1. Constitution

Article 4 he Mexican Constitution provides that every person has the right to health protection. Furthermore, the Constitution provides that children have the right to satisfy their nutritional, health, educational, and recreational needs.

Article 3 of the Mexican Constitution provides that every individual has the right to education.  The State – federation, states, Federal District, and municipalities – shall provide preschool, primary, and secondary education. Preschool, primary, and secondary education through grade 9, constitute the basic compulsory education

Article 123 C -The Mexican Constitution provides that the State has the duty to promote respect for the dignity of all children and the full exercise of their rights.  It also provides that the use of labor of minors under fourteen years of age is prohibited. Persons above that age and less than sixteen shall have a maximum work day of six hours.

 

2.General Law on Health

Article 27- General Law on Health (GLH) sets forth the objectives of the right to health protection as well as the objectives of the National Health System.[1]15″ id=”t15″>[15]  The GLH provides that basic health services are classified under the following categories: 1) health education and the promotion of sanitation; 2) prevention and control of priority communicable diseases, the most frequent non-communicable diseases, and accidents; 3) medical care, including preventive measures, rehabilitation, and emergency treatment; 4) maternal and child care; 5) family planning; 6) mental health care; 7) the prevention and control of oral diseases; 8) the availability of medicaments and other essential supplies; 9) promotion of improved nutrition; and 10) social welfare for at-risk groups.

Article 61- The provisions in chapter 5 of the GLH prioritize and define maternal and child care and call for the protection of minors, activities to support families and contribute to maternal and child health, appropriate standards of school hygiene, and health services for schoolchildren.  Health care for children includes pre- and post-natal care, nutrition advice, immunization, and eye and ear care

 

3.Law on the Protection of the Rights of Children and Adolescents

The Law on the Protection of the Rights of Children and Adolescents provides that teachers must avoid any form of harm, injury, aggression, abuse, or exploitation of children or adolescents.

 

4.Federal Labor Law

Article 175- The Federal Labor Law provides that children under sixteen may not engage in unhealthy or hazardous work or in industrial night work.

Article 176- Unhealthy or hazardous occupations are those which, by the nature of the work; by the physical, chemical, or biological conditions of the environment in which it is conducted; or by the composition of the raw material used, may be detrimental to the life, development and physical and mental health of children.

Article 174- Children between the ages of fourteen and sixteen must obtain a medical certificate indicating their fitness to work.

Without the certificate, no employer may lawfully employ them.

Working children will be subject to periodical medical examinations conducted by labor authorities.

 

5. Law on the Protection of the Rights of Children and Adolescents

Article 21- The Law on the Protection of the Rights of Children and Adolescents recognizes the right of children and young persons to be protected against any acts or omissions affecting their physical or mental health, their normal development, or their right to education, including neglect; negligent treatment; abandonment; emotional, physical, or sexual abuse; exploitation; the use of drugs and narcotics; abduction; and trafficking. 

Article 11- This law also provides that mothers, fathers, and anyone having custody of children must protect them against any form of ill treatment, prejudice, harm, aggression, abuse, trafficking, and exploitation.

 

6. Federal Criminal Code

 Federal Criminal Code and the Federal Law on Organized Crime provide that corruption of minors, child prostitution, and child pornography are felonies

 

7.Federal Law for the Treatment of Juvenile Offenders

Article 6- The Federal Law for the Treatment of Juvenile Offenders provides that children between eleven and eighteen years of age are subject to special courts for juvenile offenders.

Article 4- Juveniles are assisted by Guardianship Councils, which are responsible for the care and protection of juvenile defendants.

Article 3- Children that are accused of committing an infraction must be treated fairly and humanely.

Ill treatment, incommunicado detention, psychological coercion or any other action impairing the child’s dignity or physical or mental integrity during legal proceedings are prohibited.

 

8.Law on the Protection of the Rights of Children and Adolescents

Article44- The Law on the Protection of the Rights of Children and Adolescents provides that children shall be protected against any act that violates their constitutional guarantees or the rights recognized by law or by international treaties subscribed to by Mexico.

Article 46- This law also provides guarantees for children accused of having infringed criminal laws, including a presumption of innocence, prompt notification of any charges, prohibition of self incrimination, and prompt trial.

Article 45 (g)- Minors who are found responsible of committing an infraction may be subject to a wide variety of measures, including:

  • Counseling
  • Educational and vocational training programs, and other rehabilitating measures.
  • Warning
  • Admonition
  • Prohibition to go to certain places
  • Prohibition to drive motor vehicles
  • Placement in custodial homes
  • Confinement in educational institution