Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Sexual harassment. With reference to its general observation of 2002, the Committee notes the information provided by the Government to the effect that Mexican labour legislation does not contain an explicit provision prohibiting sexual harassment in employment or education. However, the Government states that the prohibition of sexual harassment can be inferred from the legislation and sanctions are established on the basis of the Political Constitution and the Federal Labour Act in sections 2, 3, 5, 31, 46, 50, 51 (I and IX), 52, 56, 86, 132, 133 (I and VII), the provisions of which may serve as a basis for action to terminate the employment relationship, without the victim being at fault and with the payment of the corresponding compensation. Furthermore, sexual harassment is classified as an offence in section 259bis of the Federal Penal Code. It also indicates that, during the period covered by the report, no complaints of sexual harassment are known to have been brought to the competent labour authorities.

2. The Committee requests the Government to indicate whether it has considered introducing measures and easily accessible procedures for women workers to complain of sexual harassment, and also whether it has envisaged the possibility that complaints of sexual harassment in the workplace should not result in the termination of the victim’s employment since, even though the victim is entitled to compensation, the dismissal of the victim is a penalty against the victim rather than the harasser and may dissuade victims from bringing complaints. As indicated by the Committee in its General Survey of 1988 on equality in employment and occupation, "effective protection against discrimination in employment presupposes recognition of the principle of protection against dismissal" (paragraph 226).

3. The Committee notes the information on labour inspections, and particularly that between 1 January 2003 and 30 June 2004, a total of 10,898 inspections were carried out of general conditions of work in enterprises subject to the federal jurisdiction throughout the country, without detecting any violations related to the Convention through the inspections or complaints from workers. The Committee recalls that the promotion of equality of opportunity and treatment does not aim at a stable situation that may be attained once and for all, but rather requires a permanent process in which the functions of monitoring, advice and information which have to be undertaken by the labour inspection services are mutually reinforcing and supplementary. Noting the absence of detection of violations by the labour inspectors does not imply that equality has been achieved, the Committee would therefore be grateful if the Government would indicate whether labour inspectors have received the necessary training in all matters relating to equality of opportunity and treatment so that they can provide advice and appropriate information in this field.

4. The Government also indicates that since 2002 the National Institute for Women has been organizing workshops with trade union organizations on gender and work in which it has included the subject of sexual harassment with a view to raising awareness, prevention and the establishment of measures by trade unions to repress sexual harassment. It also refers to conferences held on this subject. With regard to cooperation with organizations of employers and workers to address sexual harassment through collective agreements and policies, the Government indicates that up to now no occupational organization has provided the Government of Mexico with information on the existence of this type of cooperation. The Committee would be grateful if the Government would indicate whether, during the period covered by its next report, cooperation initiatives have been undertaken with employers’ and workers’ organizations to address the issue of sexual harassment.