Minimum Age Convention, 1973 (No. 138) - Mexico (Ratification: 2015)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1 of the Convention. National policy and application in practice of the Convention. The Committee notes, from the Government’s report, the adoption of a new National Programme for the Protection of Children and Young Persons (PRONAPINNA) 2021–24, which continues to set 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. Among these strategies, the Committee notes Priority Strategy 3.4 which aims to “promote the eradication of child labour and comprehensively protect the rights of working adolescents of permitted age”, and Action point 3.4.1 “strengthen and coordinate the mechanisms implemented by the Federal Public Administration (APF) to prevent and eliminate child labour”.

The Committee also notes the adoption of the Labour and Social Welfare Sectoral Programme 2020–24, which outlines the need to address the structural causes of child labour as a priority and implement strategic actions to prevent and eradicate it. As part of the efforts established in the Sectoral Programme, the Secretariat of Labour and Social Welfare, through the Inter-ministerial Commission for the Prevention and Eradication of Child Labour and the Protection of Adolescents Workers of Permitted Age in Mexico (CITI), created in June 2020 the National Network of Local Commissions for the Prevention and Eradication of Child Labour and the Protection of Adolescent Workers of Permitted Age. The objective of this National Network is to strengthen and improve the articulation of the institutions at the three levels of government, to carry out actions of prevention and eradication of child labour as well as restitution of their rights. The Government also indicates that, in December 2021, the CITI approved a Work Plan 2021–24 to strengthen the surveillance mechanisms to combat child labour and its worst forms, promoting effective complaint mechanisms through actions such as: (1) updating and publishing the Labour Inspection Protocol on the eradication of child labour and the protection of permitted adolescent work; (2) strengthening the coordination between relevant authorities; (3) promoting a mechanism for handling and monitoring complaints relating to child labour; and (4) integrating into inspection programmes identification criteria of child labour, in order to improve the effectiveness of investigations.

The Committee welcomes the Government’s indication that, in 2022, it started the implementation phase of the project “Building a Comprehensive Government Approach towards Combating Child Labour and Forced Labour in Mexico” (ACCIONNAR), in cooperation with the Department of Labour of the United States of America (USDOL) and the ILO. The project will run until 2027, with the objective of ensuring a better coordination between all levels of government authorities for a better implementation of laws, policies and programmes to combat child labour in all its forms, forced labour and trafficking in persons. The Committee welcomes the measures taken by the Government and requests it to provide information on the implementation of the PRONAPINNA 2021–24, the Labour and Social Welfare Sectoral Programme 2020-2024 and the ACCIONNAR Project, and their impact on the elimination of child labour. The Committee also requests the Government to provide information on the activities of the National Network of Local Commissions for the Prevention and Eradication of Child Labour with regard to the prevention of child labour and ensuring its progressive elimination.

Child domestic workers and child migrant workers in agriculture. With regard to its previous comments on the measures taken to address child domestic labour, which particularly affects girls, the Committee notes with interest the adoption of Decree of 2 July 2019 amending the Federal Labour Act, which inserts a new section 331 bis prohibiting the employment of children younger than 15 years in domestic work and allowing the employment of young persons of more than 15 years in domestic work. Such work may be carried out provided that the employer shall: (1) request a medical certificate from a public health institution at least twice a year; (2) set working hours that do not exceed six hours daily and 36 hours weekly; and (3) avoid employing young persons over 15 years of age who have not completed their compulsory education, except when the employer takes the responsibility of ensuring its completion. The Committee notes, from the 2019 National Survey on Child Labour (ENTI) of the National Institute of Statistics and Geography (INEGI), that in 2019, 19.3 million children aged 5 to 17 years were engaged in domestic chores in their homes, and that among these, 1.2 million were doing so during prolonged hours or in a dangerous environment or a dangerous place.

With regard to the involvement of children, especially children of migrant farmworkers, in agriculture, the Committee notes the Government’s indication that, in December 2021, it adopted the National Programme for the Protection of Children and Adolescents 2021–24, the main strategy of which is the implementation of actions and programmes for the educational inclusion of girls, boys and adolescents at risk of child labour, with emphasis on migrant families in agricultural work and those who perform domestic work. The Government also indicates that Specific action 2.1.9 of PRONOPINNA 2021-2024 seeks to “coordinate strategies, actions and programmes for the educational inclusion of children and adolescents at risk of child labour, with emphasis on families who are migrant agricultural workers and children engaged in paid domestic work”. The Committee requests the Government to continue providing information on the measures taken to ensure the protection of children from 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(1). Scope of application. Informal economy. In its report under the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicates that according to the 2019 ENTI Survey, the rate of child labour in informal activities in urban areas decreased from 4.6 per cent in 2017 to 4.3 per cent in 2019. The Government indicates that Mexico City has registered the most significant advances in the reduction of child labour in urban areas: among the 50,000 children under 18 years of age engaged in child labour, 1,553 worked in the streets, and 752 engaged in commercial activities on public roads and in the stations of the Collective Transport system, for a total of 2,305 children in informal activities. The Committee notes with interest the Government’s indication that, through the Child Labour Attention Strategy launched in August 2020, 1,423 children were removed from the informal economy in Mexico City. The Committee requests the Government to provide information on the measures taken to protect children and prevent them from engaging in child labour in informal activities, with an emphasis on children in urban areas, including their impact and the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee notes the Government’s indication that article 3 of the Constitution, on compulsory education, was amended by Decree published in the Diario Oficial on 15 May 2019. It notes with interest that the amendment adds a paragraph providing that compulsory education shall also be “universal, inclusive, public, free and secular”. The Government further states that, for the year 2020–21, the enrolment rate for basic education (up to 14 years) was 92 per cent, a decrease compared to previous years (94 per cent in 2019–20 and 95.2 per cent in 2017–18). The Committee notes the Government’s explanation that the decrease in the enrolment rate is partly due to the measures of confinement during the COVID-19 pandemic, and to the progressive decline in births in the country. It adds that, to ensure a wide educational coverage, it has increased the allocated budget to education in 2021 compared to 2020. Considering that compulsory education is one of the most effective methods of combating child labour, the Committee requests the Government to continue providing information on the measures taken with a view to guaranteeing in practice that all children up to the age of 15 years have access to compulsory education.

Article 8. Artistic performances. The Committee recalls that section 175 bis of the Federal Labour Act provides that, under certain conditions, artistic production, scientific development, sport, musical talent or artistic and visual performances 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. It notes that the Government does not provide information on the measures taken to ensure that children who participate in such activities are protected by the Convention, but merely refers to sections 60 and 61 of the General Act on the rights of boys, girls and young persons, which guarantee children’s right to rest and leisure. The Committee once again requests the Government to indicate whether, in practice, children under the age of 15 years participate in artistic performances, within or outside the family. If so, the Committee requests the Government to indicate the measures taken to establish, in practice, a system of issuing individual permits for children under 15 years of age who are engaged in artistic performances, and determine the conditions under which such authorizations are granted.

Article 9(1). Penalties. The Committee notes the Government’s indication that, during the period 2020–21, 215 labour violations were noted at the local level for cases of child labour, but that the types and amounts of the penalties imposed were not registered. The Committee requests the Government to provide detailed information on: (i) the application in practice of the penalties established in the Federal Penal Code and the Federal Labour Law, in the context of sanctions for employers who engage children under the age of 18 years in hazardous work and those who engage children under the age of 15 years for work or employment; and (ii) to ensure that this information include the number and type of offences committed, and the penalties imposed.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 2(1) of the Convention. Scope of application. Children working in family enterprises.Recalling that under Article 2(1) of the Convention, no children under the minimum age (15 years) shall be admitted to employment or work in any occupation, and in the absence of information from the Government, the Committee once again requests the Government to amend section 23 of the Federal Labour Act, which prohibits the employment or work of children under the age of 15 years for work outside the family, to also apply to all children working within family enterprises or performing domestic work within the family.

Article 3(1) and (2). Minimum age for admission to hazardous work and 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 determination of light work. The Committee notes, from the 2019 National Survey on Child Labour (ENTI), that 19.3 million children aged 5 to 17 years perform domestic chores in their family. It also notes the Government’s reiterated statement, in its report, that there is no exception to the minimum age for admission to work, set at 15 years. Noting 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.

Labour inspection and application of the Convention in practice. The Committee notes, from the 2019 ENTI Survey that: (1) a total of 3.3 million children aged 5 to 17 years are engaged in child labour, representing 11.5 per cent of children; (2) 900,000 children aged 5 to 14 years are working; (3) child labour is prevalent in agricultural activities, forestry, hunting and fishing (31.6 per cent), mines, construction and industry (24.5 per cent), commercial and sale activities (14 per cent), and street selling (7.9 per cent); and (4) despite a steady decrease in the number of children aged 5 to 15 years working since 2007, it increased in 2019 (6.9 per cent of children aged 5 to 15 years were working in 2007, 4.6 per cent in 2013, 3.6 per cent in 2017 and 4.1 per cent in 2019).

The Committee notes the Government’s indication that, between December 2018 and June 2022, the Decent Work Unit of the Labour Inspectorate carried out 111,847 inspections relating to general working conditions, which included child labour inspections, and it detected no cases of child labour. The Committee notes with concern that despite the recent increase in the number of children working under the minimum age of 15, no cases of child labour were detected by the labour inspectorate. Noting that while the ENTI Survey indicates an increase in child labour and that the labour inspections have not detected cases of child labour, the Committee requests the Government to follow-up on the information derived from the Survey by taking the necessary measures to monitor and identify cases of child labour and to provide information on the results achieved in this regard. It also requests the Government to provide updated information on the number of children under the age of 15 years engaged in child labour and those under 18 years of age engaged in hazardous work, as well as the number and the nature of the violations detected and the investigations conducted. In so far as possible, the information provided should be disaggregated by age and gender.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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.