| For a summary of Mexico’s review at the first UPR cycle please click here. |
17th UPR session
Date of review: 23 October 2013
Date of report adoption: 20 March 2014
Working Group report: A/HRC/25/7
| SUMMARY
SOGIESC issues during Mexico’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Conduct public awareness campaigns against social prejudices and for upholding the principle of equality and non-discrimination regardless of sexual orientation and/or gender identity;
- Implement a national programme to eradicate homophobic, anti-lesbian and transphobic bullying at all levels of education;
- Broaden the category of gender in the Constitution by adding “gender identity and/or expression” in order to include transgender, transsexual, transvestite and intersex persons;
- Apply due process in cases involving homophobic and transphobic hate crimes and ensure investigation procedures are thorough;
- Take efforts to ensure the right to recognition before the law of transgender persons, including ensuring that identity documentation reflects a person’s gender identity.
II. Excerpts from input reports
National report
No references.
Compilation of UN information
III. Implementation of international human rights obligations
A. Equality and non-discrimination
34. The HR Committee was concerned at discrimination based on sexual orientation and urged Mexico to combat social prejudice.
B. Right to life, liberty and security of the person
47. The HR Committee urged Mexico to investigate violence against lesbian, gay, bisexual and transgender persons.
Summary of stakeholders’ information
C. Implementation of international human rights obligations
1. Equality and non-discrimination
36. JS2 pointed out that, although the prohibition against discrimination based on “sexual preferences” was incorporated into the Constitution in 2011, it has not translated into policies that would permit the full exercise of their human rights by the lesbian, gay, bisexual, transgender, transsexual, transvestite and intersexual communities (LGBTTTI), the UPR recommendations notwithstanding. JS2 recommended that the category of gender in the Constitution be broadened by adding “(gender) identity and/or expression” in order to include transgender, transsexual, transvestite and intersexual persons. It also stated that the National Council for the Prevention of Discrimination (CONAPRED) should be free to investigate and punish anyone who contravenes the Federal Act to Prevent and Eliminate Discrimination.
37. JS2 recommended that efforts be made to promote the implementation of a national programme to eradicate homophobic, anti-lesbian and transphobic bullying at all levels of education.
3. Administration of justice, including impunity, and the rule of law
55. JS2 recommended that due process be applied in cases involving homophobic hate crimes and that investigation procedures be improved.
4. Right to privacy, marriage and family life
62. JS2 recommended that legislation be introduced under which the social security coverage enjoyed by one spouse in a same-sex marriage could be extended to the other spouse and his or her descendants and that legislation be introduced which provides that, in cases of gender reassignment, the biological gender of a transgender person would not appear on the person’s new birth certificate.
8. Right to health
79. JS2 indicated that no policies were in place on comprehensive health care for LGBTTTI persons, particularly those living with HIV/AIDS or other sexually transmitted infections, those who suffer from chronic degenerative diseases and victims of violence.
III. Conclusions and/or recommendations
The following recommendations enjoyed the support of Mexico:
148.39. Carry out follow-up mechanisms on UPR recommendations that enable to verify the implementation and impact of norms and measures adopted to promote equal rights and non-discrimination for all citizens, particularly vulnerable groups such as women, children, ethnic minorities and LGBT communities, among others (Colombia);
148.154. Intensify efforts to guarantee universal access to health services, information and education on health and sexual and reproductive rights, particularly for adolescents (Uruguay).
The following recommendation was rejected by Mexico:
148.114. Preserve and protect the natural family institution and marriage as the conjugal union between a man and a woman based on their free consent (Holy See).
IV. Adoption of the Report
The report of the working group was adopted at the 25th regular session of the Human Rights Council in March 2014.
STATEMENTS
Mexico
The Mexican government said the recommendations accepted would promote protection of persons in vulnerability in any form of discrimination based on gender, race, religion and sexual orientation. The acceptance of the recommendations coincides with today’s publication of the reforms to the Law to Prevent and Fight Against Discrimination that extends the protection. The Mexican Government accepted all the recommendations related to sexual and reproductive rights, reducing inequality and gender stereotypes.
Malaysia
My delegation appreciates the openness and transparent approach demonstrated by Mexico in its UPR process. Malaysia acknowledges the continuous efforts made by Mexico in the promotion and protection of human rights in various areas including poverty eradication and gender equality, among others.
India
My delegation thanks the Government of Mexico for accepting our recommendation to focus on marginalized groups of the society. In this regard we also take positive note that the country has made laudable progress in reducing poverty and inequality.
Save the Children
In Guerrero and Oaxaca states, mortality rates double the national average of 43 maternal deaths for every 100 thousand births and 54% of them affect indigenous women. Save the Children calls Mexico to guarantee access to a universal health care services system prior to, during and after child delivery, especially for women and families with living conditions below the poverty line, to develop family planning policies and to ensure access to birth control methods.
Action Canada for Population and Development / Sexual Rights Initiative
Mexican government must note that gender stereotypes are still very strong in Mexico and are a significant obstacle to the realization of women’s and LGBT people human rights and sexual and reproductive rights. The measures to eliminate gender-based discrimination and violence adopted by Mexico do not recognize the concept of gender identity; consequently these measures do not protect persons from discrimination on the grounds of gender identity.
Violence against transgender people remains high and systematic in many aspects, at institutional such as within educational, health, legal systems as well as domestic and social levels. It also called the attention that there is enough evidence that violations of LGBT people human rights remains in Mexican society.
Concluding remarks from the Mexican delegation
Mexico announced that in the following days, the Decree to combat Homophobia would be published.
V. Further information
UPR Documentation