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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mexico (RATIFICATION: 1961)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), the Confederation of Workers of Mexico (CTM), the National Union of Workers (UNT), and the Revolutionary Confederation of Workers and Peasants (CROC), communicated together with the Government’s report.

Article 1(1)(a) of the Convention. Grounds of discrimination in the legislation. The Committee observes that the Federal Act to prevent and eliminate discrimination (LFED) includes “social status” among the grounds for discrimination. The Committee requests the Government to indicate whether social status covers social origin, which is broader and can also refer to the social status of family members in the past.

Discrimination on the basis of race and colour. The Committee notes the information provided by the Government in its report on measures taken to give visibility to and include Afro-Mexican peoples and communities in the census, raise awareness of xenophobia, prevent racial profiling, and train the media on the coverage of events and developments relating to racial discrimination. The Government also refers to objective 5 of the Sectoral Programme for labour and social welfare 2020–24, which aims at labour market integration, particularly of those facing barriers to formal employment. The Committee observes that, according to the National Survey on Discrimination (ENADIS) 2022, “work or school” was the first place of discrimination identified by indigenous persons, persons of African descent, migrants and displaced persons; 4.9 per cent of the population over 18 years of age would refuse to employ persons of African descent, and 9.7 per cent would refuse to employ refugees. The Committee requests the Government to provide information on: (i) any measures taken under the Sectoral Programme for labour and social welfare 2020–24 with a view to preventing discrimination in employment and occupation on the basis of race or colour; and (ii) the employment rates of Afro-Mexican peoples and communities.

Discrimination on the basis of sex and pregnancy. Regarding the application of section 2 of the Federal Labour Act, the Government explains that this provision does not authorize or permit discriminatory treatment on the basis of such differences, but rather refers to the consideration of such differences with a view to promoting decent working conditions and respect for dignity. In relation to cases of discrimination on the basis of pregnancy, the Government indicates that: (1) the Office of the Federal Defender of Workers’ Rights (PROFEDET) provided 879 advisory sessions and legal representation in 19 court cases in this regard; (2) several conciliation resolutions, arbitration awards and two decisions of the Supreme Court were adopted in relation to discriminatory dismissals on the basis of pregnancy. The Government also indicates that the denial or restriction of labour and health rights on the basis of pregnancy is covered by section 149Ter of the Penal Code, and punishable by 1 to 3 years’ imprisonment, 150 to 300 days’ community service and up to 200 days’ fine. The Committee requests the Government to indicate any measures taken to prevent and raise awareness of discrimination on the basis of pregnancy in employment and occupation, in particular with regard to dismissals.

Sexual harassment. The Government indicates, inter alia, that: (1) to help implement section 132 of the Federal Labour Act, a Model Protocol to prevent, address and eradicate violence at work was published, which can be easily replicated in workplaces; and (2) 3,565 advisory sessions were provided under the Protocol for identifying, assisting and supporting users of the PROFEDET in cases of sexual and labour harassment. Regarding the public sector, the Government indicates that: (1) the 2022 Code of Ethics for Public Servants of the Federal Public Administration (APF) requires the avoidance of harassment in the workplace; (2) in 2022, round tables for dialogue were organized to strengthen support for victims of sexual harassment in the APF; and (3) from 2019 to 2023, 3,326 complaints of harassment at work were filed with the Ministry of the Public Service (SFP) and 768 complaints of harassment at work were lodged with the ethics committees. The Committee notes the CROC’s indication in its observations that there is insufficient knowledge on how to implement protocols to prevent discrimination and address cases of violence, harassment and sexual harassment. The Committee requests the Government to provide information on: (i) the measures taken to promote and monitor the implementation of the Model Protocol to prevent, address and eradicate violence at work; and (ii) any measures taken to monitor the round tables for dialogue organized and their impact on the prevention and elimination of sexual harassment in the public sector. The Committee welcomes the efforts made by the Government to address and handle complaints of harassment at work, and requests the Government to continue to provide information in this regard and to indicate how many such complaints concern cases of sexual harassment.

Article 1(1)(b). Discrimination on the grounds of age. Regarding the observations of the Regional Confederation of Mexican Workers (CROM) discussed previously, the Government indicates that the Act on austerity in the Republic did not affect a particular age group of public servants, and that the measures taken in each entity were carried out in accordance with the relevant legislation.

Women domestic workers. The Committee welcomes the Government's indication that, in 2022, sections 239-A to 239-H of the Social Security Act (LSS) were amended to provide for the requirement for employers to register domestic workers under the mandatory social security scheme. The Government indicates that up to June 2023, 60,110 workers were registered. The Committee notes this information and requests the Government to continue providing information in this regard.

Article 2. National equality policy. The Government provides information on the implementation of the National Programme for Equality and Non-discrimination (PRONAIND) 2021–24 and the PRONAIND Progress and Results Report 2022 and indicates that: (1) advice continued to be provided on the certification system of Mexican Standard NMX-R-025-SCFI-2015, with a total of 583 workplaces certified in 2023; and (2) the Young People Building the Future programme developed accessibility strategies for young persons with disabilities or living in isolated or digitally disconnected communities. The Government also provides information on a number of legislative reforms carried out between 2022 and 2023, which aim at: (1) including a reference to the promotion of “real and effective” equality in section 1 of the LFPED; and (2) including in the General Act on the integration of persons with disabilities (LGIPD) terminology related to the promotion of labour rights, decent employment and the inclusion of persons with disabilities in the labour market. The Committee also notes the observations of the UNT indicating a number of challenges in promoting the employment of persons with disabilities, including a lack of legislation regulating the employment of persons with disabilities and a lack of cooperation with employers’ and workers’ organizations in this regard. The Committee welcomes the Government’s monitoring of progress and results, and requests it to continue to provide information on: (i) the implementation and impact of PRONAIND 2019–24 and any subsequent plans to prevent discrimination in employment and occupation; and (ii) the measures taken to seek the cooperation of workers’ and employers’ organizations in the implementation of the national equality policy.

National policy and measures to promote gender equality. The Government provides information on the adoption and implementation of the National Programme for Equality between Women and Men (PROIGUALDAD) 2020–24, and indicates that: 1) through the implementation of PROIGUALDAD and the Programme to Strengthen Gender Mainstreaming (PFTPG), the Women’s Organizations in the Federal Entities (IMEF) carried out a number of initiatives to, inter alia, promote equal access, control and use of goods, resources and services; (2) in 2022, 42 selection competitions were held in the APF institutions for women only; (3) several legislative reforms were adopted between 2022 and 2023 to promote the principle of gender parity. The Committee notes the statistical information provided by the Government on the employment rates of men and women in the public sector, the private sector and the informal economy. The Committee also observes that: (1) according to the National Survey on the Dynamics of Relationships in Households 2021, 21.7 per cent of female wage earners experienced a situation of discrimination at work in the 12 months prior to the survey; and (2) according to the PROIGUALDAD Progress and Results Report 2022, the economic participation rate of women increased from 44.9 per cent in 2019 to 45.1 per cent in 2022 (with a target of 48 per cent in 2024). The Committee also notes the observations of the UNT indicating the persistence of gender stereotypes that perpetuate women’s role as caregivers and men’s role as providers. The Committee requests the Government to continue to provide information on the efforts made to promote women's access to, advancement and retention in employment and occupation and, in particular, to deconstruct stereotypes about women's roles and aspirations.

Enforcement and access to justice. The Government indicates that: (1) no inspections focus exclusively on discrimination, but inspectors are empowered to take action if they identify specific cases; (2) The National Council for the Prevention of Discrimination (CONAPRED) handles cases of discrimination through an administrative complaint procedure that primarily aims at conciliation between the parties; and (3) the services offered by PROFEDET have been diversified and its web platform disseminates information and guidance to various population groups. The Committee notes that, in their respective observations, the UNT indicates a lack of provision in the Federal Labour Act for reparation and non-repetition of discriminatory acts, and the CROC indicates that the CONAPRED has limited national coverage and that not all states have a body to deal with complaints of discrimination.

The Committee also notes the detailed statistics provided by the Government on complaints and advice on cases of discrimination and harassment at work (including a compendium of court decisions and arbitration awards). While noting the Government’s efforts to address and monitor cases of discrimination at work, and while recognizing the value of conciliation mechanisms in resolving certain cases of discrimination, the Committee observes that it appears from the statistics that few of the complaints or grievances filed appear to reach a substantive decision by the competent mechanisms, that a small proportion of the advice sessions provided appear to lead to the initiation of judicial proceedings, and that a large proportion of the complaints of harassment at work are dismissed due to a lack of evidence. The Committee recalls that some of the obstacles that may be encountered when accessing procedures and mechanisms include cost, delays, representation, the burden of proof, and fear of victimization (see General Survey of 2012 on the fundamental Conventions, paragraphs 884–886). The Committee requests the Government to indicate whether measures have been envisaged to assess the functioning of the available procedures and, in particular, to identify whether there are specific factors that explain the low proportion of cases that reach a substantive decision in relation to the total number of claims and complaints filed (such as, for example, potential costs, fear of reprisals or difficulty in meeting the burden of proof).