a specific budget classification for children in order to encourage increased public spending in critical areas for realizing the rights of children, particularly in health, education, social protection , protection from violence , and ensuring children ’ s participation;

(b) Ensure that child-related goals are adequately reflected in the federal and state budget guidelines and in the criteria for providing programmes and actions with sufficient resources;

(c) Take measures to disaggregate information on public expenditures by age and type of right to determine more effectively the impacts of spending for various categories.

Data collection

10. Recalling its general comment No. 5 (2003) on general measures of implementation of the Convention, the Committee recommends that the State party:

(a) Expeditiously improve its data collection system and ensure that it covers all areas of the Convention and the Optional Protocols thereto, with data disaggregated by age, sex, disability, geographical location, Indigenous, ethnic, national and Afrodescendent origin, migration status, socioeconomic background and alternative care situation;

(b) Prioritize the strengthening of the National Information System on Children and Adolescents (INFOSIPINNA) to inform policymaking and ensure that all federal entities establish information systems in line with the General Act on the Rights of Children and Adolescents.

Access to justice and remedies

11. The Committee recommends that the State party:

(a) Harmonize and ensure across all s tate s the effective implementation of the protocols adopted by the judicial system to guarantee that all children have access to confidential, child-friendly and independent complaint mechanisms in schools, alternative care settings, including foster care, and detention centres for reporting all forms of violence, abuse, discrimination and other violations of their rights;

(b) Raise awareness among children of their right to file a complaint under existing mechanisms across all states while undertaking efforts to harmonize laws relevant to the delivery of child-friendly justice;

(c) Ensure that the process of judicial reform strengthens the child-rights approach in judicial reviews and also ensure the systematic and mandatory training of all relevant professionals working with children on child-friendly procedures and remedies, children ’ s rights and the Convention.

Independent monitoring

12. The Committee urges the State party:

(a) To take all measures necessary for the National Human Rights Commission to effectively and independently carry out its mandate to promote, protect and fulfil children ’ s rights, including its capacity to receive, investigate and address complaints from children on the violation of their rights;

(b) To g uarantee that the Children ’ s Rights Unit of the National Human Rights Commission effectively carries out its mandate to protect children ’ s rights, in accordance with the Convention and its Optional Protocols.

Dissemination of the Convention and awareness-raising

13. The Committee recommends that the State party reinforce its efforts to systematically disseminate and raise awareness of the Convention among the general public, including children, adolescents, families, teachers and public officials, including in Indigenous languages.

Cooperation with civil society

14. The Committee urges the State party to strengthen measures to protect and promote the work of human rights defenders, including child rights and environmental defenders and those working in the field of children ’ s rights, to enable them to exercise their right to freedom of expression, association and opinion without threats or harassment and to promptly and independently investigate reported instances of violence and ensure that those responsible are held accountable .

Children’s rights and the business sector

15. Recalling its general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children ’ s rights and to the Guiding Principles on Business and Human Rights, endorsed by the Human Rights Council in 2011, the Committee recommends that the State party:

(a) Establish and implement regulations to ensure that the business sector complies with international and national human rights, labour, environmental and other standards, particularly with regard to children ’ s rights;

(b) Establish a clear regulatory framework for the industries and businesses operating in or managed from the State party to ensure that their activities respect labour and other standards, especially those relating to children ’ s rights, and do not negatively affect human rights or endanger the environment and health;

(c) Require companies to undertake assessments and consultations and provide full public disclosure of the environmental, health-related and children ’ s rights impacts of their business activities and their plans to address such impacts;

(d) Require companies to undertake due diligence in their operations and across supply chain with regard to the harmful effects of environmental degradation on children ’ s rights.

B.General principles (arts. 2, 3, 6 and 12)

Non-discrimination

16.The Committee is concerned about the persistence of de facto discrimination deeply rooted in cultural practices that perpetuate inequality, particularly affecting girls and adolescents, because of sex, gender, age, race, socioeconomic status, disability, ethnicity, situation of migration or refugee status, gender identity and expression and sexual orientation. The Committee is also concerned about the generational marginalization of Afro-Mexican and Indigenous children, who lag behind in all indicators, and the prevalence of gender norms and stereotypes that deepen gender-based discrimination and inequalities.

17. The Committee urges the State party:

(a) To put in place laws and regulations to explicitly prohibit all forms of discrimination on the grounds of social and national origin, ethnicity, disability, sex, gender identity and sexual orientation, and to promote a positive image of children as rights holders;

(b) To i mplement affirmative action with adequate resources to close the gaps affecting specific groups of children in vulnerable situations;

(c) To i ntensify policies and awareness-raising strategies for transformative behavioural change regarding social and gender norms and stereotypes in collaboration with children and adolescents, civil society organizations, schools, families, communities, the private sector, faith-based actors, community leaders and the media.

Best interests of the child

18. Recalling its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee recommends that the State party take measures to ensure the clear application of the principle of the best interests of the child as a primary consideration by applying that principle in all decisions concerning children made by the courts, administrative authorities or legislative bodies, as well as in all policies, programmes and projects, including for children in migratory or institutionalized settings and any other situations that are relevant to and have an impact on children.

Right to life, survival and development

19.The Committee is deeply concerned about the following:

(a)The high levels of child homicides and femicides, including by the police;

(b)The high rates of enforced disappearance of children;

(c)Armed violence, drug trafficking and the fight against organized crime causing the killing of many children;

(d)The lack of information about the possible deaths of children during the fire incident at the detention centre in Ciudad Juarez, in 2023.

20. The Committee urges the State party:

(a) To d eclare the fight against child homicides and femicides as a national cause and urgently develop measures to prevent and eradicate those phenomena, in particular by further identifying and addressing their root causes and dedicating adequate financial and human resources to fighting them;

(b) To s ystematically and promptly investigate, prosecute and sanction cases of the killing of children, including committed by the police, and strengthen measures to monitor the performance of the police and judicial institutions;

(c) To d evote the highest level of priority and take immediate and effective measures to prevent, investigate and sanction the disappearances of children, including enforced disappearances, ensuring immediate search, notably by removing the requirement of the 72-hour waiting period in the procedural laws;

(d) To a ddress the root causes of the disappearances of children and design and implement procedures for the follow-up of cases of disappeared children by the police and the Office of the Public Prosecutor, ensuring adequate training and the awareness of staff of the nature of such cases;

(e) To i nvestigate and make the findings publicly available of the fire incident at the detention centre in Ciudad Juarez of 2023, especially with regard to its impact on children, ensure accountability for those responsible and provide reparations to the victims, including their families.

Respect for the views of the child

21. Taking note of the information provided by the State party on the Operational Consultative Council for Children and Adolescents and recalling its general comment No. 12 (2009) on the right of the child to be heard, the Committee recommends that the State party:

(a) Ensure that children ’ s views are given due consideration in the family, at school and in the courts and in all relevant administrative, health and other processes concerning them;

(b) Introduce legislation that mandates consultation with children in all matters affecting them and implement, through a systemic mechanism, regular consultation with children and adolescents;

(c) Conduct programmes and awareness-raising activities to promote the meaningful and empowered participation of all children, with particular attention paid to girls and children in vulnerable situations, and inform children of the mechanisms in place for them to be heard.

C.Civil and political rights (arts. 7, 8 and 13–17)

Birth registration and nationality

22. While welcoming the almost universal birth registration in the State party and noting that the draft General Act on Civil Registration Operations is pending before the Senate, t he Committee recommends that the State party :

(a) Ensure particular attention to the birth registration of children of internally displaced parents or whose parents may be undocumented;

(b) Provide adequate guidance and resources to staff in consulates abroad in order to facilitate the birth registration of children whose parents may have foreign residence.

Right to identity

23. The Committee notes the incorporation of the right to identity into the General Act on the Rights of Children and Adolescents and recommends that the State party further facilitate the access to information on biological origin by adopted children and children born from surrogacy arrangements and to take measures to speedily re ‑ establish children ’ s identity, particularly in cases of illegal adoption.

Freedom of association and peaceful assembly

24. The Committee recommends that the State party e nsure and strengthen children ’ s right to freedom of association and peaceful assembly and ensure that children, particularly child human rights defenders, including child environmental human rights defenders, are not threatened in any manner for exercising those rights, such as by the use of force or detention.

Access to appropriate information

25. Recalling its general comment No. 25 (2021) on children ’ s rights in relation to the digital environment, the Committee recommends that the State party:

(a) Reduce inequalities in access to information and communication s technology by means of strategies for expansion in remote areas, improve the inclusion of children in disadvantaged situations and ensure safe access to relevant and culturally appropriate information online;

(b) Intensify awareness-raising measures to ensure the digital literacy and skills of children, teachers and families and awareness of mechanisms for protecting children online, including against cyberbullying and with regard to privacy;

(c) Ensure the implementation of adequate legislation on digital platforms to protect children and adolescents from cybercrime and to curb harmful content and materials and online risks and provide mechanisms to prosecute violations.

D.Violence against children (arts. 19, 24 (3), 28 (2), 34, 35, 37 (a) and 39 of the Convention, and the Optional Protocol on the sale of children, child prostitution and child pornography)

Abuse, neglect and sexual abuse and exploitation

26.While noting the adoption of a protocol to assist child victims of sexual abuse, the Committee is seriously concerned about:

(a)The high prevalence of sexual violence, especially rape, that affects mostly Indigenous girls, as well as of sexual abuse in schools;

(b)Sexual abuse by religious personnel of the Catholic Church;

(c)The lack of adequate investigative and accountability measures in cases of sexual abuse, exploitation and violence;

(d)Insufficient awareness of reporting channels, access to justice and compensation and rehabilitation measures for victims.

27. The Committee urges the State party:

(a) To i mplement long-term programmes to address the root causes of violence, abuse and the sexual exploitation of children, including through the allocation of adequate human, technical and financial resources to the National System for the Comprehensive Protection of Children and Adolescents;

(b) To r aise awareness of the guidelines issued by the Ministry of Public Education for the prevention of child sexual abuse in schools and other educational institutions and provide support to teachers, health professionals and social workers to enable them to identify various forms of violations and to refer the victims;

(c) To i nstitute a formal State-led independent inquiry into child sexual abuse in the Catholic Church, with full power of investigation, with a view to identifying the failures of the State institutions, identifying the victims, including of past abuses, and establishing a mechanism to compensate them;

(d) To p rovide for accessible, confidential, child-friendly and effective reporting channels for children and provide support to vulnerable groups of Indigenous children and children with disabilities to report violence;

(e) To p romote the mandatory reporting of cases of child sexual abuse and ensure that all such cases are properly investigated and that perpetrators are prosecuted and duly sanctioned;

(f) To e nsure that child victims of sexual abuse and exploitation have access to multidisciplinary support, including one-stop centres or shelters, with medical assessment and trauma-focused therapy services;

(g) To s trengthen awareness-raising and training programmes targeting teachers, health professionals, religious or faith-based actors, police, prosecutors and judges on violence against children and its gender-related aspects .

Corporal punishment

28. Recalling its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee urges the State party:

(a) To ensure that the corporal punishment of children is prohibited in all settings, including the home, schools and other educational institutions, day-care centres and penal and alternative care facilities;

(b) To e xpedite the amendments relating to the prohibition of corporal and humiliating punishment in all states in order for the General Act on the Rights of Children and Adolescents to come into effect;

(c) To r epeal the parental authorities ’ “ right to correct ” from article 423 of the Federal Civil Code , 1928, which contradicts the provisions banning corporal punishment;

(d) To c onduct awareness-raising campaigns for parents and professionals working with and for children to promote behavioural change within the family and the community with regard to corporal punishment and promote positive parenting.

Harmful practices

29. Noting the persistence of child marriage, particularly in rural areas and Indigenous communities and the high rates of adolescents in informal unions, and recalling the joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices, the Committee urges the State party:

(a) To address the persistence of child marriage and informal unions, particularly in rural areas and Indigenous communities, in view of transforming gender norms and cultural practices affecting the most-at-risk girls;

(b) To u ndertake a comprehensive study to collect data, set indicators informed by gender-sensitive and culturally respectful approaches regarding Indigenous Peoples and strengthen monitoring and evaluation mechanisms to address the issue of child marriage;

(c) To d evelop awareness-raising campaigns and programmes on the harmful effects of child marriage on the physical and mental health and well-being of adolescents, targeting households, local authorities, religious and Indigenous leaders, judges and prosecutors.

Torture and other cruel, inhuman or degrading treatment or punishment and gang violence

30.The Committee is seriously concerned about the following:

(a)Reports that the police, prosecutors and soldiers commonly use violence and torture to obtain confessions and engage in other abuses against those accused of crimes, including children, and that the justice system regularly fails to ensure due process;

(b)Increasing cases of ill treatment or cruel or degrading treatment of children in detention centres or situations of deprivation of liberty;

(c)The lack of transparency and disregard for the prosecution and accountability of those responsible for such abuse;

(d)The failure to provide child victims with adequate remedies or specialized care and the limited capacity of the National System for the Comprehensive Development of the Family;

(e)The increased insecurity due to organized crime, armed violence and drug cartels and their negative impact on the lives and development of children.

31. Recalling its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, the Committee urges the State party:

(a) To enforce the prohibition of torture and ensure that all allegations of violence and torture committed by the police, prosecutors or soldiers, including in institutions where children are deprived of liberty, are duly investigated and sanctioned and that children who are victims receive effective remedies;

(b) To e nhance the monitoring of children ’ s detention facilities, guaranteeing access to independent institutions and civil society organizations, and ensure that all recommendations of the national mechanism for the prevention of torture are carried out;

(c) To e nsure that peace and security policies, such as the National Strategy on Peace and Security 2018–2024, are evaluated, updated and implemented in full compliance with the Convention and its Optional Protocols;

(d) To e nsure justice and reparation for children through a demobilization programme for recruited adolescents, guarantee effective coordination among institutions and provide human, technical and financial resources for such a programme.

Optional Protocol on the sale of children, child prostitution and child pornography

32.The Committee regrets the limited information on the implementation of its concluding observations on the report of the State party submitted under article 12 (1) of the Optional Protocol on the sale of children, child prostitution and child pornography. Recalling its 2019 guidelines regarding the implementation of the Optional Protocol and its concluding observations on the report of the State party under the Optional Protocol, the Committee urges the State party:

(a) To s trengthen its efforts to prevent, detect and prosecute all offences under the Optional Protocol;

(b) To e nsure that child victims of offences under the Optional Protocol have access to justice, including free legal aid ; adequate information in child-friendly language ; and special protection at all stages of criminal proceedings;

(c) To e nsure that child victims of offences under the Optional Protocol have access to effective remedies, including compensation, services for rehabilitation and reintegration and recovery of the child ’ s identity ;

(d) To u ndertake comprehensive research on the nature and extent of the sale and sexual exploitation of children for prostitution and child sexual abuse material, particularly online .

E.Family environment and alternative care (arts. 5, 9–11, 18 (1) and (2), 20, 21, 25 and 27 (4))

Family environment

33. The Committee draws the State party ’ s attention to the Committee ’ s statement on article 5 of the Convention on the Rights of the Child, and recommends that the State party:

(a) Ensure that mothers and fathers equally share the responsibility for their children, in law and practice;

(b)Adopt a comprehensive alternative child-care policy that includes mechanisms to prevent family separation.

Children deprived of a family environment

34. Drawing the State party ’ s attention to the Guidelines for the Alternative Care of Children, the Committee recommends that the State party:

(a) Phase out institutionalization and adopt, without delay, a strategy and action plan for deinstitutionalization, ensuring adequate human, technical and financial resources for its implementation;

(b) Ensure that the national foster care programme is provided with sufficient human, technical and financial resources and implemented with adequate safeguards and clear criteria based on the needs and best interests of the child;

(c) Ensure sufficient alternative family-based and community-based care options for children who cannot stay with their families, including by allocating sufficient financial resources for foster care and adoption;

(d) Facilitate the reunification of children with their families whenever possible, in accordance with the best interests of the child;

(e) Establish quality standards for all alternative care settings, ensure periodic review of the placement of children in foster care and institutions and monitor the quality of care provided in those settings , including by providing accessible channels for reporting, monitoring and remedying the maltreatment of children;

(f) Ensure that adequate human, technical and financial resources are allocated to social assistance centres and relevant child protection services in order to facilitate the rehabilitation and social reintegration of children living in them to the greatest extent possible.

Adoption

35. Taking note of the information provided by the State party on the prohibition of private adoption, the Committee recommends that the State party ensure that the best interests of the child are the paramount consideration in adoption procedures, including for pre-adoption care, for children of all ages and that the right of adopted children to know their biological parents is effectively enforced.

F.Children with disabilities (art. 23)

36. Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability , t o set up a comprehensive strategy for the inclusion of children with disabilities and:

(a) To e nsure the effective implementation of the National Programme for the Development and Inclusion of Persons with Disabilities, including the deinstitutionalization of children with disabilities;

(b) To o rganize the collection of disaggregated data on children with disabilities, including on those living in institutions, victims of violence and those without access to education;

(c) To e nsure effective and appropriate protection, healthcare and support, including early detection and community-based services to children with disabilities ;

(d) To u ndertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of children with disabilities as rights holders.

G.Health (arts. 6, 24 and 33)

Health and health services

37. Recalling its general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, the Committee recommends that the State party:

(a) Adopt a human rights-based approach in the implementation of the new model of integrated healthcare and further guarantee the universal access of children to high quality, affordable and inclusive health services at the federal and state levels;

(b) Pay particular attention to providing culturally sensitive health services for Indigenous children and those living in remote rural areas;

(c) Ensure the availability of all necessary vaccines and the timely vaccination of all children, with priority for children under 5 years of age, in order to reduce child mortality by strengthening the National Centre for Child and Adolescent Health with sufficient human, technical and financial resources;

(d) Urgently accelerate the reduction of chronic malnutrition of children 0 to 5 years of age;

(e) Effectively implement the measures taken to reduce obesity and overweight in children and strengthen strategies that enable the access of poor households to healthful food.

Mental health

38. Taking note of the information provided by the State party on the National Commission on Mental Health and Addictions, the Committee recommends that the State party adopt a national strategy to address mental health, including the capacity ‑ building of mental health specialists, and strengthen existing initiatives, such as the “ Línea de la Vida ” emergency line and the “ Contacto Joven ” programme.

Adolescent health

39. Recalling its general comment No. 4 (2003) on adolescent health and development in the context of the Convention and its general comment No. 20 (2016) on the implementation of the rights of the child during adolescence, the Committee recommends that the State party:

(a) Adopt a comprehensive sexual and reproductive health policy for adolescents and ensure that sexual and reproductive health education is part of the mandatory school curriculum and of informal education;

(b) Strengthen the effective implementation of the second phase of the National Strategy for the Prevention of Adolescent Pregnancy, with sufficient human, technical and financial resources based on a targeted budgetary line and a monitoring and coordination mechanism;

(c) Ensure that all children and adolescents, including those who are out of school, Indigenous children and those living in rural areas, receive confidential, child ‑ friendly, age appropriate and culturally sensitive sexual and reproductive health information and services ;

(d) Decriminalize abortion in all circumstances in all states and ensure access to safe abortion and post-abortion care services for adolescent girls, making sure that their personal information remains confidential and that their views are always heard and given consideration as a part of the decision-making process;

(e) Strengthen the measures taken to protect children from substance abuse and provide adequate care.

Intersex children

40. The Committee recommends that the State party:

(a) Ensure that intersex children are not subjected to unnecessary medical or surgical treatment, in line with the rights of the child to bodily integrity, autonomy and self-determination;

(b) Provide social, medical and psychological services and adequate counselling, support and reparations to families with intersex children.

H.Standard of living (arts. 18 (3), 26 and 27 (1)–(3))

41. Noting with concern the decreased social spending for children, particularly for the early childhood age group in the period 2018–2023, which led to higher social deprivations, particularly in the southern states and rural areas, the Committee recommends that the State party:

(a) Adopt a universal social protection programme, including financial transfers to children, and effectively integrate it into the public policies and programmes on health, nutrition, education and child care;

(b) Adopt the complementary measures at the federal, state and local levels necessary to eradicate the extreme poverty of children by 2030, including by prioritizing the provision of drinking water and the accessibility, availability and affordability of food;

(c) Consider scaling up successful programmes, such as “ Mi Beca para Empezar ” , which demonstrate the value of social protection for children living with multiple deprivations.

I.Children’s rights and the environment (arts. 2, 3, 6, 12, 13, 15, 17, 19, 24 and 26–31)

Impact of climate change on the rights of the child

42. Recalling its general comment No. 26 (2023) on children ’ s rights and the environment, with a special focus on climate change, the Committee recommends that the State party:

(a) Ensure that children ’ s views are considered in developing environmental, climate change, disaster risk reduction and crisis management policies and systems;

(b) Increase children ’ s awareness and preparedness for climate change and natural disasters by incorporating it into the school curriculum and teacher training programmes;

(c) Prioritize strengthening the climate-resilient water, sanitation and hygiene infrastructure in schools;

(d) Ensure children ’ s participation in the implementation of the updated nationally determined contribution of 2022 and in the preparation of the next nationally determined contribution, which should include a child-rights impact assessment.

J.Education, leisure, and cultural activities (arts. 28–31)

Education: aims and coverage

43. T he Committee recommends that the State party:

(a) Increase the budget allocated to the public education sector to provide education policies and infrastructure, including water and sanitation, with adequate human, technical and financial resources;

(b) Adopt measures to address the root causes of drop out and to detect at ‑ risk or out-of-school children in order to prevent student drop out, in particular among children in vulnerable situations;

(c) Consider reversing the cancellation of the Full-Time School Programme or develop new measures to fully mitigate the cancellation ’ s negative effects, such as the loss of access to adequate food, such as school breakfast and other meals, and the risks associated with gang violence;

(d) Adopt a comprehensive policy for school retention and reintegration, including measures to assist pregnant teenagers and adolescent mothers to continue their education in mainstream schools;

(e) Maintain and strengthen the National Strategy for Early Education with sufficient human, technical and financial resources;

(f) Ensure the effective implementation, monitoring and outcomes of the Benito Juarez Scholarship programme.

Quality of education

44. The Committee recommends that the State party:

(a) Urgently adopt a comprehensive strategy to tackle the structural causes of the low learning outcomes in education;

(b) Strengthen the quality of education, ensuring the availability of qualified teachers and that schools are fully and safely accessible to all and equipped with adequate infrastructure, including access to water and sanitation, and educational technologies;

(c) Ensure the protection and safety of children at school, notably by ensuring the effective implementation of the 2024 protocol for the eradication of bullying in basic education.

Inclusive education

45. The Committee recommends that the State party:

(a) Ensure that all children with disabilities have access to inclusive and culturally appropriate education in mainstream schools;

(b) Ensure the effective implementation of the 2019 National Strategy on Inclusive Education;

(c) Expand and ensure the effective implementation of the Inclusion and Equity in Education Programme;

(d) Strengthen the “ La Escuela es Nuestra ” programme with a monitoring mechanism to assess its impact, notably on retention, learning outcomes and nutrition.

Human rights education

46. The Committee recommends that the State party ensure that human rights education and the principles of the Convention are integrated into the mandatory school curriculum in primary, secondary and higher education and vocational training, and in the training of teachers and education professionals, notably through the effective implementation of the Sectoral Education Plan, taking into account the framework of the World Programme for Human Rights Education.

Rest, play, leisure, recreation and cultural and artistic activities

47. The Committee recommends that the State party increase its efforts to ensure the access of all children to safe playgrounds and outdoor spaces, in particular children in vulnerable situations.

K.Special protection measures (arts. 22, 30, 32, 33, 35, 36, 37 (b)–(d) and 38–40 of the Convention and the Optional Protocol on the involvement of children in armed conflict)

Asylum-seeking, refugee and migrant children

48.The Committee welcomes the legislative reforms to the Migration Act and the Act on Refugees, Complementary Protection and Political Asylum. The Committee is deeply concerned, however, about the lack of implementation of those acts in the context of the increasing number of asylum-seeking, refugee and migrant children in the State party, in particular regarding:

(a)The lack of alignment between the Migration Act and the General Act on the Rights of Children and Adolescents;

(b)The limited coordination between the consular authorities, the migration authorities and child protection authorities;

(c)The lack of disaggregated data on asylum-seeking, refugee and migrant children;

(d)The persistent practice of detention of migrant children, including unaccompanied or separated children;

(e)The lack of capacity to promote and facilitate family reunification;

(f)The weak application of the best interests determination procedure;

(g)The lack of protection measures for asylum-seeking children.

49. Recalling joint general comments No. 3 and No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration and its general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, the Committee recommends that the State party:

(a) Ensure the effective implementation of the legal measures adopted to align the Migration Act and the Refugees, Complementary Protection and Political Asylum Act with the General Act on the Rights of Children and Adolescents;

(b) Strengthen the capacities and coordination mechanisms among the relevant entities, including the National System for Integral Family Development, the National Institute of Migration, the p rotection office and the Mexican Commission for Refugee Assistance to ensure that the best interests of children and adolescents are evaluated and remedies are guaranteed on a case-by-case basis;

(c) Strengthen coordination between the consular authorities, the migration authorities and the child protection authorities to guarantee special protection of returned Mexican children from the United States of America;

(d) Ensure the effective implementation of the Road Map for the Comprehensive Protection of the Rights of Migrant Children and Adolescents;

(e) Strengthen the collection of disaggregated data on asylum-seeking and refugee children, including unaccompanied and separated children;

(f) End immediately the practice of detention and deprivation of liberty of migrant children and ensure special protection measures instead;

(g) While banning all forms of deprivation of liberty in the context of migration, ensure that all places of accommodation or rescue meet international standards, including with provisions for access to information, translation and interpretation services to ensure understanding by children in their languages, and guarantee their security, health, food and other rights;

(h) Adopt measures to ensure family tracing for unaccompanied and separated children to promote family reunification;

(i) Guarantee the application of the best interests determination procedure by the child protection authorities to prevent family separation and ensure special protection and restitution of their rights;

(j) Strengthen the mechanism to detect the international protection needs of asylum-seeking children;

(k) Ensure that children have access to confidential, child-friendly complaint mechanisms, including free and appropriate legal aid, for the reporting of cases in children ’ s detention centres and facilities taking care of asylum-seeking, refugee and migrant children;

(l) Consider ratifying the Convention on the Reduction of Statelessness .

Internally displaced children

50. The Committee recommends that the State party:

(a) Expedite the approval of the draft General Act to Comprehensively Prevent, Address and Provide Reparations for Internal Forced Displacement and ensure its effective implementation by means of sufficient human, technical and financial resources and harmonization with relevant legislation;

(b) Ensure the adoption and implementation of a comprehensive response for internally displaced persons, including a national prevention strategy and measures of protection, notably against child labour, and care for internally displaced children.

Indigenous and Afro-Mexican children

51. Recalling its general comment No. 11 (2009) on Indigenous children and their rights under the Convention, the Committee urges the State party:

(a) To a ccelerate the harmonization process of constitutional reform to ensure the recognition of Indigenous Peoples and Afro-Mexicans as rights holders;

(b) To p ut in place measures for early detection and timely interventions in cases of conflict in areas occupied by Indigenous Peoples through peaceful dispute resolution measures and by addressing the root causes of such conflicts;

(c) To s ystematically guarantee the free, prior and informed participation of Indigenous children before adopting and implementing any legislative or administrative measures that may affect them and provide effective remedies in cases of violation of their rights.

Economic exploitation, including child labour

52. Welcoming the information provided by the State party on the ratification of the Domestic Workers Convention, 2011 (No. 189) of the International Labour Organization, the Committee recommends that the State party:

(a) Strengthen the Interministerial Commission for the Prevention and Elimination of Child Labo u r and the Protection of Working Adolescents of Legal Working Age in Mexico to effectively address the magnitude of the phenomenon of child labour;

(b) Strengthen the child labour inspection mechanisms employed by the Ministry of Labour and Social Security with sufficient human, technical and financial resources;

(c) Take prompt and effective action to ensure that no child engages in activities considered to be the worst forms of child labo u r, especially in rural areas and in domestic labour, and ensure their reintegration into education and social protection systems;

(d) Ensure that all safe labour conditions are complied with for adolescents of legal working age.

Children in street situations

53. Drawing attention to its general comment No. 21 (2017) on children in street situations, the Committee recalls its previous concluding observations and recommends that the State party:

(a) Establish a comprehensive protection system for children in street situations or at risk that operates at the federal and state levels;

(b) Conduct regular in-depth studies on the scope and root causes of the phenomenon of children in street situations.

Administration of child justice

54.Recalling its general comment No. 24 (2019) on children ’ s rights in the child justice system, the Committee urges the State party to bring its child justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party:

(a) To raise the legal age of criminal responsibility to at least 14 years of age;

(b) To ensure that free legal assistance, as provided for in the state and national laws, is available from an early stage and throughout the legal proceedings and in all states;

(c)To ensure the effective implementation of the Juvenile Justice Act to further expand the use of such non-judicial measures as diversion and mediation for children alleged as, accused of or recognized as having infringed criminal law and, wherever possible, the use of such non-custodial sentences for children as probation or community service ;

(d) To, f or the few situations where deprivation of liberty is justified as a measure of last resort, ensure that children are not detained together with adults and that detention conditions are compliant with international standards, including with regard to access to education and health services.

Children in armed conflict, including the implementation of the Optional Protocol on the involvement of children in armed conflict

55.While commending the State party for amending the Rules for the Recruitment of Personnel for the Mexican Army and Air Force to set the minimum recruitment age at 18 years, the Committee recommends that the State party:

(a) Adopt local strategies to implement the Optional Protocol, including reaching the most at-risk children, on the basis of an in-depth evidence-based assessment of the structural causes of child recruitment and involvement in armed violence;

(b) Explicitly criminalize in the Federal Penal Code violations of the provisions of the Optional Protocol regarding the recruitment and the use of children in hostilities;

(c)Ensure that children recruited and involved in hostilities are recognized and treated as victims to ensure their protection and their rights, especially girls, in the context of measures taken to ensure public security, as well as protection from armed violence by non-State armed groups.

L.Ratification of the Optional Protocol on a communications procedure

56. The Committee recommends that the State party ratify the Optional Protocol to the Convention on a communications procedure.

M.Ratification of international human rights instruments

57. The Committee recommends that the State party, in order to further strengthen the fulfilment of children ’ s rights, consider ratifying the following core human rights instrument: the Optional P rotocol to the International Covenant on Economic, Social and Cultural Rights. It also recommends that the State party accept article 32 of the International Convention for the Protection of All Persons from Enforced Disappearance on an inter-State communication procedure .

N.Cooperation with regional bodies

58. The Committee recommends that the State party cooperate with the Organization of American States (OAS) on the implementation of the Convention and other human rights instruments, both in the State party and in other OAS member States.

IV.Implementation and reporting

A.Follow-up and dissemination

59. The Committee recommends that the State party take all appropriate measures to ensure that the recommendations contained in the present concluding observations are fully implemented and that a child-friendly version is disseminated to, and made widely accessible for, children, including those in the most disadvantaged situations. The Committee also recommends that the combined sixth and seventh periodic reports, the written replies to the list of issues and the present concluding observations be made widely available in the languages of the country.

B.National mechanism for reporting and follow-up

60. The Committee recommends that the State party establish a standing government structure and ensure that it has the mandate and the adequate human, technical and financial resources to coordinate and engage with, and prepare reports to, international and regional human rights mechanisms and to coordinate and track national follow-up to, and the implementation of, treaty obligations and the recommendations and decisions emanating from such mechanisms. The Committee emphasizes that such a structure should be adequately and continuously supported by dedicated staff and should have the capacity to consult systematically with the National Human Rights Commission and civil society.

C.Next report

61.The Committee will establish and communicate the due date of the combined eighth and ninth periodic reports of the State party in due course, in line with the envisaged predictable reporting calendar based on an eight-year review cycle and following the adoption of a list of issues and questions prior to reporting, if applicable, for the State party. The report should be in compliance with the Committee ’ s harmonized treaty-specific reporting guidelines and should not exceed 21,200 words. In the event that a report exceeding the established word limit is submitted, the State party will be asked to shorten the report. If the State party is not in a position to review and resubmit the report, translation thereof for the purposes of consideration by the Committee cannot be guaranteed.