Country profile MEX
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2019 | 5-17 | 1.872 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 3.479 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 5.001 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 3.386 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2019 | 5-17 | 4.726 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2019 | 5-17 | 5.994 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1931-08-14 | C182 | Federal Penal Code - Articles 52, 193, 199 and 201 | [{"link_name":"Federal Penal Code","source_link":"https://mexico.justia.com/federales/codigos/codigo-penal-federal/"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 199 of the Code states that, a prison term of five to fifteen years and a fine of one hundred to three hundred days, as well as confiscation of the instruments, objects and products of Article 201: The crime of corruption of minors is committed by anyone who forces, induces, facilitates or procures one or more persons under 18 years of age or one or more persons who do not have the capacity to understand the meaning of the act or one or more persons who do not have the capacity to resist it to perform any of the following acts: a) Habitual consumption of alcoholic beverages; b) Consumption of toxic substances or consumption of any of the narcotics referred to in the first paragraph of Article 193 of this Code or drug dependency; c) Mendicancy for the purpose of exploitation; d) Commission of any crime; e) Being part of a criminal association; c) Begging for the purpose of exploitation; d) Commission of a crime; e) Forming part of a criminal association; (f) Engaging in acts of physical or sexual exhibitionism, whether simulated or not, for lewd or sexual purposes. Whoever commits this offense shall be punished: In the case of subparagraph a) or b), a prison sentence of five to ten years and a fine of five hundred to one thousand days; in the case of subparagraph c), a prison sentence of four to nine years and a fine of four hundred to nine hundred days; in the case of subparagraph d), the provisions of Article 52, Chapter I, Title Three, of this Code shall apply; in the case of subparagraph e) or f), a prison sentence of seven to twelve years and a fine of eight hundred to two thousand five hundred days. In the case of begging due to poverty or abandonment, it shall be taken care of by social assistance. Corruption shall not be understood as corruption, preventive, educational or any other type of programs designed and taught by public, private or social institutions whose purpose is sexual education, education on reproductive function, prevention of sexually transmitted diseases and teenage pregnancy, provided they are approved by the competent authority; photographs, video recordings, audio recordings or still or moving images, printed, captured or contained or reproduced in magnetic, electronic or other types of media and which constitute family souvenirs. In case of doubt, the judge shall request expert opinions to evaluate the conduct in question. When it is not possible to determine with precision the age of the offended person or persons, the judge shall request the corresponding expert opinions. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 14-08-1931 ; 2012-06-12 | C182 | Federal Penal Code - Article 200 ; General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking - Article 13 | [{"link_name":"-Federal Penal Code","source_link":"https://mexico.justia.com/federales/codigos/codigo-penal-federal/"},{"link_name":"-General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking","source_link":"https://www.gob.mx/cms/uploads/attachment/file/310904/LEY_GPSEDM_TRATA_19-01-2018.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 200 of the Federal Penal Code provides that, whoever trades, distributes, exposes, circulates or offers, to minors under eighteen years of age, books, writings, recordings, films, photographs, printed advertisements, images or objects, of a pornographic nature, real or simulated, either physically or through any means, shall be sentenced to six months to five years in prison and a fine of three hundred to five hundred days. Pornographic or harmful material shall not be understood as that which means or has as its purpose the scientific, artistic or technical dissemination, or in its case, sexual education, education on the role of women Article 200. - Whoever trades, distributes, exhibits, circulates or offers, to minors under eighteen years of age, books, writings, recordings, films, photographs, printed advertisements, images or objects of a pornographic nature, real or simulated, either physically or through any means, shall be sentenced to six months to five years in prison and a fine of three hundred to five hundred days. Pornographic or harmful material shall not be understood as that which means or has as its purpose the scientific, artistic or technical dissemination, or in its case, sexual education, education on the functioning of the sexual function of a person, or the use of pornographic or harmful material, shall be punished with six months to five years imprisonment. Article 205 Bis: The penalties set forth in Articles 200, 201, 202, 202, 203, 203 Bis, 204 and 209 Bis of this Code shall be imprescriptible. Likewise, the penalties set forth in said articles shall be increased to double the corresponding penalty when the perpetrator has any of the following relationships with the victim: a) Those who exercise parental authority, guardianship or custody; b) Ascendants or descendants without degree limit; c) Relatives in collateral line up to the fourth degree; d) Guardians or curators; e) Anyone who exercises over the victim by virtue of an employment, teaching, domestic, medical or any other relationship that implies subordination of the victim; f) Whoever uses a public function to commit the crime; g) Whoever lives in the same domicile of the victim; h) The minister of a religious cult; i) When the perpetrator uses physical, psychological or moral violence against the victim; and j) Whoever is linked to the victim by a bond of affection or friendship, gratitude, or any other bond that may influence in obtaining the victim's trust. In the cases of paragraphs a), b), c) and d), in addition to the penalties indicated, the perpetrators of the crime shall lose parental authority, guardianship or conservatorship, as the case may be, with respect to all their descendants, the right to food that may correspond to them due to their relationship with the victim and the right that they may have with respect to the victim's assets. In the cases of paragraphs e), f) and h), if the person committing the crime is a public servant or minister of a religious cult, in addition to the penalties indicated, he or she shall be punished with dismissal and disqualification from holding the position or commission or any other public or similar position, for a period equal to the penalty imposed. In all cases the judge will agree on the pertinent measures so that the offender is permanently prohibited from having any type of contact or relationship with the victim. Moreover, it should be noted that Article 13 of the General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking also punishes the use of a person for the purpose of prostitution or pornography and stipulates that, in the case of minors or persons who do not have the capacity to understand the significance of the act, verification of the means referred to in this article shall not be required. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1940-09-11 | C182 | Military Service Law - Article 5 | [{"link_name":"Military Service Law","source_link":"https://archivos.juridicas.unam.mx/www/bjv/libros/6/2883/67.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 5 states that the service of arms shall be rendered for one year in the active Army, for those who are 18 years of age up to 30 years of age, in the 1st Reserve, up to 40 years of age, in the 2nd Reserve. Classes and officers will serve in the 1st Reserve up to 33 and 36 years of age respectively and up to 45 and 50 years of age in the 2nd Reserve. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2022-03-23 ; 2012-06-14 | C182 | General Law on the Rights of Children and Adolescents - Article 47 (III) ; General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking - Article 2 | [{"link_name":"-General Law on the Rights of Children and Adolescents","source_link":"https://www.gob.mx/cms/uploads/attachment/file/918955/LGDNNA_Ultima_Reforma__27052024.pdf"},{"link_name":"-General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking","source_link":"https://www.gob.mx/cms/uploads/attachment/file/310904/LEY_GPSEDM_TRATA_19-01-2018.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 47 (III) of te General Law on the Rights of Children and Adolescents prohibits trafficking in persons under 18 years of age, child sexual abuse, child sexual exploitation with or without commercial purposes, or any other type of exploitation, and other punishable conducts established in the applicable provisions. In addition, Section V. of Article 2 for the General Law to Prevent, Punish and Eradicate Crimes Related to Human Trafficking establishes mechanisms to protect the life, dignity, freedom, integrity and safety of persons, especially children and adolescents, when they are threatened or harmed by crimes of trafficking, understood as any intentional act to recruit, transport, transfer, harbour, receive or accommodate a person for the purpose of exploitation, including sexual exploitation, labour exploitation, forced labour or services, and the use of minors in criminal activities. |
| List of hazardous activities prohibited for children | 22-12-27 | C138 & C182 | Federal Labour Law - Article 176 | [{"link_name":"Federal Labour Law","source_link":"https://www.gob.mx/cms/uploads/attachment/file/156203/1044_Ley_Federal_del_Trabajo.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Article 176 stipulates that the use of labor of minors under eighteen years of age is prohibited: I. In non-industrial establishments after ten o'clock at night; II. In intoxicating beverage outlets for immediate consumption, canteens or taverns and vice centers; II.centers of vice; III. In work likely to affect their morality or good morals; and IV. In dangerous or unhealthy work that, by the nature of the work, by the physical, chemical or biological conditions of the environment in which it is performed, or by the composition of the raw material used, are capable of affecting the life, development and physical and mental health of minors, in terms of the provisions of Article 176 of this Law. In case of declaration of sanitary contingency and whenever so determined by the competent authority, the work of minors under eighteen years of age may not be used. Workers who are in this situation shall not suffer any prejudice in their salary, benefits and rights. When due to the declaration of a sanitar |
| Minimum age for hazardous work | 2022-12-27 | C138 & C182 | Federal Labour Law - Articles 175, 175 Bis, 176 | [{"link_name":"Federal Labour Law","source_link":"https://www.gob.mx/cms/uploads/attachment/file/156203/1044_Ley_Federal_del_Trabajo.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article 175 of the Law states that the use of labor by minors under eighteen years of age is prohibited: I. In non-industrial establishments after ten o'clock at night; II. I. In non-industrial establishments after ten o'clock in the morning; II. In establishments that are not industrial establishments after ten o'clock in the afternoon; III. In work likely to affect their morality or good morals; and IV. In dangerous or unhealthy work that, by the nature of the work, by the physical, chemical or biological conditions of the environment in which it is provided, or by the composition of the raw material used, are capable of acting on the life, development and physical and mental health of minors, in terms of the provisions of Article 176 of this Law. In the event of a health contingency declaration and provided that it is so determined by the competent authority, the work of minors under eighteen years of age may not be used. The workers who are in this situation shall not suffer any prejudice in their salary, benefits and rights. When on the occasion of the declaration of a sanitary contingency the general suspension of work is ordered, the provisions of article 429, section IV of this Law will be applicable to minors under eighteen years of age. For its part, Article 175 Bis provides that, for the effects of this chapter, the activities that under the supervision, care and responsibility of parents, guardians or those who exercise parental authority, are carried out by minors under fifteen years of age related to artistic creation, scientific, sports or talent development, musical performance or artistic interpretation in any of its manifestations, shall not be considered work when they are subject to the following rules: a) The relationship established with the applicant shall be in writing and shall contain the express consent expressed on behalf of the minor by the parents, guardians or those exercising parental authority, as well as the incorporation of the commitment assumed by the applicant to respect in favor of the same minor the rights that the Constitution, international agreements and federal and local laws recognize in favor of children; b) The activities carried out by the minor shall not interfere with his education, leisure and recreation in the terms established by the applicable law, nor shall they imply any risk to his integrity or health, and in any case, shall encourage the development of his abilities and talents; and c) The consideration received by the minor for the activities he/she performs shall never be less than the salary received by a person over fifteen and under eighteen years of age. |
| Minimum age for admission to apprenticeship | No | C138 | No | [{"link_name":"N/A","source_link":"No information"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | The Mexican legal framework does not specify a minimum age requirement for entry into apprenticeship. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1857 | C138 | Constitution - Article 3 | [{"link_name":"Constitution","source_link":"https://www.gob.mx/cms/uploads/attachment/file/646405/CPEUM_28-05-21.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 3 of the Constitution establishes that preschool, primary, secondary and upper secondary education are compulsory. In this regard, compulsory schooling lasts for 15 years, thus aligning with the minimum age for admission to work. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:3960161,102764:NO"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | The legal framework of Mexico does not determine types and conditions under which light work may be carried out. According to the CEACR Direct Request on C138, 2019, The Committee notes the Government’s indication that, when ratifying the Convention, the minimum age for admission to employment was set at 15 years. There is no exception for workers of this age. |
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:3960161,102764:NO"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | No minimum age for light work is set. However, it is worth noting that, according to the CEACR Direct Request on C138, 2019, 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. |
| Minimum age for admission to work | 1970-04-01 | C138 | Federal Labour Law - Article 22 Bis | [{"link_name":"Federal Labour Law","source_link":"https://www.gob.mx/cms/uploads/attachment/file/156203/1044_Ley_Federal_del_Trabajo.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 22 Bis. provides that the work of minors under fifteen years of age is prohibited; the work of persons over this age and under eighteen years of age who have not completed their compulsory basic education may not be used, except in cases approved by the corresponding labor authority in which, in its judgment, there is compatibility between studies and work. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 30-JUN-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 10-JUN-2015 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The program aims to establish clear procedures for labor inspectors to prevent, detect, and eliminate child labor, as well as to monitor the employment of adolescents of legal working age, in accordance with current regulations and with full recognition of children and adolescents as rights holders. Specifically, it seeks to provide inspectors with the necessary guidance and tools to conduct effective inspections that protect the rights of minors; to ensure the timely identification of children engaged in child labor and refer them to the appropriate child protection authorities for the restoration of their rights; and to strengthen data collection on both child labor and permitted and non-permitted adolescent work, in order to generate reliable information that supports informed decision-making by labor authorities. | [{"link_name":"Inspection Protocol to Prevent and Eradicate Child Labour and Protect Adolescent Labour at the Permitted Age","source_link":"https://www.gob.mx/cms/uploads/attachment/file/913719/PROTOCOLO_TRABAJO_INFANTIL_29042024_13hrs.pdf"}] | 2024 | Inspection Protocol to Prevent and Eradicate Child Labour and Protect Adolescent Labour at the Permitted Age | Ministry of Labour and Social Welfare published |
| The 2020-2024 Sectoral Programme for Labour and Social Welfare (STPS) establishes the eradication of child labour as one of its priorities. To this end, the Programme sets out priority policy strategy 4.5.2 to promote actions for the protection of minors of legal working age and for the eradication of child labour. | [{"link_name":"STPS","source_link":"https://dof.gob.mx/nota_detalle.php?codigo=5595490&fecha=24/06/2020#gsc.tab=0"}] | 2020-2024 | The Sectoral Programme for Labour and Social Welfare (STPS) | Ministry of Labour and Social Welfare |
| Mexico is a Pathfinder Country of the Alliance 8.7, a global partnership committed to eradicating forced labour, modern slavery, human trafficking, and child labour. As part of this initiative, Mexico has developed a comprehensive roadmap towards achieving Sustainable Development Goal (SDG) 8.7. This roadmap outlines the strategic objectives and actions necessary to make significant progress in these areas. The main objectives of Mexico's roadmap are: Generating information; Migration; Supply chains; Prevention, protection, reporting and prosecution strategies. | [{"link_name":"SDG 8.7 Roadmap","source_link":"https://www.alliance87.org/sites/default/files/2023-08/Mexico%20Pathfinder%20Country%20Strategic%20Workshoop%20-%20Roadmap%20September%202019.pdf"}] | 2019-2025 | SDG 8.7 Roadmap | the Ministry of the Interior (Gobernación) in collaboration with the Ministry of Labour and Social Welfare (Trabajo y Previsión Social) |
| PRONAPINNA is a special program derived from the National Development Plan (PND) 2019-2024, and responds to the mandate established in the General Law on the Rights of Children and Adolescents. It was developed with the participation and proposals of children and adolescents, as well as representatives of the public, social and private sectors, and will be implemented by 54 agencies and entities of the Federal Public Administration (APF). It will be monitored by the Ministry of the Interior, through the Executive Secretariat of the National System for the Comprehensive Protection of Children and Adolescents. | [{"link_name":"PRONAPPINA","source_link":"https://www.gob.mx/sipinna/documentos/programa-nacional-de-proteccion-de-ninas-ninos-y-adolescentes-2021-2024-pronapinna-2024"}] | 2021-2024 | National Program for Children and Adolescents (PRONAPPINA) | Inter-Secretarial Commission for the prevention and eradication child labor and the protection of adolescent of adolescent workers in Mexico |
| It consists of 5 general strategies: Promote a culture of prevention and eradication of child labour; Protect human and labor rights; Strengthen oversight bodies and mechanisms; Promote social protection; and Strengthen education and recreation components. | [{"link_name":"Work Plan of the Inter-Secretarial Commission for the prevention and eradication child labor and the protection of adolescent of adolescent workers in Mexico","source_link":"https://www.gob.mx/cms/uploads/attachment/file/783781/PLAN_DE_TRABAJO_CITI-FEB_2022_VF.pdf"}] | 2021-2024 | Work Plan of the Inter-Secretarial Commission for the prevention and eradication child labor and the protection of adolescent of adolescent workers in Mexico | Inter-Secretarial Commission for the prevention and eradication child labor and the protection of adolescent of adolescent workers in Mexico |