Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre la edad mínima, 1973 (núm. 138) - México (Ratificación : 2015)

Otros comentarios sobre C138

Observación

2023

Solicitud directa

2023
2018

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The Committee notes the Government’s first report.

Article 1 of the Convention. National policy and application in practice of the Convention. The Committee notes the Government’s indication that the National Development Plan 2013–18 is the strategic document setting out the national objectives, priorities and actions for comprehensive development. The elimination of child labour is an integral part of the action lines of Objective IV, which is the promotion of dignified and decent work. In order to achieve this objective, the Government indicates that it has undertaken the legislative reform of Article 123, Section A, Part III of the Political Constitution of the United Mexican States, raising the minimum age for admission to employment from 14 years to 15 years of age.

The Committee notes the various programmes of action implemented by the Government for the elimination of child labour: (i) the “Prospera” programme, which aims to establish progressively economic and social measures to reduce poverty and guarantee living conditions and incomes that contribute to the progressive elimination of child labour. Within the framework of this programme, beneficiary families with children between the ages of zero and nine years receive “child support”, which comprises a monthly cash allowance for each girl or boy in this age group, to contribute to their improved development. The actions included in the educational component of the programme contribute to increasing enrolment and continued and regular attendance in basic and compulsory schooling among the members of the beneficiary families. The Government indicates that an evaluation of the programme’s impact conducted in 2013 demonstrated its significant effect on reducing child labour; (ii) the National Programme for the Protection of Children and Young Persons (PRONAPINNA) 2016–18, published in the Official Gazette on 16 August 2017, sets out strategies and areas of work and facilitates the articulation of the public administration at the three levels of government (central, federal and municipal) and the private and social sectors; (iii) the Care Programme for At-risk Minors and Young Persons (PAMAR), coordinated by the National System for Comprehensive Family Development, has the principal objective of organizing and implementing specific prevention and care actions for children, delivered through the PAMAR centres in vulnerable communities in the State, and providing tools to strengthen capacity-building for the protection of girls, boys and young persons and their families and communities; (iv) the establishment by the Ministry of Labour and Social Security (STPS) of the Interministerial Committee for the Prevention and Elimination of Child Labour and the Protection of Young Persons in Permitted Employment in Mexico, published in the Official Gazette of 27 June 2013. Its aim is to coordinate public administration bodies in the formulation, implementation and evaluation of policies, programmes and actions in this area on the basis of the legislation in force; and (v) the “Label for a Mexico without child labour” programme, which constitutes recognition by the Government of the federal, state and municipal public institutions, private and social sector organizations, trade unions, and confederations of chambers and employers’ associations that contribute to programmes, policies or actions for the prevention and elimination of child labour and the protection of young persons in permitted employment. The Committee requests the Government to provide information on the implementation of the various programmes and the results achieved in the elimination of child labour.

Article 2(1). 1. Minimum age for admission to employment or work. When ratifying the Convention, the United Mexican States fixed the minimum age for admission to employment or work in the country at 15 years of age, in accordance with Article 2(1) of the Convention.

The Committee notes in the Government’s report the amendments to Article 123, Section A, Part III of the Political Constitution of the United Mexican States raising the minimum age from 14 to 15 years, officially issued in June 2014. Chapter I of the general provisions of the Federal Labour Act, section 22bis, is in line with the minimum age established in the Constitution and prohibits the work of children under the age of 15 years and the employment of children over 15 and under 18 years of age who have not finished their compulsory basic education, except in the event of an authorization from the competent labour authority, which decides whether the employment is compatible with studying.

2. Scope of application. The Committee notes that, according to its 2015 concluding observations (CRC/C/MEX/CO/4-5), the Committee on the Rights of the Child remains deeply concerned that hundreds of thousands of children, at times as young as 5 years old, continue to work and do not receive a salary. It is further concerned at the insufficient measures taken to address child domestic labour, which particularly affects girls, as well as the involvement of children, especially children of migrant farmworkers, in agriculture. According to the National Survey on Occupation and Employment conducted by the National Institute for Statistics and Geography (INEGI), in 2017, agricultural activities accounted for 34.9 per cent of child labour, construction, industry and mining accounted for 24 per cent, and the activities of market vendors and traders accounted for 14.6 per cent. Of the children subjected to these conditions, 39.2 per cent do not receive any type of remuneration, while 31.3 per cent earn less than the minimum wage. Furthermore, the Committee notes that, according to the 2017 statistical estimates of the INEGI, 21 million children aged between five and 17 years perform domestic work at home without receiving any remuneration, of which 1.4 million work in inappropriate conditions.

The Committee notes that section 23 of the Federal Labour Act protects children under the age of 15 years working outside the family, and that section 995bis provides for the immediate cessation of work and establishes penalties. However, the Committee notes the absence of protection for children under the age of 15 years engaged in work within the family. The Committee requests the Government to amend section 23 of the Federal Labour Act to ensure that all children under the age of 15 years, including children working in family enterprises or performing domestic work, benefit from the protection afforded by the Convention. The Committee requests the Government to take the necessary measures to ensure the protection of children against child labour by ensuring compliance with the minimum age for admission to employment, particularly for child migrant workers in agriculture and children engaged in domestic work.

Article 2(3). Age of completion of compulsory schooling. The Committee notes the Government’s indication that compulsory schooling is envisaged by article 3 of the Constitution, under which “all individuals have the right to receive an education. The State shall provide preschool, primary, middle school and high school. Preschool, primary and middle school education constitute basic education and shall be compulsory, as shall high school education.” The General Education Act was published in the Official Gazette of 13 July 1993 and amended in January 2018 (DOF 19-01-2018). The Public Education Secretariat, in collaboration with authorities and teachers, conducted a review of the compulsory education model, within the framework of section 12 of the General Education Act, which provides for the updating and development of study plans and programmes for basic education, in accordance with the needs identified as a result of evaluations.

The Committee notes the indications by the National Education System that basic education comprises three levels: preschool, primary and middle school. Preschool education is for children aged from three to five years and primary education is for children aged from six to 12 years. Completion of primary education is accredited by an official certificate which is a prerequisite for entry into middle school. Middle school is for children aged from 13 to 15 years. Completion of middle school is accredited by an official certificate for entry into the second cycle of secondary education.

The Committee notes that the child labour module of the national household survey, conducted using National Institute for Statistics and Geography statistics, covers children aged between five and 17 years and is based on three types of measurement (hazardous work, work under the minimum age of 15 years and certain domestic activities that are hazardous or not appropriate for children). The most recent statistics from 2017 indicate that 7.2 per cent of children aged between five and 17 years do not participate in basic education. Of these children, 39.6 per cent are engaged in work not permitted by the labour legislation, 56.9 per cent do not work and 3.5 per cent are engaged in work permitted by the labour legislation. The proportion of children and young persons in secondary education engaged in prohibited activities amounts to 20.9 per cent. At the regional level, the State of Chiapas has the highest rate of school absenteeism at 14 per cent, while the State of Mexico has the lowest school absenteeism rate at 2.8 per cent. There are also disparities in the child labour rate at the state level, with a high rate in the State of Nayarit and the State of Zacatecas (19.7 and 18.9 per cent, respectively) and a low child labour rate in the State of Querétaro and the State of Mexico (5.3 and 5.4 per cent, respectively). Considering that compulsory education is one of the most effective methods of combating child labour, the Committee requests the Government to take the necessary measures with a view to guaranteeing in practice that all children up to the age of 15 years have access to compulsory education, paying special attention to areas with high rates of absenteeism. It also requests the Government to provide specific information on the implementation of the new education model and to provide detailed statistics, disaggregated by sex, ethnicity and region, on the results achieved.

Article 3(1) and (2). Minimum age for admission to hazardous work and the determination of hazardous types of work. Regarding the determination of hazardous types of work, the Committee refers to its detailed comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(1) and (3). Minimum age for admission to light work and the determination of light work. The Committee notes the Government’s indication that, when ratifying the Convention, the minimum age for admission to employment was set at 15 years and, for this reason, there is no exception for workers of this age. Recalling the high number of children under the age of 15 years engaged in family and domestic work who are often not remunerated, the Committee encourages the Government to regulate light work, in conformity with Article 7(1) and (3) of the Convention, which provides that national laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work which is not likely to be harmful to their health or development and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken.

Article 8(1) and (2). Artistic performances. The Committee notes the Government’s indication that, when ratifying the Convention, the minimum age for admission to employment was set at 15 years and, for this reason, there is no exception for the participation of children in artistic performances.

Nevertheless, the Committee notes the indication in the Government’s report that Chapter 5, section 175bis, of the Federal Labour Act indicates that artistic production, scientific development, sport, musical talent or artistic and visual performance are not considered to be work when children under the age of 15 years are under the responsibility, supervision and care of parents or legal guardians, under the following conditions: (a) the parents or legal guardians must provide signed written consent to the competent authorities indicating the agreement of the applicant to abide by the Constitution, international conventions and federal and local laws for the protection of children; (b) the activities performed by the child must not be detrimental to the successful completion of their compulsory education and their leisure activities and the activities must not involve a risk to their health or safety; and (c) the compensation received by the child engaged in these activities shall not be lower than that received as wages by a child over the age of 15 and under the age of 18 years. The Committee requests the Government to indicate whether, in practice, children under the age of 15 years participate in artistic performances outside the family. If so, the Committee requests the Government to indicate the measures taken or envisaged to issue authorization and the conditions under which such authorization is granted to children who wish to participate in artistic performances.

Article 9(1). Penalties. The Committee notes from the Government’s report that the Federal Penal Code of 1931 establishes penalties for those who engage children under the age of 18 years in work that is not permitted. Section 201bis indicates that “it shall be prohibited to engage persons under the age of 18 years in work in canteens, taverns, bars, clubs, establishments of ill repute or any other place that could have a negative effect on their physical, mental or emotional development. … The same penalty shall be imposed on mothers, fathers, guardians or carers who accept or promote the employment in such establishments of their children under the age of 18 years or other children under the age of 18 years in their custody or under their guardianship or care.”

The Committee also notes that section 47 of the Act on the protection of the rights of children and young persons requires the federal authorities to take the necessary measures to prevent, provide care and penalize cases in which girls, boys and young persons are affected by: (i) work before the minimum age of 15 years, provided for in article 123 of the Constitution and other applicable provisions; and (ii) work by young persons over the age of 15 years that could be detrimental to their health, education or physical or mental development, labour exploitation, the worst forms of child labour and forced labour, in accordance with the provisions of the Constitution and other applicable provisions.

The Committee notes that section 23 of the Federal Labour Act provides that, when the labour authorities identify a child under the age of 15 years working outside the family, they shall order that work to cease immediately. The employer shall be penalized in line with section 995bis of the Act with a prison sentence of between one and four years and a fine of 250 to 5,000 times the general minimum wage. The Committee requests the Government to provide information on the application in practice of the relevant provisions in the context of sanctions for employers who engage children under the age of 15 and 18 years in hazardous work. The Committee also requests the Government to provide information on the specific penalties imposed.

Labour inspection and application of the Convention in practice. The Committee notes from the Government’s report that, between 1 June 2015 and 30 June 2017, the General Directorate of the Federal Labour Inspectorate (DGIFT) conducted 245,019 inspections, covering 9,982,393 workers and identifying 7,748 cases of child labour. Of the children identified, 34 were under the age of 15 years. In conformity with the protocol on the elimination of child labour and the protection of young persons in permitted employment, children under the age of 15 years were immediately removed from the workplace.

The Committee notes that, according to the survey module on child labour of the National Institute for Statistics and Geography, in 2017, some 3.2 million children between the ages of five and 17 years were engaged in child labour, representing 11 per cent of children in this age group. Of this 11 per cent, 6.4 per cent were engaged in prohibited activities and 4 per cent were engaged in domestic work, and all were subject to inappropriate working conditions. According to the same source, between 2016 and 2017, the rate of child labour fell from 9.5 per cent to 8.9 per cent in areas with low rates of urbanization and from 5 per cent to 4.6 per cent in areas with high rates of urbanization. The Committee requests the Government to provide information on the number of children under the age of 15 years engaged in child labour, the number and the nature of the violations and the investigations conducted. In so far as possible, the information provided should be disaggregated by sex.