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Mexico - Combined 7th and 8th periodic report [2011] UNCEDAWSPR 5; CEDAW/C/MEX/7-8 (7 January 2011)

Committee on the Elimination of Discrimination

against Women

Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

Combined seventh and eighth periodic report of States parties

* In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services.

Mexico*

Contents

Acronyms and abbreviations

I. Introduction

1. In compliance with article 18 of the Convention on the Elimination of All Forms of Discrimination against Women and the recommendation of the Committee on the Elimination of Discrimination against Women to the Mexican State contained in paragraph 42 of its Concluding Comments on Mexico’s sixth periodic report (CEDAW/C./MEX/CO/6), Mexico presents its combined seventh and eighth reports on implementation of the Convention.

2. In accordance with the Committee's new guidelines, the report presented here covers the period from August 2006 to September 2010. It has been structured to take account of progress and obstacles in applying the 16 substantive articles of the Convention, as well as the general recommendations issued to date by the Committee. At the same time, it offers a specific accounting of the status of implementation of each of the Committee's recommendations to the Mexican State on the basis of its sixth periodic report. This approach made it possible to consolidate the information presented, in observance of the new guidelines.

3. This report is the result of a wide-ranging, dynamic and participatory effort involving various players and sectors of the Mexican State. The preparation and integration of information was coordinated by the National Women's Institute (INMUJERES), as the lead body on gender issues at the national level.

4. Mexico today has new frameworks for action, flowing from the General Act on Equality between Women and Men and the General Act on Women’s Access to a Life Free of Violence, the instruments and mechanisms of which allow for implementing and monitoring the Convention and the Committee's recommendations within the branches of the federal State and at all three levels of government.

5. The Commission for Monitoring Compliance with the Convention was established within this new framework, as part of the National System for Equality of Opportunities between Men and Women (SNIMH), through which the executive branch has put into effect the methodology for preparing this combined report. As an innovative methodology, it created a virtual space for interaction with that commission, through which specific information was provided for preparing the report. The final document was previously validated by all participants and sectors involved in compiling it.

6. The report also includes information from various de-concentrated bodies, the entidades federativas [“federative entities”, i.e. the 31 states of the Mexican Federation plus the Federal District, hereinafter referred to as “the states” unless the context calls for further precision] through their mechanisms for the advancement of women, and the legislative and judicial branches, with which bilateral and open dialogue was maintained. Civil society organizations (CSOs) were consulted through the Advisory and Social Councils of INMUJERES, its consulting and advisory bodies, and the analysis and assessment of public policies and programmes.

7. The relevance, quality and quantity of information received and processed by INMUJERES for input into the report led to preparation of a wide-ranging Annex, which the Mexican State thinks it important to bring to the attention of the Committee of Experts, as a reflection of the work and progress achieved at the state level and as a disaggregation of data on the topics addressed in the body of the report, among other things, which also responds to the Committee's recommendations and its new guidelines.

8. Thirty years after Mexico's ratification of the Convention as a binding legal instrument, the Convention and its mandates have been incorporated and mainstreamed in the institutional and legal framework of our country. Examples can be found in the General Act on Equality of Opportunities between Women and Men, the inclusion of Pillar 3, "Equality of Opportunities", in the National Development Plan 2007-2012 (PND), the National Programme for Equality between Women and Men 2008-2012 (PROIGUALDAD, “Pro-Equality”), and the processes of legal harmonization. As well, the international context is considered in the preparation of plans and programmes.

9. In response to the Committee's recommendations to the Mexican State, this report emphasizes issues such as legislative harmonization, the eradication of all forms of violence against women, women's participation in decision-making, the eradication of poverty, access to health services, especially for sexual and reproductive health, and incorporation and mainstreaming of the gender perspective in plans and programmes.

10. Mexico has strengthened and consolidated its legal and institutional structures as well as its interagency work in pursuit of equality. Nevertheless, and although it has created conditions and irreversible transformations for constructing a true culture of equality, the Mexican State recognizes that there are still challenges that will require the joint commitment and determination of all players and sectors.

II. Articles 1 and 2

11. This section contains information on the principles of equality and non-discrimination and their incorporation into prevailing legislation; it also responds to recommendations 9, 11, 13, 15 and 19 from the concluding observations of the Committee on the sixth periodic report of Mexico, and General Recommendations 12, 19 and 25.

A. Principles of non-discrimination and equality

12. Article 1 of the Mexican Constitution^[1] prohibits discrimination and incorporates the definition in article 1 of the Convention into the Federal Act to Prevent and Eliminate Discrimination (LFPED)^[2].

13. The crosscutting themes indicated in the PND for the construction of public policies are: mainstreaming the gender perspective, equality between women and men, and the elimination of any form of discrimination based on gender. Consistent with recommendation 19 from the Committee's concluding observations, the principle of equality is incorporated in the PND^[3], in the General Act for Equality between Women and Men (LGIMH) and in the National Programme for Equality between Women and Men 2008-2012 (PROIGUALDAD). With respect to General Recommendation 25, this principle has been promoted through the National Accord on Equality between Women and Men.^[4]

14. Attention should be drawn to equality programmes in the federal public administration (FPA)^[5] and to the fact that, since 2008, the Federal Budget Decree (Decreto de Presupuesto de Egresos de la Federación, PEF) makes it mandatory to promote equality of opportunities through incorporation of the gender perspective in the design, preparation, application, monitoring and evaluation of programmes and their outcomes.

15. The National Council to Prevent Discrimination (CONAPRED) has been enforcing the equality and antidiscrimination policy since 2003. This has resulted in a total of 237 complaints (quejas)^[6], of which 21 were resolved through conciliation, and a total of 182 claims (reclamaciones)^[7], of which 45 were resolved through conciliation, involving charges of discrimination against women during the period from 1 September 2006 to 23 June 2010 (see Annex I, section A).

B. Legislative harmonization

16. With respect to recommendation 9 from the Committee's concluding observations, the PROIGUALDAD strategy specifies as follows (1.6): "pursue the harmonization of national legislation in a manner consistent with international treaties and conventions, in coordination with the three branches of the states and the mechanisms for the advancement of women."

17. In addition, INMUJERES has contributed to harmonizing systems and laws against violence at the state level, and has established a permanent working agenda with the executive, legislative and judicial branches of the federal and state levels, entities of the FPA, women's bureaus in the states (IMEFs) and civil society organizations. Specifically, this is done through the MVVG Fund, belonging to INMUJERES^[8], which provides support for state mechanisms for the advancement of women in providing integral care for female victims of gender violence, and the Support Programme for Women's Bureaus in the Federative Entities (PAIMEF), belonging to the National Institute of Social Development (INDESOL) (see Chapter III, below).

18. Within the legislative branch, the Centre for Studies on the Advancement of Women and Gender Equity (CEAMEG) has established at the webpage of the Chamber of Deputies a database systematizing legislative initiatives and points of agreement on gender issues, as well as proposed legislative reforms to introduce the gender perspective in criminal, civil and family law in all states of the country.

19. With respect to equality and non-discrimination^[9], as of May 2010, 22 states had incorporated the principle of equality into their constitutions, and 25 had so incorporated the principle of non-discrimination; 16 states have laws to prevent and eradicate discrimination^[10], and discrimination has been made a criminal offence in 13 federated entities of the country^[11]. Moreover, 19 states have a law on equality between women and men: of these, one has accompanying regulations and five have a state system (see Annex I, section B).

20. With respect to violence, 32 states^[12] have a state law consistent with the General Act on Women’s Access to a Life Free of Violence (LGAMVLV); 24 have regulations and 30 have a state system^[13]. Currently, 30 states^[14] and the Federal District (DF) have made family violence a crime; in 30 of those entities this is deemed grounds for divorce, and in 21 rape within a marriage or de facto union is deemed a crime. There remains the challenge of harmonizing civil and criminal legislation, procedures, responsibilities of public servants and municipios, among other matters.

21. With respect to trafficking in persons, as of June 2010 four states had published laws to prevent and punish this crime, and two had issued regulations (see Annex I, section B)^[15]. The penal codes of 31 states make human trafficking a crime (see Annex III).

22. With respect to Committee recommendation 11, concerning coordination and monitoring mechanisms to ensure the effective harmonization and implementation of gender equality programmes and policies, and enforcement of the LGIMH, in 2007 the National System for Equality between Women and Men (SNIMH) was established (see Chapter III below); it is overseen by the National Commission on Human Rights (CNDH) and coordinated by INMUJERES.

23. In follow-up to the same recommendation, during 2008-2010 the CNDH received a cumulative budget of 52.9 million pesos (the equivalent of US$4.4 million); 12.1 million pesos (US$1.01 million) to address issues relating to women, children and the family; and 40.8 million pesos (US$3.4 million) to promote, disseminate, implement, monitor and evaluate the national policy regarding equality between women and men.

24. With respect to recommendation 13 from the Committee's concluding observations, the approval of draft laws in Mexico is subject to the legislative calendar. Each parliamentary group establishes its own agenda, which includes priorities with respect to equality, gender equity and women's human rights. The Equity and Gender Committee of the Chamber of Deputies compiles all those agendas into an annual programme on which it bases priorities^[16]. During the 61st legislative session lines of action were established for the period October 2009 to August 2010, in order to fulfil objectives relating to gender equity and women's human rights.^[17]

C. Violence against women

25. With respect to General Recommendations 12 and 19 of the Committee, and its recommendation 15 on the sixth periodic report of Mexico, combating violence against women is a priority in the struggle against discrimination and inequality^[18].

26. The specific institutions addressing these issues are the Special Prosecutor's Office (Fiscalía Especial) for Crimes of Violence against Women and Trafficking in Persons (FEVIMTRA) of the Federal Attorney General's Office (Procuraduría General de la República, PGR) and the National Commission for the Prevention and Eradication of Violence against Women (CONAVIM) of the Ministry of the Interior (Secretaría de Gobernación, SEGOB). The Special Committee to Consider and Monitor Investigations of Feminicide in Mexico, of the Chamber of Deputies, oversees government actions in this area.

27. The LGAMVLV published in February 2007 and its regulations, published in March 2008, distribute powers in this area among the three levels of government, and require the design of a comprehensive policy, through creation of a National System to Prevent, Treat, Punish and Eradicate Violence against Women (SNPASEVM) and a Comprehensive Programme to Prevent, Treat, Punish and Eradicate Violence against Women (PIPASEVM).

28. In 2007 the SNPASEVM was established to promote interagency efforts to prevent, treat, punish and eradicate violence against women. It currently has 45

members, including units of the FPA, the IMEFs and invited bodies^[19]. In the course of its meetings it has instituted commissions to prevent, treat, punish and eradicate violence against women^[20], an advisory commission for issuing warnings of gender violence, and a multidisciplinary, interagency group to study and analyze the possible issuance of a gender violence warning. As well, a national database on cases of violence against women has been established, and there has been further work on preparing the PIPASEVM, the National Diagnosis and the Models for preventing, treating, punishing and eradicating violence against women, and the directory of services for female victims of violence has been updated.

1. Actions to address violence against women

29. In April 2009 the Mexican Official Standard NOM.-046-SSA2-2005, "Domestic and sexual violence and violence against women. Criteria for prevention and treatment" was updated. In order to reflect the new regulatory framework, the Integrated Model for Prevention and Treatment in Relation to Domestic and Sexual Violence was updated and five protocols were defined for providing care and psycho-emotional support to victims, depending on the type of violence. Through the 278 specialized units for treating domestic and gender violence, installed in the 32 states, the Health Ministry (SSA) provided specialized care to 287,210 women suffering from severe domestic violence between September 2006 and August 2010.

30. Between 2008 and 2009 the National Commission for the Development of Indigenous Peoples (CDI) promoted the creation of eight "Indigenous Women's Centres" (Casas de la Mujer Indígena) and upgraded the five created in 2003, with a view to treating violence against indigenous women and protecting their sexual and reproductive health, with funding in the amount of 15 million pesos (US$1.26 million).

31. Shelters and care centres for female victims of violence are operated by the IMEFs and by CSOs (see Annex I, sections C and D). The SSA earmarked 202.9 million pesos (US$17.77 million) between 2008 and 2010 for shelters operated by CSOs and public institutions, which benefited more than 4,700 women in 23 states. INDESOL, through the Social Co-Investment Programme (PCS), has issued two calls for tenders to support projects of this kind, and has allocated funding of more than 17 million pesos^[21] (US$1.37 million) to 39 CSOs that have benefited 9,619 women (see Annex I, section E); and through PAIMEF it provided funding between

2007 and 2010 in the amount of 225.16 million pesos (US$19.03 million) under its "programme D"^[22] (see Annexes XI, XII and XIII).

2. Budget and funding for addressing violence against women

32. Between 2008 and 2010 a budget of 2,665.1 million pesos (US$222.5 million) was allocated to address violence against women, representing 9.89% of the budget earmarked for women and gender equality (PEMIG).

33. Through the Programme for Mainstreaming the Gender Perspective (PETPEG), 22 IMEFs have equipped and reinforced care centres for female and child victims of violence; 38 mobile care centres were created in communities in 16 states; 12 states updated their hotlines for victims of gender violence; 26 studies and analyses of gender violence were conducted, and there were 18 campaigns to promote women's access to justice.

34. The PROEQUIDAD (“Pro-Equity”) Fund provided support between 2007 and 2009 amounting to 10.1 million pesos (US$829,000) to 42 CSOs in 17 states. The main activities involved legal advice and assistance, psychological therapy, shelters for women and their children, and prevention strategies, which included dissemination of the right to a life free of violence, training for community promoters, and access to justice in cases of domestic violence.

35. Through PAIMEF, INDESOL distributed 724.5 million pesos (US$61.7 million) between 2006 and 2010 (see Annex I, section F) in support of actions to prevent, detect and treat violence against women.

D. Prevention and eradication of sexual harassment

36. Chapter XI of this report describes steps taken to eradicate sexual harassment in the workplace. The Supreme Court of Justice (SCJN) and the Federal Council of the Judiciary (CJS) have held a series of workshops for preventing, investigating and punishing sexual harassment in the workplace, and the Supreme Court is about to complete preparation of a protocol of good practices in this area.

37. In the schools, the Federal Administration of Education Services in the Federal District has a unit dealing with child mistreatment and sexual abuse (UAMASI) which handles complaints from 5,800 public primary and secondary schools. Special mention should be made of a campaign launched in 2009 to prevent, treat and punish harassment in the National Polytechnic Institute (IPN), which sparked the reporting of 75 cases of sexual harassment, five of which were referred to the public prosecutor, and caused the dismissal in March 2010 of a director of that institution.

38. The Education Ministry (SEP) has a module for guidance, prevention and treatment of gender violence (MOPAV) through which it offers guidance to educational staff in situations of gender violence. As well, INDESOL has a guidance office relating to domestic and sexual violence against women (OOFV), and the Ministry of Foreign Relations (SRE), in coordination with the Government Employee Social Security and Services Institute (ISSSTE) has established a psychological care module for its personnel in cases of gender-based violence. The Ministry of National Defence (SEDENA) has introduced a mechanism for prevention, treatment and punishment in cases of sexual harassment.

E. Feminicide and institutional violence against women

39. The LGAMVLV defines feminicidio (“feminicide”)^[23] and institutional violence against women, and establishes a gender violence alert warning^[24] as the set of emergency actions to guarantee women's safety. In 2006 the Chamber of Deputies approved the initiative to make feminicide a crime, and it is now pending approval by the Senate. At the federal and state levels alike, feminicide is still not classified as a separate crime^[25] (see Annex I, section G).

40. To prevent violence against women the Ministry of the Navy (SEMAR), the Ministry of Public Security (SSP), SEDENA and the PGR have incorporated the gender focus into their activity programmes as a way of influencing the conduct of their agents.^[26]

F. Access to justice

41. Consistent with recommendation 15 from the Committee's concluding observations, efforts continue with the federal judiciary (PJF) to promote women's access to justice. From 2006 until May 2010 the PJF trained 3,226 women and 2,456 men, nationwide, in human rights, gender violence and non-discrimination, and provided professional instruction on dispensing justice with a gender perspective to 418 legal advisors, magistrates and judges. With respect to assessment, the CJF found that public servants with judicial functions were unfamiliar with international treaties, and consequently training activities are now part of its regular internal agenda.

1. The events in San Salvador Atenco

42. With respect to the events of 3 and 4 May 2006 in San Salvador Atenco, Mexico State, the Special Prosecutor responsible for handling offences involving acts of violence against women (FEVIM)^[27], and subsequently FEVIMTRA, have taken various steps to clarify the facts.^[28]

43. In May 2008 the Chamber of Deputies adopted a resolution urging the government of Mexico State and FEVIMTRA to deal promptly and expeditiously with complaints of sexual abuse as a result of those operations; it also urged the CNDH to issue precautionary measures to guarantee the safety and the physical and psychological integrity of the women who were sexually abused; and the SCJN was urged to take a clear stand on the matter. The Senate issued a similar call^[29] to the government of Mexico State and FEVIMTRA.

44. In June 2008 the Attorney General of Mexico State (PGJEM) appointed a special agent to wrap up the preliminary inquiries and to compile all the related evidence at hand with a view to issuing a proper legal study of the events and the investigations. The SCJN, using its non-judicial investigation powers, found that during the operations grave violations of human rights were committed, for which state police officers were responsible.

45. The FEVIMTRA reported in July 2009 that it had taken evidence from 350 persons, pointing to the likely involvement of police personnel of Mexico State. It consequently turned the case over to the PG JEM, the competent authority for hearing the case^[30]. In October 2009^[31] the Legislative Assembly of the Federal District (ALDF) approved a submission to the Inter-American Commission on Human Rights (IACHR) to address the petition for access to justice presented by 11 of the 26 women; that petition is now being processed.

46. In June 2010 the SCJN upheld the appeals filed by 12 participants in the events and ordered their immediate release, after concluding that the criminal proceedings were based on groundless accusations and flawed evidence. Consequently, the PG JEM withdrew the charges, including those against Magdalena Hernandez and America del Valle.

47. It is not possible to satisfy the Committee's request, as FEVIMTRA lacks competence to hear the San Salvador Atenco case, which involves ordinary crimes that fall within the jurisdiction of the PGJEM. The distribution of responsibilities between the Federal Government and the states is governed by the Constitution, which can only be changed by amendment approved by a majority of states. As the states consider that they have legitimate competence to prosecute crimes committed by their public servants, such an amendment has not yet been successful.

III. Article 3

A. Mainstreaming the gender perspective in the Federal Public Administration

1. Mainstreaming the gender perspective in the FPA

48. The mandates established in the PND for mainstreaming the gender perspective in public policies and eliminating any form of gender discrimination have given substance to the National Policy of Equality between Women and Men. By mandate of the LGIMH, INMUJERES is the lead body on gender issues. It has focused its efforts on mainstreaming the gender perspective in compliance with that law and the LGAMVLV. By strengthening the national mechanism, Mexico has complied with General Recommendation 6 and the Beijing Platform of Action.

49. The coordination mechanisms instituted under these laws have strengthened the institutional structure and given a boost to interagency work in the pursuit of equality. As noted earlier, the SNIMH has been created to coordinate 41 federal agencies, and PROIGUALDAD was drawn up. Its seven strategic objectives^[32] establish a platform for a policy of mainstreaming the gender perspective in the FPA and winning adoption of that policy in the three branches of State, at the different levels of government, and in the private sector. Moreover, 11 gender units^[33] have been created since 2007 in departments and agencies of the FPA and 40 entities now have an internal coordination mechanism for addressing gender issues.

2. Institutional culture with a gender perspective

50. The Institutional Culture Programme of the Federal Public Administration (PCIAPF), issued in 2009, is a strategy for promoting changes from a gender perspective in the organizational culture of the FPA^[34]. In this context, the Institutional Culture Network has been created, involving 258 public institutions, to which a questionnaire was administered dealing with the gender perspective and institutional culture^[35]. Based on that assessment, 222 institutions have established an institutional culture action plan, committing themselves to more than 3,500 actions to promote mainstreaming of the gender perspective^[36]. General Annex 1 B provides some examples.

3. Awareness raising, training and professional development

51. In 2007 INMUJERES introduced a training and professional development policy based on certification of skills and creation of capacities for instituting gender awareness courses. In this context, in 2009 INMUJERES promoted creation of the Gender Equality Sector in the National Council for Standardization and Certification of Occupational Skills (CONOCER), constituting it as an assessment centre. It now has technical standards for certifying persons who provide telephone assistance to victims of violence, as well as advisors and auditors under the Gender Equity Model (GEM, 2003).

52. A "gender awareness kit"^[37] was produced and presented at a special session for mainstreaming the gender perspective in training units of the FPA. The first online gender awareness course and an online catalogue of professional gender services have been created, and a website on gender equality training (“Punto género: formación para la igualdad”) has been developed^[38].

4. Budgeting for gender equality

53. Mexico has a binding legal framework for formulating, applying and monitoring budgets for policies to promote gender equality and to prevent and combat gender violence. Since 2006 the Federal Budget and Fiscal Responsibility Act has required a gender focus in the administration of federal funds. To this end, INMUJERES prepared a Manual for Planning, Programming and Budgeting with a gender perspective, and a Methodological Guide for mainstreaming the gender perspective in public budgets. It has also pursued joint strategies with the Chamber of Deputies and the Senate and the Ministry of Finance and Public Credit (SHCP), with the Interagency Roundtable for Preparation of the 2008 Budget from a gender perspective, and with the National Forum on Budgeting for Equality between Women and Men.

54. There has been a steady increase in the size and number of federal programmes assigned funds earmarked for women within the PEF (See Annexes 3.1 and 3.2). In this context, legislators from the different parties worked on the Irreducible Gender Budget Initiative. As well, through the SHCP website, federal departments and agencies report on their earmarked budget expenditure and, since 2008, INMUJERES has been submitting quarterly reports to the Chamber of Deputies detailing this progress. The INMUJERES budget itself has tripled over the last three years (since 2007), primarily in terms of resources to strengthen the IMEFs.^[39]

B. Mainstreaming the gender perspective in state and municipal governments

55. The Fund for Mainstreaming the Gender Perspective^[40] was created in 2008 for the pursuit of projects in coordination with the IMEFs. In 2009 it was merged with the Support Fund for Mechanisms for the Advancement of Women in the Federated Entities for Comprehensive Care for Female Victims of Gender Violence. In that year it was applied in 1,300 municipios. In 2010 the fund was structured as a Programme to Strengthen Mainstreaming of the Gender Perspective, subject to operating rules. To the same end, INDESOL has been running the PAIEF since 2006 in support of actions to prevent and treat violence against women (see information referring to articles 1 and 2). Some examples of the work performed can be found in Annex XIII.

56. In 2005 INMUJERES created a fund to launch and strengthen municipal women's offices. As of 2007 it had supported 959 projects in 227 municipios (25% of them with indigenous populations), as a result of which 634 municipal women's offices were created. In 2008 it was reformulated as the fund for development of municipal women's offices (Fondo para el Desarrollo de las Instancias Municipales de las Mujeres, FODEIMM), and supported 570 municipal offices. In 2009, 318 offices received support (30% in municipios with high or very high poverty levels). As a result, in 2010 there were a total of 1,000 municipal women's offices. The Internet portal on "local development with women" was also designed, and a conceptual manual for local development with gender equity was published^[41].

C. Institutionalizing the gender perspective in the federal judiciary

57. From 2008 to 2010 the Federal Judiciary (PJF) was allocated an earmarked budget for gender awareness raising and training for public officials. A general coordination office for the PJF gender equity programme was created, and three gender equity departments were established: in the SCJN, the CJF and the Federal Elections Tribunal (TEPJF). As well, an interagency committee was formed to oversee gender equity policy in the PJF.

58. The PJF work involves five general programmes: training, research, linkages, dissemination and evaluation, with the objectives of raising awareness and providing training from a gender perspective for people working in the federal judiciary, as well as mainstreaming a gender perspective in the institutional life of PJF bodies. Consistent with those objectives, legal and administrative personnel of the PJF have been given training and have been equipped with theoretical and practical tools on human rights and gender, and measures such as diagnoses and paternity leave have been implemented in the TEPJF.

59. Noteworthy projects under the gender equity programme in the PJF have included jurimetric analysis of judgments, a gender perspective study of SCJN opinions and jurisprudence, research into the obstacles facing female candidates in the 2009 federal elections, and a series of publications on "Law, Gender and Justice", as well as creation of an institutional webpage: www.equidad.scjn.gob.mex (See Annex XIV).

D. Linkages to civil society

60. In order to strengthen civil society organizations involved with women's human rights, a number of mechanisms and strategies have been developed. In terms of support for projects there are the PROEQUIDAD Fund, the Social Co-investment Programme (see Annex III, section C), programmes coordinated by the Federal Electoral Institute (IFE) (see Chapter VII), the Commission to Promote CSO Activities^[42], the programme for the Promotion of Agreements in Justice Matters of the CDI, as well as guidelines for the project to strengthen gender equity capacities among the indigenous population, published in September 2009.

61. Consultation activities have included forums for establishing the PND, PROIGUALDAD and other sector programmes, such as those sponsored by the National Centre for Gender Equity and Reproductive Health (CNEGSR). Also noteworthy are the Government Policy Commission on Human Rights^[43] and the national forums on civil society participation in the IMEFs. INMUJERES and a number of IMEFs also have advisory and social councils representing civil society. CSOs have participated in amending official standards on breast cancer and on violence against women, and are invited participants in the National Committee on Women's Cancers and in the Interagency Group on Reproductive Health.

62. In terms of networking, INMUJERES established the "National Network for Living without Violence”, and the ISSSTE is sponsoring a network on prevention and treatment of violence against women. The Interagency Roundtable on Gender and Migration is working to install a national network of support, assistance and guidance for female migrants, through the creation of state networks (of which there were five as of August 2010).

63. At the state level, there are mechanisms to encourage dialogue and cooperation with CSOs and the IMEFs, such as the collaboration agreements signed in the states of Mexico, Guerrero and San Luis Potosi. Financing has been provided in Guanajuato and the DF, and in Veracruz these organizations provide advisory services.

IV. Article 4

64. This section also covers General Recommendation 25 of the Committee and recommendation 23 from the Committee's concluding observations.

65. On the legislative front, the LGIMH takes up the definition from article 4 of the Convention on temporary special measures (TSMs), defining the concept of affirmative action and providing that the federal government must guarantee equality of opportunities, among other things, by adopting actions of this kind. The seven strategic objectives of PROIGUALDAD include lines of action to promote the adoption of special measures to correct inequalities in various areas

66. As TSMs intended to promote the creation or strengthening of national mechanisms and other government bodies for gender equality and women's autonomy, the current administration has channelled significant federal budget resources to those bodies; between 2008 and 2010 expenditure earmarked for women increased by 41.3% in real terms, from 7,024.8 million pesos in 2008 to 10,920.7 million pesos in 2010 (US$575.8 million and US$862.6 million respectively) (see chapters II and III).

67. Other examples of TSMs, which also respect the fifth Millennium Development Goal of reducing maternal mortality, are to be found in the health sector. TSMs in education include programmes of scholarships for women in specific situations, such as those for young mothers and young pregnant women (PROMAJOVEN) and scholarships for girls who are living in poverty or are members of indigenous groups, granted through the Oportunidades (“Opportunities”) Human Development Programme (also known as the PDHO). Detailed information on TSMs relating to maternal mortality is provided in chapters XII and XIV of this report, and information on scholarship programmes in chapters X and XIV. Chapter XIV also includes information on various programmes to give rural and indigenous women access to farm credit and loans.

68. In terms of political participation, the Federal Code of Electoral Institutions and Procedures (COFIPE) has been amended to increase the gender quota (60/40) and to earmark 2% of regular public financing for political parties to be used for training, promoting and developing female political leadership. Elections legislation in 29 states has been reformed as well. SEDENA has developed a project for legislative harmonization from a gender perspective^[44], which involves measures such as establishing exclusively female positions so that women can enter the armed forces on the basis of equality with men and can pursue a military career and have access to high-level jobs, among other initiatives to reform the Mexican Army and Air Force Organization Act and the law governing promotions in the armed forces (see Chapter VII).

V. Article 5

69. Pursuant to General Recommendations 3, 12 and 19 and recommendation 15 from the Committee's concluding observations, this chapter reports on measures adopted to change social and cultural patterns that foster gender discrimination.

A. Legal framework

70. The Political Constitution of the United Mexican States enshrines the elimination of discrimination and the promotion of equal opportunities between women and men, a mandate that has been strengthened through a legal and institutional framework.

71. The LGAMVLV and the LGIMH provide that the Mexican State must work to eradicate violent and discriminatory behaviour as a function of gender; the General Education Act provides that the instruction provided by the State must, among other things, be geared to combating prejudices, stereotypes, discrimination and violence, especially against women and children^[45] (see Chapter II).

72. The PND provides for strategies to eliminate stereotyped conduct and to create a new culture that, starting with family life, will place the same value on women and men, through activities of outreach and education and combating violence.

73. PROIGUALDAD and the National Human Rights Programme (PNDH) include specific lines of action for eliminating sexist and discriminatory stereotypes in the federal public administration, conducting information and outreach campaigns, applying teaching methods that promote tolerance and reject gender violence, and proposing legislative amendments to avoid resort to stereotypes, stigmas and prejudices of any kind.

B. Action in the education field

74. Since 2008 the SEP has analyzed 102 primary school textbooks from the gender perspective, to propose changes to messages that would reinforce any type of violence or discrimination^[46]. In coordination with the Gender Studies Programme (PUEG) of the National Autonomous University of Mexico (UNAM), it prepared a book entitled "Gender Equality and the Prevention of Violence in Preschool"; using this material it has sensitized teachers at this level in 10 states. It is currently preparing a version for teachers in primary school.

75. For secondary schools the Ministry has developed: (1) a project entitled "opening schools to equity", implemented in 500 schools of five states; (2) a competition dealing with the theme "equity and respect" that reached 28,000 teenagers in 800 schools of 21 states, and (3) a project entitled "Equality and Respect, everyday duties", which was awarded the UNICEF “Huellas” prize for the

best integrated campaign concerning violence against children^[47] and "Education makes the difference" capsules. In April 2010 the National Report on Gender Violence in Basic Education in Mexico was presented, showing among other things that gender stereotypes are more deeply rooted among boys than girls.^[48]

76. Through its programme for training the teaching body in preventing violence against women (PREVIOLEM) the SEP reached 55,258 teachers from the country's 32 federated entities in 2009.

C. The media and awareness campaigns

77. Since 2009 the SEGOB has been monitoring images and messages that foster sexist stereotypes in campaigns of the federal government^[49]. INMUJERES has had its Communications Media Observatory in place since 2003, and since 2008 it has held three sessions of the International Seminar on Media Responsibility for Eradicating Violence against Women and Girls.

78. Between 2006 and 2010 there were national campaigns dealing with such themes as "life without violence", "one day can change your life", "human rights of women", "men against violence” (2008 and 2009), "equality and respect is an everyday task”, “Education makes the difference," "we women say this so that everyone will know it", and "living without violence is a right".

79. INMUJERES and CNDH developed a campaign entitled "What Are Your Human Rights?", using vehicle-mounted loudspeakers to convey messages on gender equality in nine indigenous languages and variants, while the Mexican Radio Institute (IMER) broadcast spots to encourage full exercise of all women's rights.^[50]

80. Through the nationally-circulated monthly supplement TODAS, the Mexican government provides information on progress in gender equality and mainstreaming. CONAPRED, INMUJERES and the Ministry of Labour and Social Security (STPS) distributed a brochure with 10 recommendations for the use of non-sexist language, and INMUJERES published the collection Mi familia, tu familia...¡nuestras familias! ("My family, your family, our families!”) to promote models of respectful and egalitarian family relationships.

81. The PJF is working to sensitize its own personnel and the general public to the negative impact that gender stereotypes can have on access to justice, through essay writing, reporting and documentary competitions on "Gender and Justice", messages on the radio programme “En la balanza... voces de la Corte” ("Weighed in the balance: voices of the court"), the monthly Gender and Justice bulletin, and TV programmes of the TEPJF series “Entre argumentos”^[51].

82. Information on stereotypes was gathered through a national survey on the dynamics of family relations (ENDIREH) in 2003 and 2006, a survey of young women's spousal relationships in 2006, a survey on violence among senior secondary students in 2006, and a national survey on violence in non-marital relations. That information was useful for designing public actions and policies in favour of women.

VI. Article 6

83. This chapter reports on the status of implementation of General Recommendation 19 and recommendations 15, 25 and 27 from the Committee's concluding observations, aimed at eliminating all forms of trafficking and exploitation of the prostitution of women.

A. Legislative and institutional framework

84. The Mexican Constitution prohibits slavery and various forms of exploitation. Accordingly, the PND strategy pays particular attention to vulnerable groups and calls for enforcing international instruments to combat modern versions of slavery that violate human rights. PROIGUALDAD and PNDH also include lines of action to encourage reporting of this crime, to develop mechanisms for identifying and treating possible victims of trafficking, to conduct a national study on forms of trafficking, to sponsor outreach and awareness campaigns, and to harmonize state legislation with international instruments.

85. Consistent with the commitments flowing from the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and other international provisions, the Act to Prevent and Punish Trafficking in Persons (LPSTP) was published in November 2007, and regulations were issued in February 2009 covering federal jurisdiction^[52] (recognizing that each federative entity has competence to prosecute this crime).^[53]

86. Pursuant to its provisions, in July 2009 the Interagency Commission to Prevent and Punish Trafficking in Persons (CIPSTP) was instituted, covering 10 departments and entities of the FPA and seven invited bodies; the CNDH, civil society organizations and academics also participate^[54]. This commission created the Advisory Subcommission which prepared a draft of the National Programme to Prevent and Punish Trafficking in Persons, now at the final stage of review. Among other things, it calls for amending the criminal code with respect to crimes related to human trafficking in order to facilitate the adjustment of state laws to the federal Act.

87. The Federal Act on Asset Forfeiture (Ley Federal de Extinción de Dominio) was published in May 2009: it provides for the confiscation of assets related to the crime of human trafficking and other offences, and provides that the resources so obtained shall go into a trust fund to pay damages and provide support to victims. In March 2008 the asset forfeiture act for the Federal District was approved, under which 33 forfeiture procedures have been executed, 10 of them relating to the crime of trafficking in persons. ^[55]

88. August 2010 saw publication of a decree amending the federal criminal code to make pederasty a crime, providing penalties of 9 to 18 years' imprisonment and a fine of 750 to 2,250 times the daily minimum wage on any person who, taking advantage of any degree of family relationship or an educational, religious, occupational, medical, cultural, domestic or other relationship, induces or persuades a juvenile to engage in any sexual act, with or without his or her consent. It provides for disqualification, dismissal or suspension of public servants or professionals who commit this crime in the exercise of their functions; loss of custodial power for parents and guardians; a prison sentence and a fine for anyone who fails to inform the competent authority or who shields the perpetrator. The public prosecutor will be obliged to seek the necessary expert opinions to determine damage to the victim, and the State will guarantee any medical, psychological or specialized care the victim may require if the convicted perpetrator refuses or is unable to guarantee such service. Persons convicted of this crime may not be granted parole.

89. Within the PGR^[56] FEVIMTRA, the Office of special investigations into organized crime (SIEDO) and the Special Unit for dealing with crimes committed abroad (UEDE) are specialized prosecution units empowered to pursue the crimes stipulated in the LPSTP. Between 2008 and 2010, 359 million pesos (US$29.9 million) was allocated to law enforcement work relating to offences under federal jurisdiction and to organized crime, including the prosecution of human trafficking. As well, the cyber-crime unit of the Federal Police, which comes under the SSP, takes action to identify, locate and neutralize organizations or individuals that commit crimes using computer systems and equipment, as well as illicit acts against juveniles, both within Mexico and abroad, when they have effects in Mexico. In February 2010 the Chamber of Deputies established a special committee to combat human trafficking in the country: among other functions, it monitors the actions of officials in combating this crime.

B. Institutional progress

90. As of June 2010, FEVIMTRA had opened 443 preliminary inquiries into crimes involving violence against women, of which 63 had to do with human trafficking (see Annexes 6.1 and 6.2). In April 2010 the third district judge of Tapachula, Chiapas, issued the first federal conviction for human trafficking for purposes of labour exploitation, a significant achievement in light of the recent definition of the crime and the time involved in criminal proceedings.

91. In its work, FEVIMTRA follows a model and a protocol of comprehensive care for victims of human trafficking, guaranteeing the support and security needed to encourage reporting of this crime (see Annex III, section B). A special shelter was set up in 2008 to provide comprehensive care and protection to trafficking victims^[57]. As of 2009 it had assisted 44 female victims of trafficking, of whom 18 had requested a preliminary inquiry by FEVIMTRA and five were directed to SIEDO.

92. The National Migrations Institute (INM), through its 32 interagency committees for victims of human trafficking, established in each state, provides migration assistance, care, protection and guidance for potential victims of human trafficking. It has created the position of Child Protection Officer (OPIS), it has trained its staff and has established means of reporting (telephone hotline, e-mail, questionnaires) that have served to identify 98 possible victims of human trafficking since 2005. Of those, 59 were identified between September 2008 and June 2009. December 2008 saw the inauguration of the False Documents Analysis Laboratory, which has reinforced control and regulation associated with human trafficking.

93. The CNDH has had an anti-trafficking programme since 2008, through which it conducts training and awareness raising activities targeted as well at indigenous communities, and prepares information documents to encourage reporting of this crime^[58]. As part of its activities, it has established 10 regional anti-trafficking committees to monitor action by the authorities in this area, and they have been consolidated into a national observatory on human trafficking.

94. The SCJN, the office of the general coordinator of the gender equity programme of the PJF, and CONAPRED are conducting a series of “cine-debates” to publicize and raise awareness about the issue of human trafficking.

95. With respect to the protection of migrants, the amendment to the General Population Act came into force in July 2008, decriminalizing undocumented migration. Since 2003 the INM has had a programme to upgrade immigration stations, and the SEGOB is coordinating an interagency roundtable for monitoring the National Human Rights Programme, which contains a subprogram for migrants, and a roundtable for interagency dialogue on unaccompanied children and adolescents and migrant women. The Ministry of Communications and Transport (SCT) has designed a project to encourage the use of information and communication technologies by migrant women and their families as a way of avoiding social isolation for geographic, educational, economic and cultural reasons.

1. Constructing databases

96. Following meetings of the National Conference on Law Enforcement, FEVIMTRA is constructing a national database on human trafficking and related crimes, involving participation by 18 states. The results show that women are the most frequent victims of such crimes, especially those linked to sexual exploitation, and this has facilitated investigations and the detection of high-risk geographic areas (see Annex III, section C). In May 2010 the Chamber of Deputies urged CIPSTP to create a database on human trafficking.

2. Awareness and training

97. Pursuant to the LFPSTP and the National Programme to Promote Human Rights, the SSP, SSA, SEP, SCT, FEVIMTRA, SRE, Ministry of Tourism (SECTUR), INM, INMUJERES and the National System for Integral Development of the Family (SNDIF) have conducted awareness and training activities for their personnel. Of particular interest is the strategy to prevent human trafficking and gender violence among indigenous women, which FEVIMTRA conducted on a pilot basis in Veracruz.

3. Campaigns

98. The "Blue Heart Campaign" was introduced in April 2010, sponsored by the United Nations Office on Drugs and Crime (UNODC). Mexico served as a platform for launching the campaign in Latin America and was the first country to take it up internally, through a working group in the CIPSTP. As well, through its press outreach programme, FEVIMTRA distributed materials on gender violence and human trafficking, in cooperation with 12 federal ministries.

4. Studies

99. In 2008 the Latin American Social Sciences Faculty undertook research into the domestic forms of human trafficking, and this has been used by FEVIMTRA in its investigations. In 2009 FEVIMTRA conducted two studies on the characteristics of victims and the probable perpetrators of the crime, using information provided by the states.^[59]

100. CONAPRED published a report on sex workers in Merced, Tlalpan and Sullivan, analyzing the matter from the viewpoint of the right to non-discrimination. Two publications were produced for the attention of legislators, dealing with (1) human trafficking for the sexual exploitation of women and girls as a topic of public policies in Mexico and other countries and (2) various aspects of human trafficking in Mexico and the present and potential threat they pose for women, children and adolescents.

101. The dedicated work of civil society organizations in caring for female victims of violence and trafficking has helped to place the issue squarely on the national agenda. In this respect, particular attention is drawn to the activities of the Coalition against Trafficking in Women in Latin America and the Caribbean and the Integral Care Centre for Abused Women (CIAM), which have also conducted research documenting the testimony of girls and women victimized by sexual exploitation, the ways in which traffickers operate, and their links to certain sectors of society.

C. Measures to combat exploitation of women and girls for purposes of prostitution and pornography

102. Every state has criminalized sexual exploitation as an offence connected to trafficking in persons, and the penalties vary considerably (see Annex III). The governments of Colima, Durango, Mexico State, Puebla, Quintana Roo, San Luis Potosí, Sinaloa and Veracruz, in particular, have made efforts in this matter (see Annex XIII).

103. The DF has legal, institutional and budgetary rules to support the prevention of human trafficking and related crimes and to care for victims. In 2009 it created an interagency commission to prevent and eradicate human trafficking, sexual abuse and the commercial sexual exploitation of children, as well as a specialized agency for the crimes of trafficking in persons. In February 2010 it created an interdisciplinary group on trafficking in persons, which is working on the design of a care model for victims of human trafficking in the DF. As well, it has instituted a telephone hotline and an Internet micro-site to disseminate information in this matter, and it has trained 1,469 members of its ministerial, research and police personnel.

104. Awareness and information campaigns to prevent human trafficking have been conducted in collaboration with a number of civil society organizations. The Support Fund for the Victims of Crime provides financial resources for female victims of sexual violence, and since 2004, again in coordination with various institutions and CSOs, funding has been provided to the “Casa Xochiquetzal”, a shelter for elderly former sex workers living in the street.

105. The DF conducts constant inspections of hotels in the city in order to detect victims of sexual crimes. As of July 2010 the Superior Court of Justice of the DF had handed down two convictions for trafficking in persons. It is currently working to establish a high-security shelter for women and girls who are victims of trafficking and commercial sexual exploitation, and it is evaluating the possible issuance of a gender violence warning in two districts (Delegaciones) of Mexico City.

106. At the federal level, the SNDIF has a national action plan for the prevention and eradication of commercial sexual exploitation of children CSEC. This is being implemented through the National Coordination Office to prevent, treat and eradicate CSEC, and through action plans of the state DIF systems. As of December 2009, care had been provided for 517,654 victims of CSEC through the Programme for the Protection and Integral Development of Children.

VII. Article 7

107. In response to General Recommendation 23, recommendation 29 from the Committee's concluding observations, and article 4 of the Convention, this section reports on women's participation in public and political life. With respect to the gender empowerment measure, Mexico ranks 39^th among 109 countries^[60], and within the region it ranks 14th of 36^[61], as measured by the percentage of women in the principal legislative body. There has been a slight increase in women's representation in elected positions^[62] as well as in governmental departments (Subsecretarías de Estado), while the proportion of women holding ministerial office^[63] or governorships remained the same (15.8% and 6.3% respectively) (see Annex IV).

108. Although women predominate at the middle management and operating levels, parity is still a challenge. In the ministries they represent 33.6%^[64], while in the Senate they account for 21.4% and in the Chamber of Deputies 27.2%. At the state level, they represent 22.1% of local deputies, 32.6% of municipal councillors, 17.6% of trustees, but only 6% of municipal presidents. For the July 2010 elections in 15 states, 19.4% of the 36 candidates^[65] were women. As well, women constitute 51.74% of the voters list, and they increased their participation as polling station presidents (see Annex IV).

109. In the judiciary, two of the 11 judges of the SCJN are women. In May 2010 the CJF had 88 female judges, 272 male judges, 126 female magistrates and 577 male magistrates; it had no woman serving as Consejera (counsel). For the first time the Elections Tribunal of the Federal Judiciary (TDP) has a female president^[66] (since 2007); two of its five regional chambers are headed by women, and women represent 31.8% of all electoral magistrates (see Annex IV).

A. Legal and institutional framework

110. The LGIMH calls for balanced political participation and representation without gender discrimination in the taking of political and socioeconomic decisions. Consequently, PROIGUALDAD promotes the empowerment of women and their participation and representation in decision-making areas of the State.

111. The following were approved in 2008: the reform to COFIPE ^[67] which, among other things, increases the gender quota to 60/40 for candidates^[68]; the regulations for the audit of national political party funds, to verify observance of the rule whereby 2% of public funding for parties is to go to training and development of female political leaders^[69]; the General Instruction of the Federal Electoral Institute (IFP) on criteria for candidates in 2008-2009; and reform of the constitution of the State of Oaxaca^[70] (see Annex IV).

112. Electoral legislation in 29 states was also reformed between 2008 and 2010. In June 2010, the gender quota stood at parity (50/50) in eight states: 5 in terms of the principles of relative majority (RM)^[71] and proportional representation (PR)^[72], and 3 only in terms of proportional representation; 60/40 in eight states, in terms of both principles and one in terms of PR; 70/30 under both principles in nine states, one under PR and one under RM; another state has a ratio of 25/75 under both principles. Only three states are still governed by an unfavourable system (see Annex IV).

113. In 2009 CONAPRED urged the parties to meet the gender quota and, following the agreement signed in 2007 with the Ministry of the Public Service (SFP), a policy was announced^[73] to ensure conditions of equality in competitions for the professional career service. In 2009 INMUJERES signed equality undertakings with TEPJF and IFE. The latter institution has adopted a policy statement of nondiscrimination, it has incorporated the principle of equality and non-discrimination in the Statute of the Elections Professional Service and Personnel, and it has established Web portals on women's political participation^[74]; gender and democracy: generating equity in the electoral process 2008-2009^[75]; and a "citizen's page" (Espacio Ciudadano)^[76]. The TEPJF, the highest jurisdictional body in electoral justice, has issued 18 rulings^[77] on women's political rights and gender equity, and it created a micro-site on "electoral justice with gender equality".^[78]

114. Since 2008 SEDENA has been filling positions without distinction as to sex, consistent with the military laws and regulations^[79], and it has pursued a project for regulatory harmonization with a gender perspective^[80] which fosters equality of opportunities in recruitment and career development, promoted as well in the initiatives to amend the Mexican Army and Air Force Organization Act and the Act on Promotions in the Armed Forces (see Annex IV and Chapter X).

1. Strategic Platform for Political Equity

115. The Strategic Platform for Political Equity^[81], instituted in 2008, promotes a democratic culture and the empowerment and representation of women in decision-making spheres; it consists of interagency and civic observatory for promoting and defending women's political rights, comprising two councils^[82] ; a training programme for female leaders; the Web portal on "political advancement of women"^[83]; and a network for promoting and defending women's political rights. In the run-up to the 2009 elections, INMUJERES signed a "Commitment to the women of Mexico" with four of the eight political parties^[84] (see Annex IV, section D). At the state level, Durango is considering such a platform; Chihuahua and Nuevo Leon established a civic observatory during the 2009 electoral process, and in that year Quintana Roo signed to the Political Commitment to Women with all political parties registered in that state for the July 2010 elections.

2. Promoting women's participation and appointment to office

116. Between 2006 and 2009 the IFE conducted 2,809 electoral politics courses, at which 57.54% of participants were women (see Annex IV, section D.); since 2007 it has sponsored campaigns, radio and TV spots, and national competitions. In addition, the Education Model for Equitable Participation^[85] mainstreams the gender focus and draws on the experience with the Education Programme for Democratic Participation 2008-2009, in which women accounted for 79.65% of participants in 300 workshops that reached more than 6.5 million people in 1,286 municipios^[86] ; the platform for the programme is the Education Model for Democratic Participation, which has been applied since 2008 through the CSO Support Programme^[87] of IFE (see Annex IV, section F).

117. Between 2006 and 2010 the PROEQUIDAD Fund of INMUJERES provided 9.2 million pesos (US$757,000) in funding to 41 CSO projects on women's empowerment and leadership in 16 states. Notable programmes include one to promote women's political participation in Guerrero, and one to promote women's human rights in the Federal District (see chapters I to III and Annex IV, section F).

118. Access to decision-making positions. The Mexican Standard for Occupational Equality between Women and Men^[88] (NMILMH) has come into force; the GEM 2003 continues to promote equality in hiring and promotion policies; and the programmes for equal opportunities between women and men of SEDENA (2008-2012), SEMAR (2009-2012) and SEGOB (2009-2012) provide for non-discrimination in promotion and recruitment. Pursuant to objective 6 of the PCIAPF, "vertical and horizontal promotion", institutions have included at least one action in their plans (see Annex XII and chapters II, III and XI). Under the programme to recruit female personnel in the Mexican Army and Air Force, launched in 2007, 3,941 women had been recruited as of June 2010, a figure more than 70% higher than that recorded six years earlier (see Annex XI).

119. Annexes XII and XIII present other activities^[89] targeted at the general population, at FPA personnel, at local governments, municipal councillors, judges, members of political parties, etc. Some of these are being pursued in the framework of the PAIMEF and the now-named PETPEG.^[90]

B. Participation in civil society organizations

120. Men are still the majority in many associations^[91]. The narrowest gap is to be found in welfare institutions, while labour unions betray the widest gap. The National Survey on Political Culture and Civic Practices 2008 (ENCUP 2008) shows that 34.4% of women 18 years and older have participated in some organization^[92]. In August 2009, the Federal Register of Civil Society Organizations had 10,124 registered organizations^[93], and of a total of 16,059 legal representatives registered 6,587 were women and 9,742 were men. Pursuant to the Act to Promote CSO Activities, a Technical Advisory Council was created: in June 2010, 10 of the 17 members of the council were women. In addition, the DF has a CSO registry, with a directory of those benefiting women.

121. In April 2010, there were 98 political groupings registered with the IFE; of these, 18.36% are headed by women and 12.24% have a female general secretary. Women account for 5.3% of general secretaries in all associations registered by the STPS^[94]. See also Chapter III on linkages with CSOs.

VIII. Article 8

122. In response to recommendation 29 from the Committee's concluding observations and article 7 with respect to women's participation in the foreign service and internationally, PROIGUALDAD is encouraging Mexican women’s participation in decision-making positions within international agencies, and the promotion of equality between women and men as well as the gender focus in international and regional mechanisms, agencies and forums.

123. Since December 2006 the SRE has been headed by a woman, and she has been promoting the actions called for in the draft Programme of Equality between Women and Men of that ministry. The results of a diagnosis on the gender situation of personnel within the national territory and in the Mexican Foreign Service (SEM) are considered for that purpose.

124. The Mexican Foreign Service Act establishes forms of entry and promotion for the diplomatic-consular and technical-administrative branches. These processes are based on equality of opportunities for personnel^[95]and entry through public competition^[96]; the initial assessment is performed by educational institutions, without revealing the person's identity. Promotions are awarded through open competition and performance appraisals. In the last five years, approximately 40% of new entries to the SEM were women. Increasing the number of women participating in the SEM entry process is a challenge that must be addressed for the sake of parity.

125. Of the 901 SEM members accredited abroad^[97], 40% are women; the greatest percentage is concentrated in the middle and lower levels, and the lowest percentage in the highest positions. In 2010, of the 145 Mexican representation offices abroad^[98], 21 were headed by women, 108 by men, and in 16 the top positions were vacant.^[99]

126. In Mexico the SEM has 266 members, 39.1% of whom are women. There is a disparity in the overall proportion of diplomatic personnel – one woman for every two men – but of every 10 female diplomats one is an ambassador, the same proportion as for men. In the technical-administrative branch, women are still in the majority in the highest ranks^[100], although from 2006 to 2010 their percentage declined from 62% to 59%. In the diplomatic-consular branch, the proportion of women rose from 27% in 2006 to 30% in 2010 (see Annex V).

127. Of the 396 Mexican citizens working in international agencies^[101], 229 are women. The most senior position is held by a woman; in senior management posts^[102] there are eight women and nine men; in the professional, general services and languages areas, women occupy 220 positions and men 158. Among the positions held by Mexican women are: Executive Secretary of the United Nations Economic Commission for Latin America and the Caribbean (ECLAC), the Executive Secretary of the Inter-American Commission of Women (CIM) of the Organization of American States (OAS), and the Deputy Director General of Social and Human Sciences of the United Nations Educational, Scientific and Cultural Organization (UNESCO).

IX. Article 9

128. There have been no new developments to report during this period.

X. Article 10

129. In Mexico the educational characteristics of the population differ by sex, age and place of residence. In most cases, and particularly in rural locations, women find themselves in a less favourable situation. In 2009, the proportion of the female population 15 years and older who were illiterate was greater than among the male population. Of every 100 women, eight could not read or write, while among men the proportion was five in every 100. Chiapas has the highest female illiteracy rate, at 21.8%, and the greatest gender differential: the male illiteracy rate is 12.6%^[103] (see Annex 10.1).

130. In the 2009-2010 academic year, 89.3% of male students and 84.7% of female students in upper secondary school were enrolled in academic programmes (baccalaureate), while the proportions in vocational and technical education were 10.6% and 8.5% respectively. More males than females go on to upper secondary education immediately after secondary school.

131. There has been a significant increase in the proportion of females in upper secondary and higher education, narrowing the gender divide at those levels. Women's participation has in fact exceeded that of men, although there is still considerable segregation by careers. In 2010, half of students enrolled in higher education were women (see Annex VI). In the National System of Researchers, women accounted for 33% of candidates at all three levels in 2009 (see Annex XI). Nevertheless, this increase in women's participation in education does not reflect women's economic participation rate which, in 2010, stood at 42% (see Chapter XI).

132. The school completion rate, on the other hand, shows that once women have entered a specific educational level, they are more likely than men to complete it successfully and on time. As they move through the successive levels of schooling, the completion rate declines considerably but the gender differential increases^[104].

133. In 2009 the dropout rate in primary school was 1.2% for males and 0.8% for females. In indigenous communities the dropout rate in primary school is 2.3% for girls and boys alike. At the secondary level, the dropout rate is higher: 7.6% for males and 5.2% for females (see Annex VI, section C.).

A. Education policy and budgets

134. Consistent with the PND, the objectives and strategies of the Education Sector Programme 2007-2012 and PROIGUALDAD include reducing gender inequalities in educational opportunities. To this end, the SEP received an earmarked budget of 768.3 million pesos^[105] (US$64.1 million) between 2008 and 2010, in addition to funding for scientific, technological and innovation activities from the National Science and Technology Council (CONACYT) (see Annex VI, section D.).

B. Literacy

135. There are more women than men registered in the National Adult Education Institute (INEA), and a greater percentage of women are completing their literacy studies (primary and secondary). In 2008 the INEA provided literacy training for 106,000 adults (74% of them women); 187,000 adults (63% women) completed the primary level and 374,000 (56% women) the secondary level. In 2009, 65% of persons enrolled were women. In Chiapas, women represented 86% of adults completing literacy training (six times more than men). In 2010 the INEA is serving 2.4 million young people and adults (66% women).

C. Education scholarships and bursaries

136. As an affirmative action measure, scholarships for women have increased in number and amount, and new programmes have been established for women in specific situations. In basic education, the SEP has been offering a programme of scholarships to young mothers and young pregnant women (PROMAJOVEN) since 2005: in 2008 it served 3,754 women. For 2009, scholarships were awarded to 7,643 females and, in 2010, to 8,747 (see Annex VI, section E).

137. The amounts of the scholarships granted through the Human Development Opportunities Programme^[106] following secondary school are greater for women, and their distribution is nearly equal among the men and women, reflecting the growing participation of girls in education. In 2008 and 2009 more than 50% of beneficiaries were women. For 2010, there were expected to be 2.62 million female scholarship recipients, up from the previous academic year under all headings. The short-term impacts of the scholarships on employment for juveniles and young people in urban zones show that the programme reduced the percentage of working girls between 15 and 18 years of age by 11% in the first year. Both rural and urban areas have seen an increase in the educational levels of boys and girls.

138. The number of scholarships granted through the National Programme of Scholarships for Higher Education (PRONABES) has increased by a factor of seven since its creation in 2002, from just over 44,000 to 300,000. For 2010, nearly 60% of scholarship holders are women^[107] (see Annex VI, section F, and Annex XI). The "Leave with Scholarship" programme of the UNAM provides economic support to pregnant postgraduate students.

139. In order to reverse career feminization, the SEP has offered since 2009 a higher education scholarship programme for female students in engineering, technology and physical-mathematical sciences. The National System for Higher Technological Education has invited applications from female graduates in these areas to pursue or complete postgraduate studies or to engage in scientific and technological research.

D. Other actions in higher education

140. The commitment to reverse the feminization of careers was confirmed in 2009 at the National Meeting of Public Universities, the theme for which was "paths to gender equity in higher education institutions." As well, INMUJERES and the Centre for Research and Advanced Studies (CINVESTAV) undertook a study on "educational aspects and gender: intervention models for improving learning capacities in mathematics".

141. In 2009, the SEP invited the submission of proposals for research with a gender perspective, as a result of which it supported 25 projects from 23 higher education institutions. As well, the UNAM created the Special Gender Equity Commission in April 2010; it also amended its General Statute and prepared its Development Plan 2008-2011, incorporating the gender perspective.

142. Access and equal opportunities for women in the military. In 2008 female applicants were accepted for the first time in the Naval Academy and the Naval Engineering School. Women have also joined the Military College, the Superior War School, the Military Engineering School and the Air College, as well as 11 of the other 39 military establishments: this prepares them to reach the rank of Major General (General de División), the highest rank in the country's Armed Forces (see Annex XI).

E. Interagency coordination

143. In line with the commitments contained in PROIGUALDAD, INMUJERES, the SEP and other educational bodies have pursued various interagency activities, including four special training sessions in gender and education, creation of an educational network for equality (in which education ministries of the 32 federative entities participate), and an interagency group for monitoring equality between women and men in the education sector. In addition, INMUJERES and SEP have signed a cooperation agreement to include the gender perspective in activities and projects of the National Education System.

144. For the eradication of social and cultural stereotypes, see Chapter V. For actions in rural and indigenous areas, see Chapter XIV, and for sports-related issues see Chapter XIII.

XI. Article 11

145. This section addresses women's rights in the employment area, in light of General Recommendations 5, 12, 13, 16 to 19 and 25, and responds to recommendation 31 from the Committee's concluding observations. Annex VII summarizes existing rules and regulations concerning the rights enshrined in this article.

A. Basic indicators on employment

146. According to the National Occupation and Employment Survey (ENOE) for the second quarter of 2008, the female economic participation rate was 42%, and the male rate was 78.3%; for 2010, those rates were 42.5% and 77.6% respectively. The results of the survey for the second quarter of 2010 show that 80% of women working are in the tertiary sector, 15.6% in the secondary and 3.7% in the primary. The average of weekly hours worked by men in the labour market was 45.2 hours, and for women it was 37.4. In terms of their working situations, only 2.4% of women were employers (6.1% of men). In those same three months, average income per hour worked was 30.30 pesos for men (US$2.20) and 29 pesos for women (US$2.17); the Annex to recommendation 37 contains indicators of gender differentials in remuneration and income for the period 2005-2010. Among the over-60 age group in 2000, the retirement rate was 18.1% for men and 5.5% for women, and in 2009 the rates were 51.5% and 9.7% respectively.

147. Paid domestic work. The results of the 2009 ENOE survey show that 1,938,274 people were working as domestics, and 91.9% of them were women. Differentials with men in this sector are very pronounced: 74.5% of female domestic workers receive less than two minimum wages, while only 48.5% of men are earning at that level. Only 5% of women earn more than three minimum wages, while 19.2% of men are in that category. 31.9% of all domestic employees work from 15 to 34 hours a week; 27.5% for 40 to 48 hours; 15.9% less than 15 hours; and 15.7% work 49 hours or more in the week.

148. Although the female participation rate in the workforce has risen in recent decades, it is still below the male rate, for a number of reasons, including directly or indirectly discriminatory hiring practices, pay differentials, problems of labour mobility and promotion, inflexible working conditions, inadequate day-care services for children and older or ill dependents, and the unequal distribution of household chores (in 2010 the participation rate in domestic chores is estimated at 86% for women and 51% for men).

149. With respect to recommendation 31 from the Committee's concluding observations, the federal government unveiled in March 2010 an initiative to reform various provisions of the Federal Labour Act (LFT), designed to secure the objectives of the Labour and Social Security Programme 2007-2012. This initiative would prohibit employers from requiring pregnancy tests^[108]; it would punish violators of women's labour rights, including in the maquiladora industries; and it would strengthen the inspection and enforcement powers of the labour authorities, such as the Federal Labour Inspection Directorate (DGIFT) of the STPS. It would also make it illegal to engage in, permit or tolerate sexual harassment, it would legalize the practice of awarding weeks of pre- and postnatal leave for female workers, and it would establish new rules for breast-feeding breaks.

150. Although no comprehensive labour reform has been approved, there have been significant steps toward fulfilling Mexico's international commitments in this matter: the LFPED (2003), the LGAMVLV (2007), the LGIMH (2006), the NMILMH (2009), the PNDH (2008), and the intervention protocol for cases of sexual harassment (2010) (see Annex VII, section A).

151. In 2010 the STPS launched a process of consultation on possible ratification of the 1981 ILO Convention No. 156 on workers with family responsibilities. A number of institutions have also approved paternal leave: these include the National Communal Lands Development Trust Fund ((FIFONAFE) (1990), the Human Rights Commission of the Federal District (CDHDF) (2008), INMUJERES (2008), TEPJF (2010), SEGOB (2010) and the IFE (2010).

152. In a move to strengthen the work of the DGIFT, there has been a 72% increase (from 218 in 2006 to 376 in 2010) in the number of federal labour inspectors responsible for enforcing labour regulations in businesses subject to federal labour jurisdiction. Consistent with the LFT, the maquiladora industry is not included in the list of industrial sectors that fall under federal labour authority. From 2006 until June 2010, there were 150,449 inspections conducted: these included general inspections of working, safety and hygiene conditions, and special inspections of premises containing pressure vessels and boilers, covering the conditions under which women provide services while pregnant or breast-feeding (see Annex VII, section B).

153. To promote decent work and equality of opportunities, the STPS sponsored formulation of the NMILMH, in effect since June 2009, as a voluntary legal instrument for certifying firms that apply good labour practices in terms of equality and non-discrimination, social welfare, a suitable working climate, accessibility and ergonomics, and freedom to join a union. That Standard establishes three critical points that must be met to obtain certification: use of non-sexist, non-discriminatory language in vacancy notices; no requirement for a pregnancy or HIV/AIDS test as a precondition of hiring; and the presence of mechanisms to prevent, address and punish occupational violence. The Standard grants additional points to organizations that apply the criterion of "comparable value" for broadening the principle of equal pay for equal work to embrace equal pay for work of equal value. For more effective applicability there is a technical assistant available for the online self-diagnosis of organizations and an e-learning course on occupational equality. As of January 2010, nine organizations with 689 branches had obtained certification, benefiting a total of 16,432 persons (49% of them women).

154. The STPS also pursues a policy for occupational equality in the following priority areas: promotion of decent work, training for women, combating discrimination and all forms of violence, fostering balance and shared responsibility in workplace and domestic tasks, enjoyment of social benefits, especially child care services, equal treatment in social security systems, valuing domestic work, and preventing and eradicating all forms of labour exploitation of girls under 14 years, with observance of restrictions on the employment of girls from 14 to 16 years of age. In coordination with INMUJERES, it is working together with the labour unions and business chambers to encourage an egalitarian working culture free of violence, and to include the gender perspective in occupational opportunities for indigenous people, to sponsor occupational training for prison inmates, former inmates and their relatives; decent work for young people, and prevention of child labour; employment for older persons, persons with disabilities and persons living with HIV/AIDS. With the Ministry of Economy (SE) it is collaborating in the training of female entrepreneurs, and in improving women's efforts to create, develop and consolidate a business.

155. To foster labour practices with a gender perspective, the STPS grants recognition as a "family-friendly business" (Empresa Familiarmente Responsable) to firms that implement policies to reconcile work and family life, to promote equal opportunities, and to combat workplace violence and sexual harassment. Between 2006 and 2009, this distinction was awarded to 217 businesses with a total of 206,707 employees (30.3% of them women). In the same vein, since 2003 INMUJERES has been implementing the GEM, which encourages private, public and social organizations to revise their internal policies and practices so as to reorganize and redefine mechanisms that incorporate the gender perspective and pursue affirmative and equitable actions on behalf of their employees. From its beginnings in 2003 until June 2010, 305 organizations were singled out; the 76 that were evaluated in 2009 were employing 45,009 people (44% women). The GEM has become a benchmark for developing similar certification schemes in other Latin American countries as well as in Egypt and Turkey. For its part, CONAPRED introduced the Model for Recognition of a Culture of Non-discrimination in 2007, and its annual awards have recognized a total of 46 firms.

B. Persons with disabilities or in situations of vulnerability

156. The STPS established the Red Nacional de Vinculación Laboural, a national network to promote decent work and equal opportunities and treatment for groups in situations of vulnerability. It comprises networks in 32 states, two regions, 27 municipios and one sindicatura. In 2009 the system served a total of 11,593 women, of whom 2,427 were placed in employment and 2,379 received training. As well, the STPS awards the Distintivo Empresa Incluyente “Gilberto Rincón Gallardo” in recognition of “inclusive firms” that have at-risk persons on their payroll. In its five years of operation, it has been awarded to 472 workplaces, benefiting 5,982 older adults (35.5%) and persons with disabilities: hearing (22.0%), motor (27.4%), intellectual (8.9%), visual (5.9%), and persons living with HIV/AIDS (0.2%). Of the total, 34.1% are women.

C. Social security benefits

157. Social security coverage in Mexico has increased. In 1992, 80% of persons 65 years and over had neither work nor a pension, and 69% of households were not covered by social programmes or Social Security. In 2008 those figures had been reduced to 34% and 25% respectively. Among the poorest 20% of the population, 94.1% of those over 65 years had no work or pension in 1992; that percentage declined to 90.8% in 2006 and to 70.2% in 2008. In 2006, of the total employee population, 56.9% were women working without benefits, 1.83% had only Social Security, 35% had Social Security and other benefits, and 6.3% had other benefits but no Social Security; for 2009 the corresponding figures are little different (55.8%, 1.9%, 34.9% and 7.4% respectively). In June 2009 the Mexican Social Security Institute (INSS) covered payment to 2,633,529 pensioners and granted 208,658 pension loans. In the first half of 2009 the ISSSTE paid a total of 695,324 pensions and ordinary retirement benefits. The Social Security benefits paid by INSS include special work-oriented training courses and activities for insured women through the so-called “Casas de la Asegurada”.

D. Social services in support of care for children and older dependents

158. In 2009 the Day-care Service Expansion Programme of INSS had 1,577 day-care centres with a total of 240,649 places serving 184,929 eligible working mothers and 520 working fathers. In July 2009 the ISSSTE provided care for 28,653 children in its child welfare and development centres. For persons not covered by the Social Security system the Social Development Ministry (SEDESOL) has been coordinating a programme of day-care centres and nurseries for working mothers since January 2007. Between 2008 and 2010 the programme served an average of 255,000 children, 232,300 mothers, and 4,600 fathers; for the first quarter of 2010 there were 8,853 nurseries in 1,193 municipios (416 of them with indigenous populations), and they were employing 46,400 nursery managers and assistants (99% of them women).

159. For older adults, the Mexican Social Security Institute (IMSS) has the "Active Ageing Programme" and a pilot project for a "tele-assistance and tele-alarm service" for elderly persons who live alone or must remain alone for most of the day: this service allows such people to maintain contact with an operator who will remind them of important events, such as time to take their medicine, and provide an immediate link to relatives, neighbours, emergency services and the police (65% of beneficiaries are women). Under the plan for the elderly (Plan Gerontológico) 2006-2025, the ISSSTE is mounting programmes to provide economic support for this population segment, including short, medium and long-term loans, the distribution of discount cards, and free attendance at cultural events.

160. For the population at large, the National Seniors’ Institute (INAPAM) offers medical, psychological, educational and legal services, occupational training, social and cultural activities, free-time occupations, physical culture, community development, tourism and recreation services to persons over 60 years. It also offers its members unsecured credit (créditos a la palabra, "word of honour” credit) for self-employment so that they can create or expand their own business, and it helps them find employment. The majority of participants in these activities are women. The "70+ programme" (Programa 70 y Más), run by SEDESOL, tops up seniors' incomes and social benefits through a monthly stipend of 500 pesos (US$38) and it offers them services or support through productive and occupational activities, access to health services and treatment for disabilities. From 2007 until April 2010 the majority of beneficiaries have been women, whose numbers rose from 517,424 to 1,083,075.

XII. Article 12

161. This section reports on women's access to medical care, family planning, and medical care during pregnancy, childbirth and postpartum. It also responds to the various topics covered in recommendation 33 from the Committee's concluding observations and those included in General Recommendations 14, 15, 18, 19, 24 and 25. The Annex to recommendation 37 contains health indicators by sex for the period 2005-2010. Health services for rural and indigenous people are discussed in Chapter XIV.

A. Promotion and expansion of health service coverage and access

162. The Health Ministry (SSA) has created a National Centre for Gender Equity and Reproductive Health (CNEGSR), which runs programmes relating to family planning, cervical and uterine cancer, breast cancer, maternal and perinatal health, gender equality and health, prevention and treatment of domestic and gender-based violence, and sexual and reproductive health for adolescents. In October 2007 it established the Interagency Working Group for Gender Equality and Health, which prepared the Specific Action Programme for Gender Equality in Health 2007-2012.

163. To expand the coverage of health services and provide care for women not eligible for Social Security, the federal government has implemented the Social Health Protection System (SPSS) (Seguro Popular, SP); the programme of "medical insurance for a new generation" (SMNG), which guarantees medical service for children born since December 2006 and their families; a fund for protection against catastrophic health expenses (FPGC), which covers interventions such as intensive neonatal care, cervical and uterine cancer, breast cancer, cancer in children and adolescents, bone marrow transplants, cataracts, congenital and acquired surgical defects, and HIV/AIDS; and a special action programme of the SSA, “Arranque Parejo en la Vida” (“Fair Start in Life”), which expands capacities and opportunities for women to enjoy a safe and healthy passage through pregnancy, childbirth and postpartum, and which operates in 407 municipios with high rates of poverty and of maternal and neonatal deaths. The Ministry has also implemented a strategy of “lifelong health” and a system of national health cards (see Annex VIII, section A). From January 2004 until April 2010, 70% of women between the ages of 20 and 59 years received national health cards. Clinics have also been established in eight states to provide comprehensive care to women during and after menopause.

164. The IMSS has a programme for strengthening the gender perspective, and since 2002 it has been running the Integrated Health Programmes (PREVENIMSS), under a strategy for delivering and evaluating preventive health services. In 2009 the programmes had the following coverage: children 74.5%; adolescents 39.1%; women 61.4%; men 43.2%; and older persons 45.7%. There is also a women's health programme (20 to 59 years) which provides comprehensive preventive care through a package of actions to promote health, nutrition, prevention and detection of diseases, and reproductive health.

165. In Mexico, the mortality rate from breast cancer rose from 14.9 for every 100,000 women 25 years and over in 2002 to 16.3 in 2007. By contrast, mortality from cervical-uterine cancer declined from 16.7 deaths per 100,000 women 25 years and older in 2002 to 14.0 in 2009. Actions for prevention and diagnosis of cervical cancer and breast cancer^[109] include the acquisition of mammogram equipment for public institutions of the National Health System (SMS), the application of Pap smears to women between the ages of 25 and 34 years, human papilloma virus (HPV) detection tests, and anti-HPV vaccinations for women 35 to 64 years of age and girls 9 to 16 years^[110], the establishment of regional molecular biology laboratories with the capacity to process 1,024,000 HPV test samples a year, and the provision of care through the SP and the FPGC for women not eligible for Social Security. In 2010 specialized units were established for the detection and diagnosis of breast cancer in eight states (see Annex XI).

B. Maternal mortality

166. The maternal mortality rate fell from 60 deaths per 100,000 live births in 2002 to 57.23 in 2008. To ensure that this decline continues, in 2008 the federal government established a multidisciplinary group to reduce maternal deaths, and it designed a comprehensive strategy to accelerate the reduction in maternal mortality, as well as an interagency agreement on universal care for obstetric emergencies (SSA, IMSS and ISSSTE). In addition, the "Healthy Pregnancy Strategy” was implemented, allowing pregnant women without financial resources to access medical care, and the "Healthy Communities Fund" (FCS) which funds the operations of the pregnant women's shelters (AME) located in indigenous and low-income municipios with high maternal mortality rates. To reinforce care in obstetric emergencies, the SSA has instituted a network of blood services with government-run blood banks and hospital transfusion services in 12 states. In 2009 and the first half of 2010, 3,677 physicians were trained in dealing with obstetric emergencies, with the emphasis on humane, respectful and non-discriminatory treatment of patients.

167. These efforts include extending the coverage of pregnancy care by building new hospitals and equipping existing ones in nine states, as well as the "Health Caravans", professionally assisted childbirth, particularly in indigenous municipios covered by the SP; linking traditional midwives to health units for the detection and prompt referral of women with obstetrical complications; and the project of CNEGSR and CDI to enlist "community godmothers" to help reduce maternal mortality under the Oportunidades Programme. As well, a technical standard on midwifery skills was prepared to certify traditional midwives. For the last nine years there has been a special effort throughout the country to identify improperly classified maternal deaths: this has made it possible to reduce the underreporting of deaths and to recognize the causes of death. In terms of research, the Maternal Mortality Observatory has been created and INMUJERES has been working with the National Public Health Institute (INSP) on applied research into maternal mortality trends at the municipal level and their relationship with social programme coverage, as well as analyzing preeclampsia and postpartum haemorrhaging. INMUJERES-DF conducted an analysis of maternal health care in public health units of the DF and produced a report proposing improvements to reduce severe maternal morbidity.

C. Family planning and contraception

168. Through its special action programme for family planning and contraception, the SSA distributed a total of 2.4 million contraceptives in 2009 to men and women of reproductive age, and since 2008 it has been pursuing a strategy to strengthen postnatal contraception in hospitals in 26 states; in 2009 its coverage was 51.5%, and there was no change in 2010. In the IMSS, coverage rates for postpartum/transcaesarean and post-abortion contraceptive protection are higher, and in the first quarter of 2010 stood at 82.3% and 84.6% respectively. In 2007 the SSA purchased and distributed 99,220 emergency contraceptive treatments to 32 state health services; since 2008 each state has been purchasing the required number of treatments for distribution.

169. On 27 May 2010 the SCJN upheld the constitutionality of NOM 046-SSA2-2005, the Mexican official standard on criteria for preventing and treating domestic and sexual violence and violence against women, which had been issued by the SSA in April 2009 and which requires all clinics and hospitals throughout the country to recommend the emergency contraceptive pill for victims of rape, to avoid unwanted pregnancies.

D. Legal interruption of pregnancy

170. On 25 April 2007 the ALDF proved a decree amending the criminal code of the Federal District, and expanding the Health Act for the DF. The decree decriminalizes abortion prior to the 12th week of pregnancy and obliges the government of the DF to reinforce its SRH programmes, to provide abortion on demand^[111], and to offer medical and social counselling. From April 2007 to June 2010, 42,640 women terminated their pregnancy legally in the DF: 76% of them were residents of the DF, 21% lived in Mexico State, and 3% in other states (Morelos, Hidalgo, Puebla, Veracruz and Jalisco). On 28 August 2008 the SCJN plenary ruled that the decree was constitutional. As of July 2010, 16 states had reformed their constitutions to enshrine the protection of life from conception/fertilization^[112]. Of those reforms, 15 were published in the official state gazettes. At the present time women are being prosecuted in the states where abortion is penalized by the criminal code. Annex VIII shows the legal grounds in each federative entity for not punishing abortion.

E. Sexual and reproductive education for adolescents

171. The maternity rate among women under the age of 20 held constant between 2000 and 2008; in the former year 445,775 births to women under 20 years were registered (16% of all births in Mexico), and in the latter year the number was 457,929 (17.4% of the total). Of the births registered in 2008 for women ages 15 to 19, the baby was a first child in the majority (76.5%) of cases; it was a second child or a third child in 18.5% and 3.5% of cases, respectively. Most adolescents are aware of contraceptive methods (97%), even in rural areas and among speakers of indigenous languages (93.4% and 85.1% respectively). Nevertheless, the rate of use of these methods among young women is much lower, as they constitute the group of women with the greatest unmet demand: fewer than half of women between the ages of 15 and 19 years make use of contraceptive methods (24.6%), and the percentage drops to 17.7% in the 20-24 years age group.^[113]

172. The SSA sponsors a special action programme of sexual and reproductive education for adolescents, and in May 2009 it began distribution of the National Health Card for adolescents of 10 to 19 years in all secondary schools of the country, accompanied by a technical manual for health personnel dealing with this population group. Since 2008 the Youth Integration Centres have been offering preventive guidance to adolescents and adults and promoting their ability to cope with drug-related risk factors. The SEP offers sexual education to adolescents through secondary school textbooks and through biology courses that stress the importance of preventing sexually transmitted infections (STI) and provide information on contraceptive methods. The National Population Council (CONAPO) maintains up-to-date information on reproductive health, contraceptive methods and STI at its webpage (www.planificanet.gob.mx) and, in coordination with the IMSS, provides information via its telephone help line Planificatel; in addition, it broadcasts a weekly radio programme, Zona Libre (“Free Zone”), dealing with population issues, SRH and gender equity. Since the academic year 2008-2009, students in upper secondary schools of the DF have been using the textbook Tu Futura en Libertad ("Your Future in Freedom"), 580,000 copies of which are distributed free, and which deals with topics of sexual education, abortion, emergency contraception, living together in society, and HIV/AIDS. In cooperation with the Latin American Centre for Health and Women (CELSAM-Mexico) and public and private sector institutions, INMUJERES took steps to have the 26th day of September celebrated as "National Day for the Prevention of Unintended Adolescent Pregnancy."

F. Sensitizing health personnel to women's human rights

173. SSA efforts under this heading include the annual campaign marking November as "Reproductive Health Month", a campaign under the slogan “Las mujeres estamos tomando medidas” ("We Women Are Taking Steps") for the prevention and control of diabetes, hypertension and obesity, a standing campaign for sexual education targeted at youth, a strategy for promoting health throughout life, and celebration of International Day for the Elimination of Violence against Women. INMUJERES has designed SRH programmes for the female population of all ages through training, awareness raising and dissemination of printed materials targeted at health personnel; especially noteworthy are the campaigns to publicize women's sexual and reproductive rights and to prevent cervical and breast cancer.

XIII. Article 13

174. This section reports on women's rights to bank loans, mortgages and other forms of financial credit and their right to participate in recreational activities, sports and all aspects of cultural life. The information provided relates to recommendation 35 from the Committee's concluding observations.

A. Access to mortgages and financial credit

175. The national housing policy is coordinated by the National Housing Commission (CONAVI), which runs a programme of federally subsidized economic support for low-income persons to enable them to purchase a new or used house or a serviced lot, to improve their dwelling, to boost their social production, or to build their own home. The cumulative progress report for January-June 2010 on the CONAVI housing subsidy programme “Esta es su Casa” ("This is your house") reveals that 37.3% of funding granted during that period went to women, 60.1% to men, and the remaining 2.6% was earmarked for reconstruction of damaged dwellings (Annex IX, CONAVI line). The analysis by granting agency in that Annex shows that the National Popular Housing Fund (FONHAPO) provided the highest percentage of subsidies to women, through its programmes “Tu Casa” ("Your House") (59.1%) and Vivienda Rural (Rural Housing) (56.4%). Annex IX shows the financing granted by FONHAPO from 2007 to June 2010, broken down by sex. As of July 2010, the INFONAVIT para Todos programme has allowed employers to enrol their business or household employees in that Institute's housing scheme, on a voluntary basis.

176. An example of an institution that grants consumer credit is the Institute of the National Workers' Consumption Fund (INFONACOT), which offers financing for home improvements, health services, training and education, computer equipment, broadband Internet, new and semi-new automobiles, recreation and culture, support for family businesses, and financial security. Similar services are offered to their members and pensioners by ISSSTE, the Social Security Institute of the Mexican Armed Forces (ISSFAM) and the National Army, Air Force and Navy Bank (BANJERCITO).

B. Culture, recreation and sports

177. Pillar 3 of the PND contains a section on culture, art, recreation and sports, with specific objectives and strategies for each heading. Accordingly, the National Council for Culture and the Arts (CONACULTA) prepared the National Culture Programme 2007-2012 (PNC) a general objective of which is to promote equality in the enjoyment of culture, to offer high-quality cultural facilities, goods and services, and to encourage expressions of cultural diversity. To achieve these objectives it has implemented programmes to support states' cultural infrastructure (PAICE), to foster artistic creation and development, to promote municipal cultural development, and to support municipal and community cultures (PACMYC), as well as to promote integral development of indigenous culture (PRODICI). Through PACMYC some 1,700 projects are being financed each year in the area of popular arts, traditional medicine, historic memory, ecology and social organization. PRODICI seeks to create conditions for indigenous peoples, organizations and communities to participate in defining, implementing and evaluating their cultural development projects.

178. The IMSS offers courses, workshops and supplementary activities (events, campaigns, exhibitions, conferences) in the areas of social welfare, cultural development, sports and physical culture, and technical training and skills development for women and men in different age groups, including specific activities for women, such as physical activity during pregnancy. SEDESOL runs a programme to restore abandoned or unsafe public spaces in the country's larger cities. During 2007-2009 programme benefited some 16.3 million people, 47% of whom were women.

179. As part of the National Physical Culture and Sports Programme 2008-2012, the national strategy for physical activity (“Actívate, Vive Mejor”, "Be Active, Live Better!") was redesigned to encourage everyone to engage in at least 30 minutes of physical activity a day. There is also a programme of physical activity in the workplace for government and private sector employees. Worthy of mention as well are the programme "Physical Activity Fairs for Better Living" and the School and Municipal Sports Centres Programme, which in the first half of 2009 had 2,785 centres installed in 943 municipios, 169 of which have high concentrations of low-income people.

180. The programmes of the National Sports Commission (CONADE) establish and unify criteria for planning, applying and evaluating projects from a perspective of gender equality and equity. In April 2010 a cooperation agreement was signed with INMUJERES to conduct joint activities for the promotion, protection and dissemination of gender equality and the development of women athletes. The products generated include nine editions of the National Award for Women in Sports, designed to recognize and encourage the efforts and dedication of outstanding female athletes in various fields. On the same day, an agreement was signed establishing the Mexican Network of Women in Sports to promote gender equity and equal opportunities between women and men in sports.

XIV. Article 14

181. This section provides information on rural and indigenous women; it responds to the Committee's recommendations relating to the sixth periodic report of Mexico, contained in paragraph 35 (eradication of poverty) as well as in paragraphs 21, 23 and 33; and it takes into consideration General Recommendations 5, 12, 13, 15, 16, 19, 21 and 23 to 25 of the Convention.

182. Pursuant to recommendations 21 and 35 from the Committee's concluding observations, we reiterate that the PND contains a pillar on equality between women and men, and one of its objectives is the full incorporation of indigenous peoples and communities into the country's economic, social and cultural development, guaranteeing respect for their historic traditions, indicating specific strategies for closing the principal social gaps faced by this sector of the population, with special emphasis on women living in poverty, and linking poverty eradication programmes with programmes for equality of opportunities and non-discrimination against women. The strategies and targets of the PND and the LGIMH are incorporated into PROIGUALDAD 2009-2012, where strategic objectives 5 and 6 relate to poverty eradication.

183. As of May 2009, 19 sector programmes had objectives, strategies and lines of action consistent with the PND and PROIGUALDAD. Of those, 10 relate to the rural and indigenous population and to poverty eradication. The act creating the CDI, the lead body on this topic and a member of SNIMH, calls for including the gender perspective in federal institutions in order to provide greater opportunities for indigenous women, and participation by indigenous peoples in the planning and implementation of development programmes and projects. Annex X details the special measures that the CDI is taking on behalf of the indigenous population, and its beneficiaries, by sex, for 2009.

184. The previous administration established the National Social Development Policy Evaluation Council (CONEVAL) to conduct regular reviews of social development policy programmes, targets and actions. It is also responsible for establishing guidelines and criteria for the definition, identification and measurement of poverty, systematically tracking such variables as education, health, housing characteristics, environment, social security, nutrition, income, social cohesion, equality of opportunities, and discrimination. In December 2009 the Council presented the methodology for multidimensional measurement of poverty, which will be used to produce the official measure of poverty in Mexico. It will also make it possible to understand the social situation of the entire Mexican population, disaggregated by sex, and the type of attention that each population group requires, and will provide objective and relevant information for making poverty reduction policies more effective.

185. With respect to the second part of recommendation 21 from the Committee's concluding observations, on the impact of macroeconomic policies on women, we may report that, according to Bank of Mexico estimates, in the first half of 2008 the prices of raw materials, and food and energy in particular, continued the steep climb that had begun in 2006; as a result, inflation rose from 3.76% in 2007 to 6.53% in 2008. Weaker growth in GDP (gross domestic product) in the year (1.3%) was accompanied by slowing demand for labour, and consequently higher unemployment. The employment indicator for the formal sector of the economy, represented by the number of workers insured in IMSS, also showed a significant deceleration. At the end of December 2008 that indicator stood at 14,062,552 persons (36.16% women). A more detailed analysis of the effect of the economic crisis on women is found in section B of Annex X. It is important to note in this regard that studies have been prepared on the differential impact of tax policy on women in Mexico.^[114]

A. The poverty situation in Mexico

186. The results from the National Household Income and Expenditure Survey for 2008 indicate that in that year 18.7% of women and 17.8% of men were living in households in conditions of nutritional poverty (pobreza alimentaria, unable to cover basic food needs), representing 14.8% of households headed by a man and 12.9% of those headed by a woman. With respect to what is defined in Mexico as pobreza de capacidades (unable to cover basic food, health and education consumption), this applied to 20.9% of male-headed households and 17.8% of female-headed households. With respect to the Mexican definition of pobreza patrimonial (unable to cover basic consumption of food, education, health, housing, clothing, transportation and other goods), the figures were 41.5% and 36.4%, respectively, for male- and female-headed households.

187. As part of the countercyclical measures adopted by the government, the National Infrastructure Fund was created in 2008, the Programme of Support to the Economy, Investment and Employment was implemented, the expenditure budget was increased for that year, and a programme of food support in priority areas (PAAZAP) was initiated. April saw the launch of the Vivir Mejor ("Living Better") Strategy, which coordinates the efforts of all agencies for improving living standards, with special attention to vulnerable social groups – women, indigenous people, the elderly, persons with disabilities, and persons living in extreme poverty – and regions and municipios with the lowest human development indices (HDI). In 2008 slightly over 90% of federal funding for social and human development went to the Oportunidades human development programmes (PDHO) in their three components (health, education and nutrition); those programmes include ones focused on elderly people in rural areas, rural supply, food support in priority areas, IMSS-Oportunidades, SPSS, day-care and nurseries for working mothers, and the "indigenous school shelters" programme of the CDI.

188. Negative fallout from the economic crisis led to the establishment in January 2009 of the "National Accord in Favour of the Family Economy and Employment" and the "Living better" food support programme. Sections C and E of Annex X describe efforts with respect to poverty, health and education by various state governments and their women's units.

189. The Productive Organization Programme for Indigenous Women (POPMI) of the CDI helps women participate in preparing and implementing development plans. Section F of Annex X shows the number of POPMI beneficiaries per year between 2006 and 2010, and section G describes the programme's main achievements in 2009. Of the 2,192 projects approved in that year, 368 served 4,229 female beneficiaries in the 125 municipios with the lowest HDI. Thanks to the ongoing support provided for those projects, 825 of the 1,577 approved in 2007 were still functioning in 2009 (a survival rate exceeding 52%). The programme's impact can be appreciated in the following data from the Transparency and Accountability Observatory instituted by the SFP: two-thirds of beneficiaries reported that their incomes had increased, their status of equality with men had improved, and their general situation as women was better. Two beneficiaries in five decided not to migrate once they received support from the programme, and 70% indicated that rejection or discrimination had declined.

B. Social security and health services for rural and indigenous people

190. According to INEGI data, in 2005 there were 1,512,240 indigenous heads of household who declared they were not enrolled in Social Security. To serve those people, the Oportunidades programme ensures access for its beneficiary families to a "guaranteed basic health package" and it also provides support through “Jóvenes con Oportunidades” (“Youth with Opportunities”) and “Vivir Mejor”, programmes for seniors, and energy subsidies. People affiliated with the SP insurance system enjoy 100% coverage for the first level of medical treatment, and 95% for the second level. In March 2010 there were 33,803,116 persons affiliated with the SP (54.4% women). In localities where 40% or more speak an indigenous language, there were 3.1 million SP members (52.8% women). Of the total of women affiliated with the SP, 6.8% received obstetrical care (93.4% for childbirth and 6.6% for abortion)^[115]. The number of affiliated families living in poor and very poor regions was 3 million; 83% of them were headed by women.

191. The SSA operates health services networks in low-HDI municipios, covering regular and expanded-service health centres, community hospitals and general hospitals, as well as the "Healthy environment and communities programme": this includes the Mexican Network of Pro-Health Municipios, which provides maternal and perinatal health care. As part of the strategy to eliminate cultural barriers in health services and to promote effective access for indigenous people to medical care, training and awareness activities have been conducted on interculturalism and gender in the context of human rights, targeted at health personnel. For the period 2007-2012 the goal is to reduce maternal mortality by 50% in the 125 municipios with the lowest DHI, through a special project focused on women who have the least access to health services. This includes a community work component, supported in conjunction with municipal presidents, and personalized monitoring of pregnant patients. In 2008, 70 maternal deaths were registered in these municipios; the number declined to 54 in 2009.

192. The IMSS runs the Health Promotion Programme for Indigenous Peoples in seven states, as well as the IMSS Opportunities Programme (PI-O), which provides comprehensive health care to poor rural and urban dwellers through a network of medical facilities comprising 3,549 rural medical units, 70 hospitals, 226 urban medical units and 225 mobile medical units. In 2010, 14 rural obstetric care centres are being constructed and equipped in communities with high maternal death rates in seven states. The PI-O has improved prenatal care, providing an average of 1.3 million consultations per year (6.5 consultations per woman, on average, see Annex 10, section H), and offers guidance to women and men of reproductive age through community workshops on SRH.

193. To reduce complications during pregnancy and childbirth, qualified obstetric personnel are available. During the three years 2007-2009, the PI-O assisted 254,580 births in the programme's rural medical units and hospitals (nearly 90% of pregnant women were attended by qualified personnel). The proportion of childbirths institutionally assisted (by medical units or volunteer personnel) from September 2006 to April 2010 remained steady at 85%.

194. As of April 2010 the PI-O was operating 3,618 rural care centres for adolescents (CARA) in the 17 states where the programme is established, and education groups for pregnant adolescents were also created. The efforts devoted to care for adolescents are reflected in the growing acceptance of contraceptive methods among young people (Annex X, section I).

195. Noteworthy results of the Oportunidades programme in rural and indigenous localities include the following: increased demand for health services on the part of beneficiaries living relatively close to health centres; better basic sanitation habits in second-generation households (formed by the sons and daughters of indigenous titleholders); 51% of women were attended by a physician during their last childbirth, and 39% by a midwife; years of schooling for indigenous girls and boys were up by 8% and 10.1%, respectively, five years after they began to receive benefits; the gender gap in school enrolment has been reduced in favour of females; staying in school longer has had the effect of postponing the onset of the female reproductive cycle, and there has been a positive impact on the schooling of indigenous youth, estimated at 0.64 additional education grade for females and 0.84 for males (see Annex X, section J). Moreover, the delivery of monetary transfers to female heads of household has changed the structure of household spending in favour of better nutrition (primarily proteins and vegetables); purchase of goods that alleviate household chores (stove, refrigerator, piped water, household materials); it has improved their self-esteem, their decision-making, and their voice within the family and the community; it has strengthened cooperative networking; it has made women eligible for credit; and the events held to deliver support, and the programme's activities in general, are seen as opportunities for women's socialization and independence. Recent assessments of similar programmes in other Latin American countries, however, cast doubt on the benefits in terms of the specific situation of women, suggesting that the counterpart requirements and demands of the programmes occupy too much of women's time, and that the transfers may provide a disincentive to joining the workforce, as the benefits often disappear when there are other sources of income.

C. Access for rural and indigenous women to all types of education and training

196. The SEP serves the rural and indigenous population through the National Council for Educational Development (CONAFE). The Preschool and Primary Education Programme for Migrant Farm Workers' Children (PRONIM) operates in 21 states; in the academic year 2009-2010 it served a total of 26,334 youngsters, of whom 50.4% were girls. The budget for the scholarship programme for indigenous students pursuing higher studies, run by the CDI, was increased in 2008 to allocate scholarships to female indigenous students; to date, 285 female students have received scholarships for higher education. The Programme for the Development of Priority Zones runs the Community Learning Centres (CCA), public institutions equipped with at least six computers and Internet connectivity and located primarily in poor and very poor municipios and localities. There are currently 2,217 CCAs across the country (92% in areas with indigenous populations). Women have been key to the development of the project (54% of its promoters are women), and they accounted for 60.6% of the total of 249,825 students participating in the period 2001-2010. In collaboration with the CDI, the SCT operates 4,062 Community Digital Centres in 879 municipios with indigenous populations. The Programa de Gerenciamiento de Núcleos Agrarios ("Farm Management Programme") of FIFONAFE offers training in the use of new technologies (Internet) to the inhabitants of ejidos (communal lands) and communities (54.5% women).

D. Agricultural credit and loans, self-help groups, cooperatives, and participation in community activities

197. A number of federal government programmes have facilitated women's access to employment or work through various types of productive support. In 2007, women represented 48% of beneficiaries under the Productive Options Programme (POP); in 2008 the figure was 51.8%, in 2009 55.8%, and in May 2010 it was 60.2%. The CDI operates the Regional Indigenous Funds Programmes (PFRI), the Programme for Coordination of Support to Indigenous Production (PROCAPI), the Alternative Tourism Programme in Indigenous Zones (PTAZI) and the Project for Management and Conservation of Natural Resources in Indigenous Zones. In 2008 more than 50% of PFRI beneficiaries were women; for PROCAPI and PTAZI the figures were 41% and 38.2% respectively. The Ministry of Environment and Natural Resources (SEMARNAT) is supporting community ecotourism projects in protected natural areas (ANP).

198. There are also programmes that have budgets earmarked for women and gender equality: this is the case with POPMI (already mentioned), the Programme for Women in the Agricultural Sector (PROMUSAG) of the Ministry of Agrarian Reform (SRA) and, through the SE, the Micro-Financing Fund for Rural Women (FOMMUR), the National Micro-Enterprise Finance Programme (PRONAFIM), which grants 80% of its micro-credits to women in rural and urban areas, and the National Support Fund for Solidarity Enterprises (FONAES), which supports the creation, development and consolidation of social enterprises. Annex X shows the number of women benefiting from these programmes in 2009. As of the first quarter of 2010, FOMMUR, POPMI and PRONAFIM had supported 78,690 productive projects benefiting 83,059 women. The SRA also runs the Support Fund for Productive Agricultural Projects (FAPPA), which supported implementation of 722 productive projects of 7,293 members (53.4% women) in those same years. In the "Young Rural Entrepreneur and Land Fund Programme" (JERFT), run by the same Ministry, women's participation exceeds 50% in some programme stages, although the overall average is around 40% (Annex XI contains indicators by sex for those programmes for 2005-2010). The Programme for Gender Equality and Environmental Sustainability and the Temporary Employment Programme of SEMARNAT have had targeted funding since 2008, with which they have benefited a total of 5,800 and 59,452 women, respectively.

199. The National Commission for Protected Natural Areas (CONANP), through the Conservation for Sustainable Development Programme (PROCODES), supports the rural and indigenous population of the ANPs. In 2008, 36.21% of beneficiaries were indigenous, and of those people 45.3% were women. Through the Strategic Project for Food Security, run by the Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food, support is being provided to rural families in 123 poor and very poor regions in 16 states.

E. Equal treatment in agrarian reform plans

200. Article 2 of the Mexican Constitution guarantees the right of indigenous peoples and communities to hold and own land. Article 18 of the Agrarian Act recognizes a right of precedence for the wife or common-law partner in cases where the ejidatario (joint owner of an ejido) dies without naming his successors. Article 71 allows an area to be reserved for the establishment of a farm or a rural industry operated by women over 16 years of age, indicating the possibility of including installations intended specifically for the service and protection of rural women (the so-called "women's lot", which is inalienable, is of indefinite duration, and cannot be distrained). The Agrarian Prosecutor's Office (PA) is responsible for Agrarian Conciliation and the Testamento Agrario (succession list). In both procedures, women's participation ranges from 21% to 26% of the total.

XV. Article 15

201. With regard to legislation guaranteeing that women's civil and legal capacity shall be identical to that of men, as noted in the previous report, the legal equality of women and men is enshrined in article 4 of the Constitution, and is established in secondary laws at the federal level, such as article 2 of the Federal Civil Code, and in the states.

202. In compliance with General Recommendation 21, and in an effort to continue making progress in adapting a regulatory framework that upholds legal equality, 13 initiatives have been accepted by the Equity and Gender Committee or by the full Chamber of Deputies for further legislative processing.

203. The 61^st legislative session has seen initiatives to reform the Constitution and to add provisions to democratize its language and thereby contribute to equality of opportunities between women and men.

XVI. Article 16

204. In the area of marriage and family relations, civil legislation at the federal level continues to guarantee women equal conditions with respect to men.

205. A number of legislative reforms have been identified, including those that seek to recognize domestic work performed by women in the home, to use DNA tests as proof of paternity, to eliminate the provision that requires a woman to wait 300 days after a divorce before she can remarry, and to support single mothers and female heads of household. Nine of the legislative initiatives presented in this area relate to the 60th legislative session, and seven to the 61st: all are still pending.

206. Two draft decrees may also be cited: one to create the General Act on Responsible Paternity, which amends, adds and repeals various provisions of the Federal Civil Code, and another to reform and add various provisions to the Act for the Protection of the Rights of Children and Adolescents. Creation of a National Public Registry of Defaulting Alimony Debtors is proposed, as a means of registering and publicizing information on fathers, mothers, guardians etc. who shirk their obligation to provide support.

207. During the 57th legislative session in Mexico State, reforms to the Civil Code were approved, making 18 years the minimum age of marriage for women and men and recognizing common-law spousal status for persons who have lived for more than one year with their partner or who have children.

208. No-fault divorce is now recognized in the DF, and the Civil Unions Act (Ley de Sociedades en Convivencia) has been passed, guaranteeing rights to support, succession, guardianship, alimony and reparation of damages for persons living in a union other than a marriage or a common-law partnership.

209. In addition, the DF has amended articles 146 and 391 of the Civil Code to define marriage as the free union of two persons, further enabling persons of the same sex to contract marriage with all the rights inherent in that contract, including the possibility of adoption. In this regard, in August 2010 the plenary of the Supreme Court upheld the reforms to the Civil Code and the constitutionality of same-sex marriages, and extended their validity and recognition to the entire Republic. With respect to article 391, the Supreme Court spoke in favour of allowing same-sex spouses and partners to engage in legal adoption, on the grounds that this did not violate the rights of children.

210. On 20 July 2010, the Surrogate Maternity Act was approved at the committee stage of the DF Legislative Assembly, allowing a woman to lend her uterus for the gestation of an embryo and to deliver the newborn to its biological parents.^[116]

211. Family responsibilities. The 2009 National Time Use Survey (ENUT) shows that on average men devote 15 hours and 12 minutes of the week to domestic chores^[117], while women allocate on average 42 hours and 18 minutes. By contrast, men's participation in work outside the home is greater: they account for slightly over 62.6% of the hours spent at such work, and women 37.4%. On average, men devote 48 hours a week to work outside the home, and women about 40 hours. This translates into salary gaps and under-representation of women in senior positions (see chapters VII and XI).

212. The overall workload borne by women is, on average, 8 1/2 hours more than that of men (58 hours and 18 minutes versus 49 hours and 48 minutes), considering both domestic work and work outside the home, in addition to other tasks such as primary production, care for other persons, support to other families and volunteer work. To reconcile working life with the care of children, Mexico created a programme of day-care centres and nurseries for working mothers (see Chapter XI). In this respect, an initiative for a General Act on reconciliation of working, family and personal life was presented during the 60th Legislature.

XVII. Implementation of the recommendations from the sixth periodic report

A. Paragraph 17

213. Mexico is continuing to implement the recommendations that the Committee included in its 2005 report on the disappearance and murder of women in Ciudad Juárez, Chihuahua, on the basis of article 8 of the Optional Protocol to the Convention. It is doing so through the Federal Government's Action Programme to Prevent and Eradicate Violence against Women in Ciudad Juárez, Chihuahua, better known as the "40-Point Programme of Action”, launched on 3 June 2004. In order to measure the effectiveness of actions taken at the three levels of government through this mechanism and to make the appropriate adjustments, those actions are being evaluated by the Commission on Government Human Rights Policy, chaired by the Ministry of the Interior, through the Subcommission on Coordination and Liaison for the Prevention and Eradication of Violence against Women in Ciudad Juárez.

214. With entry into force in 2007 of the General Act on Women's Access to a Life Free of Violence and creation of the National System to Prevent, Treat, Punish and Eradicate Violence against Women, these actions have been assembled and transformed into strategies of national scope to guarantee women's right to a life without violence.

215. Through the 40-Point Action Programme, three strategic lines have been developed to combat violence against women: (a) prosecution and enforcement of justice and promotion of respect for women’s human rights; (b) services for victims; and (c) strengthening of the social fabric.

216. To guarantee access to justice for victims and their relatives special institutions have been created, such as FEVIMTRA and the Specialized Office for Female Homicide Investigation, within the State Prosecutor's Office (PJE), staffed by highly trained personnel specialized in investigating such crimes, with full respect for international standards and for the human rights of victims and their relatives.

217. The newly created Crime and Forensic Sciences Laboratory in Ciudad Juárez, equipped with leading-edge technology and specialized personnel, has proven an important scientific and technological tool for assisting the investigation of crimes against women. For example, it facilitated identification of skeletal remains by the Argentine Forensic Anthropology Team.

218. The New System of Criminal Justice in the State of Chihuahua, characterized by greater speed and transparency in processing, respect for human rights, and protection and dignified treatment of the victims of crime, will make it possible for the other powers of government, such as the judiciary, to play a predominant role in protecting and defending the rights of women, and especially those who are victims of violence.

219. Providing care for victims is one of the most significant strategies of the 40Point Programme. To this end, municipal bodies such as the Care and Prevention Centre for Women and Families in Situations of Domestic Violence (MUSIVI), state bodies such as the Chihuahua Women's Institute or the Specialized Office of the PJE, and federal bodies such as FEVIMTRA and CONAVIM continue to provide guidance, legal advice, psychological and medical support and assistance to the families of female victims of violence.

220. As part of the strategy of providing care for women in situations of violence, the Chihuahua Women's Institute sponsored creation of the State Network to Treat and Prevent Violence against Women, as an interagency coordination mechanism with civil society, to provide high-quality, friendly and efficient service consistent with respect for the human rights of female victims and their relatives. One of the principal strategies of the network is to standardize care protocols.

221. The Protocol on treatment, response and coordination among federal, state and municipal authorities in cases of missing women and girls in the municipio of Ciudad Juárez, better known as the "Alba Protocol", was implemented in March 2005 by the federal government to pool efforts with the state and municipal levels for improving search and location procedures for missing or absent girls and women; it has proven its effectiveness, and is now being reviewed for further improvements.

222. In addition to this search and location strategy, the PGJE, through the Missing Persons Investigation Unit, assisted by Internet publication of notices of missing or absent women, has helped to resolve many cases where the victim has either been found alive or the remains have been identified.

223. The federal government strategy to strengthen the social fabric, beyond making improvements to the physical aspects of streets, parks, sports centres and community facilities, is focused on reinforcing the social capital represented by academic and civil society organizations working to promote women's human rights. One of its strategies has been to support their initiatives and build their capacities, for example with funding from the Social Co-investment Programme of SEDESOL and the PROEQUIDAD programme of INMUJERES.

224. Through the strategy known as Todos Somos Juárez, Reconstruyamos la Ciudad ("We Are All Citizens of Juarez, Let's Rebuild the City")^[118], new components have been added for rebuilding the social fabric, such as incorporating public and private elementary schools into the Safe Schools Programme, where secondary school principals, teachers and parents of the municipio are trained in mediating conflicts and preventing violence and addictions. Cultural and sporting programmes have also been introduced to provide better training for children and adolescents, with contents geared to preventing violence and fostering gender equality and equity.

225. The 40-Point Action Programme was reinforced with publication, on 10 December 2009 of the judgment of the Inter-American Court of Human Rights in the “Campo Algodonero” (“Cotton Field”) case, Gonzales et al. versus Mexico. Actions and strategies have been reinforced to guarantee the life and safety of women in both public and private spaces. In the context of the Subcommission on Coordination and Liaison for the Prevention and Eradication of Violence against Women in Ciudad Juárez, coordinated by SEGOB, a working group was established in compliance with the ruling, and INMUJERES is a member of the working group. As well, the PJF and the Legal Investigations Institute of UNAM held a roundtable to analyze the judgment as well as the consequences and challenges involved in executing it in Mexico.

226. Through its national meetings of the legal units of the state mechanisms for the advancement of women, INMUJERES has developed a number of strategies for publicizing and analyzing the domestic implications of the judgment, it has sponsored forums for legal analysis of the need to make feminicide a crime in Mexico, and it has analyzed the Campo Algodonero judgment. In addition, INMUJERES is promoting the agenda for harmonizing the country's legislation with the principal instruments dealing with women's human rights, including CEDAW and the Convention of Belém do Pará, which allow the Court's ruling to be implemented throughout the Mexican legal system.

227. The Mexican State recognizes that there are still challenges to be addressed on the legislative and regulatory fronts, and in terms of the accessibility, administration and prosecution of justice, as well as the prevention, punishment and eradication of violence against women. Consequently, the country must continue to strengthen the actions taken and to reinforce interagency coordination between the three branches of the federal State and the three orders of government, something that would at the same time help to ensure comprehensive reparations for damages, as called for in the Inter-American Court's judgment.

B. Paragraphs 7, 9 and 41

228. The mandates established in the Convention have been incorporated and mainstreamed into our country's institutional and regulatory framework (see Chapter III), and this made it possible to establish, within SNIMH, a Commission to Monitor Compliance with the CEDAW, through which the methodology used to prepare this report was put into effect.

229. This involved preparing a table that compares the contents of the Convention and the recommendations from the concluding observations of the Committee on the sixth periodic report, as well as the BPA (Beijing Platform for Action) and the MDG (Millennium Development Goals)^[119], which in turn helped in the formulation of the PND, PROIGUALDAD and the PNDH. Again consistent with the Committee's General Recommendations 6 and 10, the web pages of INMUJERES, the SRE and the PJF contains links to the Convention and the monitoring Committee.^[120]

230. Mexico also has mechanisms for obtaining information on the achievement of equality and compliance with the Convention. These include the Portal Aplicativo of the SHCP, the progress report submitted by INMUJERES to the Chamber of Deputies, the Gender Indicators System, and the Interactive System for Monitoring the CEDAW (SICEDAW).^[121]

231. In 2006 there was a public presentation on the recommendations of the Committee from its concluding observations on the sixth periodic report. That marked the beginning of a broad process of publicizing the Convention and the Committee's recommendations. This information was sent to international organizations and cooperation agencies of the United Nations in Mexico, the National Congress, the Advisory and Social Councils of INMUJERES, as well as to the departments and agencies of the Federal public administration^[122], which have contributed to dissemination through training sessions, forums, conferences, publications and internal newsletters. The commitments assumed under the BPA were also included^[123]. As well, the PJF, INMUJERES and the SRE, independently or in coordination with international agencies and civil society organizations, have distributed publications on the Convention and the Committee's recommendations, as well as on the BPA and the new measures adopted in 2000.

232. The state IMEFs are also assisting in dissemination, through workshops, forums, seminars, campaigns, publications and information brochures^[124]. In some cases, this has made it possible to prepare proposals to harmonize regulatory frameworks with the contents of the Convention. The same dissemination mechanisms have allowed the PJF, through its three bodies^[125], and the legislature, especially through the Equity and Gender Committee of the Chamber of Deputies, to strengthen dissemination and awareness raising on international instruments relating to women's human rights.

C. Paragraph 37

233. In respect of this recommendation, regarding the use and analysis of statistical data to determine trends over time and to evaluate the results and impact of programmes, plans and policies at all levels, we must note that, pursuant to pillar 3.5 of the PND, government reports of the current administration contain a special section on equality of opportunities between women and men, as well as statistical data disaggregated by sex (the Annex to this recommendation shows the equal opportunity indicators from the fourth government report, published in September 2010). For its part, INMUJERES has designed and implemented the Gender Indicators System (Sistema de Indicadores de Género, SIG) which compiles information from other information systems sponsored by the Institute, including the State System of Gender Indicators (SEIG), which the Committee mentioned as an area of concern. The INMUJERES indicators system contains information on population, fertility, mortality and migration, health, education, work, decision-making, indigenous peoples, violence and time use, with data broken down by sex at the national, state and municipal levels. The system is constantly updated with information from primary sources, and it can be consulted at the INMUJERES webpage. As well, the various annexes to the recommendations and articles covered in this report contain data disaggregated by state, size of locality, sex and indigenous population, and these are also analyzed in the sections corresponding to the articles of the Convention.

234. To ensure follow-up and transparency for federal government actions and programmes that have been assigned funding for women and gender equality, INMUJERES has since 2008 been producing quarterly reports, with SHCP and CONEVAL, on application of the earmarked budget allocated to FPA departments, which are submitted to the Chamber of Deputies and published at the transparency portal of INMUJERES.

D. Paragraph 38

235. The Convention and the Beijing Platform for Action (BPA) provide guidance to the Mexican government in promoting gender equality and the empowerment of women, and they have been incorporated into the PND 2007-2012, PROIGUALDAD 2009-2012, the LGIMH and the LGAMVLV. In April 2009, INMUJERES put together the document in response to the questionnaire sent by the United Nations Division for the Advancement of Women (DAW) on monitoring Mexico's application of the Platform for Action (1995) and the new actions adopted at the 23rd special session of the UN General Assembly (2000); the document contains the principal actions taken by government departments from 2004 through the first quarter of 2009. The following table contains examples of measures applied by federal government departments and agencies with respect to the 12 spheres of special concern in the Platform for Action for the period 2007-2010.

E. Paragraph 39

236. It should be noted that Mexico is meeting the majority of the Millennium Development Goals (MDGs). The measures implemented by the current administration to achieve the MDG are described in the sections of this report dealing with the recommendations from the Committee's concluding observations on the sixth periodic report of Mexico, and the respective articles of the Convention. Thus, MDG 1 is discussed in the section on article 14, MDG 2 under articles 10 and 14, MDG 3 throughout the report; MDGs 4, 5 and 6 in article 12, and in the section on the health of rural and indigenous women under article 14; lastly, MDG 7 is also considered under article 14. To reflect the efforts made by federal departments and agencies, pursuant to the Convention, to integrate the gender perspective into measures for achieving the MDG, the following table shows examples of the measures taken in this regard by selected federal agencies.

Annexes

I. Articles 1 and 2

A. CONAPRED. Complaints and Claims

B. Progress in harmonizing legislation, by federative entity, 2010

Source: DGAAI with information from DGTPEG/INMUJERES and CONAPRED (data to July 2010).

LFPED: Federal Act to Prevent and Eliminate Discrimination;

IMH: Equality between Women and Men;

AMVLV: Women’s Access to a Life Free of Violence; Reg. Regulation; Syst. System;

LPSTP: Act to Prevent and Punish Trafficking in Persons.

FV; family violence;

TP: trafficking in persons;

D: discrimination.

Note: The LPSTP has its own regulations and system, and Chiapas and the DF have their own regulations.

C. Federally supported shelters or care centres 2008 and 2009

Source: INMUJERES / DGTPEG.

D. State government care facilities for female victims of violence and their children, 2008 and 2009

Source: INMUJERES.

E. PCS funding of facilities for female victims of family violence and their children 2006 and 2009

Source: INDESOL.

F. PAIMEF budgetary spending and projects supported 2006-2010

Source: INDESOL, with data to 28 May 2010.

G. Legislative initiatives to enhance women's access to a life free of violence (59th and 60th Legislatures)

Violence

1. Draft decree reforming, adding and repealing provisions of the Federal Criminal Code (CPF), the Federal Firearms and Explosives Act and the LGAMVL. Presented in December 2009. Would increase from 4 to 6 years the prison penalty for the crime of family violence, would punish persons possessing arms in the home without reporting them to SEDENA, and persons using them to commit violence in the home. Pending approval.

2. Draft decree reforming and adding provisions of the CPF and the Federal Code of Criminal Procedure. Presented in February 2010. Provides that the Public Prosecution office (Ministerio Público) shall guarantee the safety and physical integrity of persons reporting family violence and would classify family violence as a serious crime. Pending approval

3. Proposal to amend the Criminal Code of the State of Chihuahua to include as crimes feminicide and forced disappearance. Presented in March and December 2007. Legislative processing underway.

4. Amendments and additions to the Criminal Code of the State of Sinaloa, criminalizing feminicide and adding a paragraph to article 117 and 117 bis of the state's code of criminal procedure. Presented in November 2007. Legislative processing underway.

Trafficking in persons

1. Initiative reforming and adding articles to the LPSTP and adding article 35 bis to the General Population Act. Presented in June 2009. Intended to harmonize laws concerning the crime of trafficking in persons in light of the international instruments ratified by Mexico. Referred to the Committee on Population, Frontiers and Migration Matters. Pending approval.

2. Draft decree reforming and adding various provisions to the CPF. Presented in December 2009. Would establish more severe penalties for persons who commit the following conduct against juveniles under 14 years of age: trafficking in persons, procuring, corruption of minors, sexual tourism, child pornography, sexual abuse and rape. Referred to the Justice Committee. Pending approval.

3. Draft decree reforming article 3 of the Federal Act on Organized Crime. Presented in December 2009. Would empower the federal Attorney General's office to pursue the crime of trafficking in persons. Referred to the Justice Committee. Pending approval.

4. Draft decree reforming article 141 of the Federal Code of Criminal Procedure. Presented in April 2010. Would give victims of human trafficking the right to protect their identity and other personal data during criminal proceedings. Referred to the Justice Committee. Pending approval.

5. Resolution (Punto de acuerdo) requesting the PGR and the SSP, jointly with other members of the CIPSTP, to protect and provide assistance to victims of trafficking and to sponsor permanent programmes to prevent this crime. Presented in February 2010. It also calls on state legislatures to include human trafficking in their legislation and urges those that already have such legislation to bring it into line with the LPSTP. Pending approval.

II. Article 3

A. Earmarked budget for equality between women and men (PEMIG)

Sourcee: Diario Oficial de la Federación, PEF Annexes 9 A and 10, 2008, 2009 and 2010.

B. Earmarked budget in Annexes 9 A and 10, 2008-2010 aligned with the objectives of PROIGUALDAD (millions of pesos)

6. Economic 5. Capacity 4. Violence 1. Institution 3. Access to 2. Human 7. Decision

promotion building building Justice rights making

Source: INMUJERES/DGEDE, based on annexes 9A and 10of thePEF 2008-2010.

C. Amounts allocated to specific gender programmes of the PCS

Source: INDESOL

F= Female; M= Male.

III. Article 6

A. FEVIM and FEVIMTRA-PGR Preliminary Inquiries

Source: FEVIMTRA. NOTA: inquiries completed and underway during the period do not necessarily correspond to those initiated in that period.

B. Specialized services provided by FEVIM and FEVIMTRA-PGR

Source: FEVIMTRA.

C. Reports of victims of trafficking in persons and related crimes, 2008 and 2009

SE= Sexual Exploitation; C-PRO = Child Prostitution; CM= Corruption of minors; CP=Child Pornography; EM= Exploitation of Minors. Source: FEVIMTRA, June 2010. NOTA: The Procuradurías Generales de Justicia of Quintana Roo and San Luis Potosí, report no preliminary inquiry or

findings relating to the crime of trafficking in persons or related crimes.

D. State legislation on trafficking in persons (updated as of April 2010)

Source: FEVIMTRA.

IV. Article 7 and recommendation 29 from the concluding observations

A. Positions held by women

Executive branch. In June 2010 the lowest female participation in government ministries was in the SCT, at 21.8%. In 2008, the SRE, SEP and SENER (15.8% of all ministries) and 20.3% of departments (Subsecretarías, 12 of 59) were headed by women.

Legislative branch. In the 60th Legislature (2006-2009, women held 19.5% of seats in the Senate and 23.6% in the Chamber of Deputies. At the beginning of the 61st Legislature (2009-2012) they held 140 seats (28%) in the Chamber of Deputies; eight of these female deputies (four from the PVEM, two from the PRI, one from the PT and one from the PRD) subsequently applied for leave and were replaced by male alternates, bringing the female ratio to 25.8% (129 seats). In June 2010 they represented 21.4% of the Senate and 27.2% of the Chamber of Deputies (136 of 500 seats). In any Legislative session, the composition of the chambers is subject to change, leading to shifts in the proportional representation by sex. In April 2010, women chaired eight of the 44 ordinary committees of the Chamber of Deputies and nine of the 39 special committees, while in the Senate they chaired 10 of the 59 ordinary committees and one of the 14 special committees.

Between August 2006 and August 2009, there were 32 occasions on which a deputy was replaced by an alternate of the opposite sex: in 25 cases a man was replaced by a woman and in seven cases a woman by a man, increasing the number of female deputies by 18. In the Senate there were 12 such shifts in August 2009, when eight male senators were replaced by women and four female senators by their male deputies, for a net increase of four female senators.

Popularly elected positions. Comparing data for 2008 with those for the first months of 2010, we find a slight increase in women's participation, with the exception of governorships.

Popularly elected positions, 2008 and 2010