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GENERAL CEDAW/C/MEX/3-4 21 May 1997 ENGLISH ORIGINAL: SPANISH COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 18 OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN Third and fourth periodic reports of States parties MEXICO* ____________ * For the initial report submitted by the Government of Mexico, see CEDAW/C/5/Add.2; for its consideration by the Committee, see CEDAW/C/SR.13 and CEDAW/C/SR.17, and Official Records of the General Assembly, Thirty- ninth Session, Supplement No.45 (A/39/45) (A/39/45), vol. I, paras. 67-89; for the second periodic report submitted by the Government of Mexico, see CEDAW/C/13/Add.10 and CEDAW/C/13/Add.10/Amend.1; for its consideration by the Committee, see CEDAW/C/SR.163, and Official Records of the General Assembly, Forty-fifth Session, Supplement No.38 (A/45/38), paras. 350-369. CONTENTS Page INTRODUCTION (General demographic information) ......................... 3 ARTICLES 1 AND 2 ....................................................... 8 ARTICLE 3 ..............................................................15 ARTICLE 4 ..............................................................18 ARTICLE 5 ..............................................................20 ARTICLE 6 ..............................................................23 ARTICLE 7 ..............................................................29 ARTICLE 8 ..............................................................33 ARTICLE 9 ..............................................................37 ARTICLE 10 .............................................................39 ARTICLE 11 .............................................................45 ARTICLE 12 .............................................................53 ARTICLE 13 .............................................................73 ARTICLE 14 .............................................................77 ARTICLE 15 .............................................................89 ARTICLE 16 .............................................................92 INTRODUCTION (General demographic information) 1. Women have a primary role in the development process and are an essential factor in that process. Development, however, does not automatically guarantee the emancipation of women, as if women were only passive beneficiaries. On the contrary, it is important to recognize the strategic role of women in promoting social and economic development, furthering democracy and transmitting cultural values, as well as the activities carried out by women on behalf of the development of their family and community. 2. Despite the impact of the economic and social crisis and its adverse consequences as regards the number and quality of opportunities for the integration of Mexican women into national life, the Government of Mexico is continuing to implement policies and measures aimed at improving the standard of living of the population groups most in need, both male and female, particularly the living conditions in rural and deprived urban areas. 3. This report includes data on ongoing governmental programmes and measures aimed at improving the situation of Mexican women and securing their participation on an equitable basis in the economic and social development of the country, in accordance with the National Development Plan (PND). 4. Although the format of the document is in accordance with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, it should be noted that the majority of the programmes and measures described form part of the National Development Plan; that is to say, they were not conceived or planned with the sole object of implementing the specific provisions of the articles of the Convention, but form part of the overall measures undertaken under the development policies of the Government of Mexico. 5. Aware of the changes and progress that have been brought about in the integration of women into the development process on a basis of equality with men, the Government of Mexico has made major efforts to illustrate the advances achieved in the pursuit of that policy through the application of gender-specific criteria. 6. One example of the afore-mentioned efforts is the fact that, with effect from the Eleventh National Population Census of 1990, the gender category has been taken into account in the various areas of national development and production. 7. According to the results of the 1995 Population and Housing Census, published by the National Institute of Statistics, Geography and Informatics (INEGI), the total number of inhabitants of the Republic of Mexico in that year was 91,158,290, of whom 50.75 per cent, or a total of 46,257,791, were female and 49.25 per cent, or 44,900,499, male, which meant that there were 97.1 males to every 100 females (annex 1). These figures show that, over the past two and a half decades, the population of the country has increased at an average annual rate of approximately 2.6 per cent, a figure which is lower than that recorded for the period 1950- 1970, when the rate was 3.2 per cent. 8. The population is distributed geographically in 31 federal states and the Federal District. Mexico State has 11,707,964 inhabitants (12.84 per cent of the total population), followed by the Federal District with 8,489,007 (9.31 per cent). By comparison, the states of Baja California Sur, Colima, Campeche, Quintana Roo, Aguascalientes and Tlaxcala have populations of fewer than 1 million inhabitants, or less than 1 per cent (annex 2). 9. According to the results of the 1995 Population and Housing Census, 24,154,775 Mexicans (26.49 per cent) live in 198,311 rural localities (with fewer than 2,500 inhabitants), while 54,633,429 (59.93 per cent) live in 481 localities with over 15,000 inhabitants. As indicated by INEGI, this shows that the population trends of concentration in the major towns and dispersal into small localities are continuing in Mexico (annex 3). 10. The urban and rural population breakdown by federal entity exhibits significant differences. Indeed, while the urban population in the Federal District and in Nuevo Le'on is 99.70 and 92.95 per cent respectively, in the states of Oaxaca and Chiapas it is only 43.49 and 44.14 per cent respectively. At the national level, the average urban population, in other words the population residing in localities with 2,500 or more inhabitants, is 71.44 per cent (annex 4). 11. It is of interest to note that, as the size of the locality increases, the sex ratio (i.e. the number of males to every 100 females) decreases, whereas, as the size of the locality decreases, the number of males increases. As will be seen in the sections dealing with employment and rural women, the major towns continue to be economic and social magnets for woman (annex 5). 12. As regards the age-group structure of the population, Mexico is still a young country, the average age of the total population being 21 to 22 years for women and 20 for men (annex 6); 46.51 per cent of the total population of Mexico is under 19 years of age (annex 7). However, the beginnings of an "ageing" process can now be observed, since the base of the population pyramid (the 0 to 4 years age group) is tending to narrow, compared with the population pyramids for the 1950s and 1970s. 13. Mexico is a multicultural country. According to the data compiled during the 1995 Population and Housing Census, 5,483,555 people speak one of the indigenous languages, a figure which represents 6.01 per cent of the total population over five years of age. Of this total, 49.958 per cent are female and 50.041 per cent male. According to the same source, the indigenous population is to be found in greater numbers in localities with 100 to 499 and 1,000 to 2,499 inhabitants. Of the female population between the ages of 5 and 75, 54.22 per cent are under 30 years of age (annex 8). 14. The indigenous population is distributed irregularly over the entire national territory. The states having the highest percentage of such inhabitants are Oaxaca (18.74 per cent), Chiapas (14.01 per cent), Veracruz (10.77 per cent), Yucata'n (9.95 per cent), Puebla (9.62 per cent), Hidalgo (5.98 per cent), Guerrero (5.85 per cent) and Mexico State (5.66 per cent). At the other extreme are Aguascalientes, Colima and Zacatecas, which have less than 1.0 per cent of the indigenous population (annex 9). 15. As regards the number of indigenous languages spoken in the country, the 1995 Population and Housing Census recorded a total of 80, in addition to indicating the names of other indigenous languages of Mexico and other indigenous languages of America. The predominant language is Na'huatl, which is spoken by 24.17 per cent of the population aged five years and over, followed by Maya (14.16 per cent), Zapoteco (7.57 per cent), Mixteco (7.11 per cent), Otomi' (5.16 per cent), Tzeltal (5.16 per cent), Tzotzil (4.80 per cent) and Totonaca (3.90 per cent) (annex 10). 16. Of the total number of inhabitants aged five years and over who speak an indigenous language, 84.78 per cent are bilingual, that is to say they also speak Spanish, while 14.73 per cent are monolingual. In the case of indigenous females, 80.70 per cent are bilingual and 18.69 per cent are monolingual, while the corresponding percentages for males are 88.85 and 10.78 per cent respectively (annex 11). REPORT ON THE IMPLEMENTATION OF THE ARTICLES OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN ARTICLES 1 AND 2 17. The Mexican Constitution, the great social pact which regulates political and legal relations between Mexican men and women, is one of the most advanced in the world. 18. The Mexican Constitution was the first to proclaim and protect social guarantees, in addition to individual guarantees; that is to say, it protects men and women both as individuals and in terms of groups. 19. Individual guarantees require the State to adopt an attitude of respect for human freedoms, since those freedoms constitute an area into which State power cannot penetrate. They are established in the Constitution, in particular in Title I, chapter I. Thus, starting with article 1, the Federal Constitution sets forth and protects the rights of all individuals, without distinction as to sex, age, race or creed, as well as the rights of legal entities. 20. Social guarantees, on the other hand, recognize the right of every human being to lead a dignified existence and require the application of governmental measures to ensure the well-being of all groups forming part of the community; they are set out, above all, in articles 3, 4, 27 and 123, that is to say in those articles which refer to education, the family and the equality of men and women before the law, land ownership and natural resources, and employment. 1. Legal framework for the implementation of the Convention 21. Article 133 of the Federal Constitution of the United Mexican States stipulates that the "Constitution, the laws of the Congress of the Union which emanate therefrom, and all treaties made, or which shall be made in accordance therewith by the President of the Republic, with the approval of the Senate, shall be the supreme law throughout the Union. The judges of every State shall be bound to the said Constitution, laws and treaties, notwithstanding any contradictory provisions that may appear in the constitutions or laws of the States". 22. By virtue of that constitutional precept, the Convention on the Elimination of All Forms of Discrimination against Women, which was adopted by the United Nations General Assembly on 18 December 1979, signed by Mexico on 17 July 1980, ratified on 23 March 1981 and published in the Diario Oficial of the Federation on 12 May 1981, forms part of the supreme law throughout the Union; its implementation is mandatory at the federal level. 23. In that connection, the Government of Mexico recognizes that the Convention is in itself a programmatic framework which sets out measures to promote the elimination of all forms of discrimination against women, in accordance with the rights recognized in other international instruments. 24. On that basis, Mexico views the Convention as offering recommendations which are necessary in order to eliminate, in the political, economic, social, cultural and civil spheres, acts which could involve discrimination against women. 2. Legislation which confirms the principle of equality in Mexico 25. As already indicated in the previous reports, starting with the Political Constitution of the United Mexican States, in general terms, women suffer no legal limitation whatsoever, since the law regards them as having the same rights and obligations as men. 26. The legislation setting out regulations relating to the articles of the Constitution which govern daily life contains provisions to ensure the equality of women and men. Reference will be made to these pieces of legislation when the report deals with the degree of implementation of other articles of the Convention. 27. During the period covered by this report, new provisions were adopted as a result of constitutional amendments and legislative work dealing with various matters relating to the situation of women. It should be pointed out that, despite the new legislative provisions, in general there has been no change in the situation indicated in previous reports, in that the Mexican Constitution explicitly recognizes the equality of men and women before the law. This report will provide a general panorama of the recent major reforms and legal initiatives and their impact in relation to women. Establishment of the National Human Rights Commission and its Programme on Matters relating to Women, Children and the Family 28. The National Human Rights Commission was established by a Presidential Decree published in the Diario Oficial of the Federation on 6 June 1990. Subsequently, on 28 January 1992, a section B was added to article 102 of the Constitution, which laid down the bases for the establishment of organizations of that type throughout the Republic. These actions supplemented the Mexican system for the protection of human rights, in addition to the institution of the writ of protection (juicio de amparo). 29. Article 102 of the Constitution states: "The Congress of the Union and the Legislatures of the States shall, within the limits of their competence, establish organizations for the protection of human rights, which shall be informed of complaints of acts or omissions of an administrative nature by any authority or public servant, with the exception of those forming part of the judiciary of the Federation who violate those rights, and shall formulate autonomous non-binding public recommendations and denunciations and complaints against the respective authorities. "These organizations shall not be competent to deal with electoral, employment and jurisdictional matters. "The organization established by the Congress of the Union shall be informed of any lack of conformity in the recommendations, agreements and omissions of the equivalent organizations in the States." 30. The National Human Rights Commission Act does not include specific provisions relating to the rights of women, since the individual guarantees proclaimed in the Constitution provide for the equality of men and women; nevertheless, substantial progress has been made in combating discrimination against women through the establishment in 1993 of the Programme on Matters relating to Women, Children and the Family of the National Human Rights Commission. 31. The Programme on Matters relating to Women, Children and the Family is responsible for hearing complaints submitted by women who believe that their rights pertaining to their status as women have been violated, for studying and proposing solutions to the problems which impede the full exercise of the human rights of women, and for promoting the equality of relations and responsibilities of men and women within the nuclear family. It promotes the access of women to all levels of the educational system and their retention in the system, the right to employment, training and equitable entry levels, to social security and insurance systems, and to health services, in particular reproductive health services. 32. Specifically as far as the work of the National Human Rights Commission with respect to international instruments is concerned, article 6, section XIII, of the Act establishing its functions and responsibilities states: "The National Commission shall have the following functions: "XIII. To formulate programmes and propose measures, in coordination with the competent agencies, which will promote the implementation within the national territory of the international treaties, conventions and agreements relating to human rights signed and ratified by Mexico." Participation of women in the development of their communities 33. In 1992, the New Agrarian Act was adopted in line with the amendment to article 27 of the Constitution. Article 63 of the New Agrarian Act states that "the same protection will be given to ... the women's industrial-agricultural unit [as to the land intended for human settlement]". Article 71 of the Act stipulates that of the land forming part of an ejido (unit of communal land) "an area could be reserved, ... preferably in the best land adjacent to the urbanization zone, to be set aside for the establishment of an agricultural and livestock farm or of rural industries operated by women over 16 years of age ... [which] could include facilities designed specifically for the benefit and protection of peasant women". The new Act thereby extended that right to all women, since the previous Act had limited it to women who were not ejidatarias (holders of shares in an ejido). 34. There has, however, been some retrogression compared with the previous Agrarian Act, article 103 of which had made the existence of women's industrial-agricultural units mandatory in each ejido. Now, that decision is left to the assembly of the ejido, as is the extension of a plot of land. Similarly, the right of the wife or common-law wife to be the primary successor to a plot of communal land, a right set forth in article 81 of the 1971 Act, has been abolished, and in its place the new Act establishes that an ejidatario has the right to designate successors at his discretion. Access of women to education and the retention of women in the educational system 35. In the field of education, the amendment to article 3 of the Constitution, published in the Diario Oficial on 5 March 1993, represents an important advance towards making secondary education - as well as primary education - mandatory, reaffirming the right of every individual to receive an education. 36. The General Education Act of 1993, in conformity with the constitutional amendment, states, in article 8, section III, the precept which stipulates that education must uphold the "ideals of fraternity and equality of rights of every human being, avoiding privileges on account of race, religion, group or sex, or individual privileges". 37. In chapter 3, article 32, relating to equality in education, the General Education Act stipulates that measures should be taken "towards establishing conditions which would allow for the full exercise of the right of every individual to education, greater educational equality, and the attainment of effective equality of opportunity of access to and retention in educational services. These measures will be directed, on a continuing basis, at those groups and regions which are most backward in education or which are experiencing disadvantageous economic and social conditions". It thereby establishes a legal framework which implicitly recognizes the gender differences with regard to the access of females to education and the school dropout rate among females, as well as the need to establish measures targeting vulnerable groups, among which women occupy an important place. Participation of women in politics 38. On 22 November 1996, the Congress of the Union adopted an addendum to provisional article 22 of the Federal Code of Electoral Institutions and Procedures, which states that the national political parties should consider in their statutes that no more than 70 per cent of the candidates for deputy or senator should be of the same sex. 39. At the state level, on 23 December 1996, the Congress of the State of San Luis Potosi' adopted the Electoral Law of that State, article 33 of which states that the political parties must ensure the registration of an equal number of candidates of the two sexes. The Congress of the State of Sonora amended article 89 of that State's Electoral Code to incorporate a requirement that, in the register of proposed candidates, on no electoral roll should more than 80 per cent of the candidates be of the same sex. Protection of the health of women in employment 40. The Federal Safety, Hygiene and Working Environment Regulations, which have been in force since 21 April 1997, incorporate for the first time in Mexican legislation provisions regulating safety and hygiene in employment in specific activities that have not been considered hitherto - such as forestry, agriculture and the sawmills industry - including measures relating to fixed and temporary installations; agricultural machinery, equipment and implements; agrochemical agents and, especially, the safe use of insecticides and fertilizers. It also incorporates safety and hygiene provisions to protect the fetuses or children of pregnant or nursing working women, and at the same time dictates preventive measures to protect the physical and mental development of minors in the workplace. 41. It states that pregnant women cannot be engaged in employment which involves the operation, transport or storage of teratogenic or mutagenic substances; where there is exposure to sources of ionizing radiation capable of producing contamination in the workplace, in accordance with the applicable legal provisions, regulations and standards; where there are abnormal environmental pressures or disturbed environmental thermal conditions; and where the muscular effort which is required might affect the fetus. Protection of women against acts of violence 42. In 1996, on the initiative of the executive branch, articles 16, 20 (section I), 21, 22 and 73 (section XXI) of the Constitution were amended to improve the potential to deal with organized crime, which is recognized as one of the most serious problems experienced by Mexico and by the whole international community. At the same time, the Criminal Code was amended to strengthen, inter alia, the provisions relating to the illegal deprivation of liberty when carried out with violence and when the victim is under 16 or over 60 years of age or physically or mentally inferior to the person responsible for the deprivation of liberty. 43. On 7 November 1996, the Federal Act against Organized Crime was published in the Diario Oficial. The purpose of the Act is "to establish rules for the investigation, prosecution, trial, sentencing and enforcement of the penalty in the case of offences committed by any member of organized crime. Its provisions are a public order and are applicable throughout the national territory", inter alia, in matters relating to trafficking in those without identification papers and minors. 44. Moreover, at the Federal District level, the Assembly of Representatives adopted the Domestic Violence Prevention and Assistance Act, which entered into force in August 1996. 45. On 26 November 1996, the Senate of the Republic approved the Inter- American Convention on the Prevention, Punishment and Eradication of Violence Against Women - the Convention of Bele'm do Paro'. In January 1997, the Ministry of Foreign Affairs recommended its ratification. 3. Follow-up to the Convention 46. In Mexico, governmental action with regard both to the establishment of programmes in favour of women and to support for legislative reforms goes back several decades; one example was the recognition of the right of women to vote in 1953. 47. Indeed, as indicated in the initial, second and third reports of Mexico, 1/ various programmes and measures have been implemented in the past 20 years to help to improve the status of women. It should be pointed out that 1974 saw the establishment of the National Programme for International Women's Year, which prepared Mexico's report for the 1975 World Conference, held in Mexico. As part of International Women's Year, new advances were made towards achieving the equality of women with the amendment of the Political Constitution of the Republic and various pieces of civil, labour and other legislation. 48. As indicated in the second periodic report, in 1980 the National Programme for the Integration of Women in Development was established within the National Population Council (CONAPO) of the Ministry of the Interior. Later, in 1985, a National Commission for Women was established, also within the Council, to coordinate sectoral activities and projects which formed part of a renewed Plan of Action. 49. In 1993, the work of the Commission was reoriented towards the preparations for the Fourth World Conference on Women, with a National Coordinating Committee. 50. Similarly, in January 1994, the Department for the Coordination of Matters relating to Women was established in the Ministry of Foreign Affairs in preparation for and in support of the National Coordinating Committee for the Fourth World Conference on Women; it has the functions of serving as the administrative unit linking national and international agencies which promote the advancement of women, and monitoring the implementation of the relevant international instruments signed by Mexico, as well as the implementation of the Beijing Platform for Action. 51. On 8 March 1995, the National Programme for Women: Alliance for Equality (PRONAM) was initiated; the official document was submitted one year later. This Programme constitutes a national mechanism to promote activities designed to improve the status of Mexican women on the basis of new general objectives. 52. The National Programme for Women forms part of the National Development Plan 1995-2000; it too proposes, as a priority social policy objective, the promotion of the full and effective participation of women in the economic, social, political and cultural life of the country on an equal basis with men. (Further details concerning the Programme are provided in the information relating to the implementation of article 3). 53. As a follow-up to the diagnosis drawn up in preparation for the Fourth World Conference on Women and the strategies established in the National Programme for Women: Alliance for Equality, which are in keeping with what was agreed both in the Regional Programme of Action for Women of Latin America and the Caribbean, 1995-2001, and the Beijing Platform for Action, the National Human Rights Commission, with a view to contributing to the full compliance by the Mexican State with its international obligations under the Convention on the Elimination of All Forms of Discrimination against Women {and the Convention on the Rights of the Child}, carried out "a very detailed analysis of the principal federal regulations with a view to ascertaining whether they were in line with the provisions of the aforesaid international instruments and proposing any necessary amendments so that the legal equality of men and women could be transformed into a real equality of opportunity for the development of both".2/ 54. The results of the Commission's survey, which also included an analysis of State legislation, are in the process of publication and the proposals for legislative reform will be submitted to the appropriate authorities. 55. In this connection, mention should be made of the readiness of the Mexican State to analyse the proposals of the National Human Rights Commission, which constitute an important and exhaustive diagnosis that will help to draw attention to those situations which require further analysis. 56. Through the Ministry of the Interior, which is responsible for the Section for the Executive Coordination of the National Programme for Women, a meeting was convened on 30 January 1997, within the framework of the Alliance for Equality in the Framework of the New Federalism, for the purpose of analysing the degree of implementation of the Convention on the Elimination of All Forms of Discrimination against Women by the States of Campeche, Chiapas, Oaxaca, Tabasco, Quintana Roo and Yucata'n. One of the topics discussed in this forum was the legal framework with regard to women in each of those autonomous entities. Similar meetings were held in other parts of the Republic. ARTICLE 3 57. As has already been indicated, the Government of Mexico has implemented various programmes and measures to help to improve the status of women, such as the amendment of article 4 of the Constitution and the establishment of the National Programme for International Women's Year in 1974; the creation of the National Programme for the Integration of Women in Development within the National Population Council (CONAPO) in 1980; and the establishment of the National Commission for Women in 1985. 58. In 1993, the National Coordination Committee was established for the purpose of organizing the preparatory activities for the participation of Mexico in the Fourth World Conference on Women. As a result of the work of the national Coordination Committee, a detailed report was prepared on the situation of Mexican women, as well as a set of thematic diagnoses which served as the basis for Mexico's participation in the Conference and for the preparation of the current National Programme for Women: Alliance for Equality, 1995-2000 (PRONAM). 59. The National Programme for Women: Alliance for Equality, 1995-2000, forms part of the National Development Plan 1995-2000. One of the objectives of the National Plan is the promotion of a set of programmes and measures to guarantee women equal opportunities in education, training and employment; full equality in the exercise of their social, legal, civil, political and reproductive rights; and effective support for their fundamental role in the integration of the family and in the training and socialization of their children. 60. Starting from this basis, PRONAM pursues specific objectives relating to equality between women and men, recognizing that the female population plays a major role not only in the process of economic and social development, but also in democratic advances, in the transmission of our culture and values, in the solidarity of the family and in community development. 61. The National Programme for Women thus starts from recognition of the fact that, among other strategies and measures, it is essential to encourage the broad participation of women in the formulation, implementation, monitoring and evaluation of public policies, taking care that the programmes meet their specific demands and needs; to carry out educational and communication activities with a view to creating an awareness among the population of the status of women; to promote consciousness-raising efforts directed towards legislators and officials responsible for drawing up and carrying out public plans and programmes; and to modernize and strengthen the legal and administrative machinery to ensure that women may fully exercise their rights as citizens and that the gap between equality of rights and the actual situation is eliminated. 62. In accordance with the Presidential Decree of 21 August 1996, the agencies of the federal public administration are required to comply with PRONAM within their respective areas of competence, as are public entities, in accordance with the applicable legal provisions. 63. In order to implement the set of strategies and measures drawn up by PRONAM to promote the advancement of women and in order to act as the executive organ of the Federal Government, under the Ministry of the Interior, the Executive Coordinating Office of the National Programme for Women was established; this organ constitutes Mexico's current Government Office for Women. The Executive Coordinating Office is responsible for bringing together and coordinating inter-agency activities which will permit the full implementation of the National Programme for Women and other governmental programmes in favour of Mexican women so that they may achieve their full development and equality, and thereby promoting the implementation of the Platform for Action adopted at the Fourth World Conference on Women and the Regional Programme of Action for Women of Latin America and the Caribbean, 1995-2001. 64. Moreover, on 21 October 1996 the Minister of the Interior ordered the establishment of a Consultative Board and a Social Monitoring Board as integrated auxiliary organs for various sectors of society; they are governed by the guidelines of the National Development Plan and PRONAM and by the agreements adopted by their members. 65. The functions of the Consultative Board are: - To encourage and promote the participation of all sectors involved in PRONAM activities in order to expand their scope. - To contribute to the promotion of joint work by governmental institutions, social and academic organizations and the public. - To support the strengthening of women's organizations and organizations working for the benefit of women. - To monitor the implementation of the objectives established by the Programme. 66. The Social Monitoring Board, for its part, has the following functions: - To monitor the implementation of PRONAM to ensure that the activities and goals undertaken are duly carried out. - To propose measures to enable any deviations from specific projects to be corrected and to monitor their execution. - To develop mechanisms to promote the strengthening and modernization of the information systems of the agencies participating in the Programme. - To promote procedures for the evaluation of the quality of the services involved in programmes for women. 67. The organs responsible for the implementation of PRONAM carry out their work on the basis of various priority goals, objectives and strategies determined in accordance with the new programme lines: 1. Education 2. Health care 3. Care for the poor 4. Working women 5. Promotion of production 6. Women and the family 7. Rights of women and participation in decision-making 8. Control of violence 9. Women's image ARTICLE 4 Temporary special measures aimed at accelerating de facto equality 68. On the political level in Mexico, affirmative action of various kinds has been taken which has proved to be outstanding particularly in view of the lack of any similar previous experience: 1. Political participation 69. The National Human Rights Commission made a proposal to amend the electoral codes in order to make it mandatory for the parties to nominate a percentage of women, a proposal which resulted in the addition of provisional article 22 of the Federal Electoral Institutions and Procedures Code of 22 November 1996, which states that national political parties should consider in their statutes that no more than 70 per cent of the candidates for membership of the Chamber of Deputies or the Senate should be of the same sex. They should also promote greater political participation on the part of women. 70. That action should make it possible to incorporate a greater percentage of Mexican women into political life than at present, a percentage closer to the world goal for the year 2000 of 50 per cent of opportunities for women in political parties and in offices representative of the people. 71. In this context, it should be noted that on 21 June 1996 the Congress of the State of Sonora stipulated, in article 89 of the Electoral Code of that State, that no party should nominate more than 80 per cent of its candidates from the same sex. Similarly, on 23 December 1996 the State Congress of San Luis Potosi' stipulated, in article 33 of the Electoral Law of that State, that political parties must try to register candidates of both sexes in equal numbers. In Yucata'n, the Congress of Yucata'n Women was established in November 1996, by notice of the State Government, for the purpose, inter alia, of dealing with the question of political participation. 72. The affirmative action policies put together by the political institutions have reached a peak in recent months. The September 1966 Assembly of the Institutional Revolutionary Party (PRI), the party in power, decided that the national and regional lists of candidates for popular election in federal, state and municipal elections should in no case include more than 70 per cent of the candidates of the same sex. Thus, two of the most representative parties in the country (PRD and PRI) now have internal provisions which establish a quota of 30 per cent to ensure that women are represented in popularly elected posts. 73. A significant number of non-governmental organizations, social associations and women's groups of all political parties which operate at the national level held a National Women's Assembly for Democratic Transition on 5 October 1996. The Assembly expressed the view that "there would not be full democracy in Mexico until women participated sufficiently in politics, government and the administration and management of justice". The Assembly therefore proposed to "ensure the political participation of women in decision-making positions in the Government, legislative organs, parties and social organizations through temporary affirmative action measures which would contribute to the participation of the female sex on an equitable basis until the cultural and political limitations had been overcome. 74. It is believed that in Mexico these specific measures will become generalized and will multiply in the short term and that at the same time they set a standard for the establishment of other affirmative action measures designed to contribute to the increased participation of women in the leadership of the political parties. 2. Food, Health and Education Programme (PASE) 75. In order to improve the situation of women living in conditions of poverty or extreme poverty, the Federal Government has been implementing the Food, Health and Education Programme (PASE) with effect from 1997; the first phase of the Programme deals predominantly with the rural population of 11 entities in the country. PASE is establishing a series of affirmative measures in favour of the female population, after recognizing the disadvantages women face in terms of food, educational levels and school drop-out: it carries out preventive health care activities starting with the antenatal stage and gives priority to the most vulnerable population - pregnant and nursing women, children under five years of age and young people at the basic education level. 76. PASE provides for a transfer of funds to support family food consumption of basic products, the recipient being preferably the mother. In education, it is considering offering monetary support to prevent school drop-out, especially among girls, providing them with more information and allowing them more opportunities to decide how best to exercise their productive capacity. Accordingly, the amount of the funds assigned to females is greater than that assigned to males and increases as they move up to higher levels in school. 77. On the whole, through affirmative action, PASE is seeking to break the vicious circle of poverty which affects levels of education and health, while at the same time recognizing the special situation of mothers and future mothers and the social function of maternity. ARTICLE 5 1. Change of stereotyped attitudes Education 78. The education policy of the Government of Mexico seeks to translate into reality the mandate of article 3 of the Constitution, which stipulates that education should be aimed at developing all the faculties of the human being in a harmonious manner, must contribute towards improving the capacity of people to live together, and must reinforce in people the ideals of fraternity and the equality of rights of all human beings, avoiding privileges based, inter alia, on sex. 3/ The text of that article of the Constitution has been taken up in the General Education Act of July 1993. 4/ 79. With regard to the content of the basic education plans and curricula, although the General Education Act does not stipulate that they should be aimed at promoting the equality of men and women expressed in articles 3 and 4 of the Constitution, it should be noted that measures have been taken towards that end. With a view to promoting the equality of men and women before the law, material on that subject has been included in the curricula for primary schools - free textbooks - secondary schools and high schools and in the university studies programme. 80. These efforts, however, have not been sufficient. Educational activities, in general, are not directed by gender-based criteria; this means that it is necessary to make specific proposals for men and women for the immediate future and to carry out a complete revision of the educational content. In this connection, the Ministry of Public Education is drawing up a plan for the revision of the content of free textbooks, similar to the revision carried out in collaboration with the Human Rights Commission to incorporate a human rights perspective into the texts. 81. The foregoing meets the strategic objective of PRONAM, one of the priorities of which is the revision of curricula, teaching material, textbooks and teaching methods to eliminate any stereotyped images of women. Communication media 82. Since the Mexican Constitution establishes the right to free expression, as well as the right of all individuals to information, the participation of the communication media is required in Mexico to eliminate gender-based stereotypes. 83. In addition to defining national efforts through specific strategic goals to promote a balanced image of women in the communication media, PRONAM recognizes that technological advances in communications and computer science have helped to foster the development of sophisticated systems for the dissemination of messages which transcend national frontiers and have the capacity to influence the attitudes, values and conduct of individuals, their aspirations and expectations and their perceptions of the opportunities available to them. 84. For that reason, along the same lines as the General Education Act, one of the purposes of which is to encourage esteem for human dignity, PRONAM defines its strategic goals as being to undertake continuing campaigns to arouse an awareness of the variety of roles played by women; to promote the establishment of standards and codes of conduct for the communication media which would help to eliminate the dissemination of reductionist images of women in advertising campaigns; to carry out systematic consciousness-raising activities, including seminars and training workshops, aimed at managers and professional staff of the communication media to promote the elimination of stereotyped images of women in the media; and to promote the broader participation of women in leading positions in the communication media. 85. The activities carried out in this sphere in 1996 included forums, seminars, workshops and national meetings with the State Population Councils in order to raise the consciousness of the Governments of the federal entities and of representatives of non-governmental organizations and the mass communication media about gender aspects and the Cairo, Mar del Plata and Beijing Conferences with a view to developing campaigns in the communication media to arouse an awareness of the diversity of roles played by women. 86. Moreover, in order to meet the goal of carrying out systematic consciousness-raising activities aimed at managers and professional staff of the communication media to promote the elimination of stereotyped images of women in the media, the National Population Council prepared a handbook entitled Gender perspective. Guide to the planning, implementation, monitoring and evaluation of research projects and public and civilian activities. 87. On the other hand, the status of women within the mass communication media is a subject which has been little explored. While it is certain that the presence of women has been gradually increased and diversified, women journalists and commentators still face discrimination as regards salaries and a marked inequality of access to the media. It is also known that the participation of women at the leadership levels in the communication media is still limited; in general they are to be found at the intermediate levels under a hierarchical structure established for men. There are few women who are editors of newspapers, sub-editors or information chiefs, directors of radio or television stations or owners of advertising agencies. In contrast, there is a high degree of participation of women in journalism, communication science and advertising schools. 2. Equality of family responsibilities 88. The increased participation of women in the labour market and the growing acceptance of their presence there have not led to any significant reduction in their domestic responsibilities. The tasks which men occasionally carry out, frequently considered only as a "help" to women, continue to be regarded as an exclusively female responsibility. In that connection, it should be pointed out that, according to recent surveys, approximately 2 per cent of those interviewed believed that domestic tasks should be the exclusive responsibility of men, whereas 63 per cent stated that they were the exclusive responsibility of women and the remaining 35 per cent replied that they were the responsibility of both. Relatively similar percentages were recorded in surveys as to who should be responsible for taking care of the children. The data submitted demonstrate that some advance has been made and some change has occurred in concepts of the roles attributed to women and to men during the 1970s. 89. On the basis of the foregoing, it is believed that one priority measure would be a revision of the labour standards and hours of work so that men and women could share family responsibilities on an equal basis, including the mechanisms for obtaining maternity or paternity leave and benefits. 90. The National Programme for Women had this in view when it stated that one of its priority activities was: - To promote the revision of labour standards and hours of work so that men and women might share family responsibilities on an equal basis, including the mechanisms for obtaining maternity or paternity leave and benefits. ARTICLE 6 91. The global social and economic process, which in the developing countries has faced a crisis of acute proportions, combined with the rapid advance of communication science and technology, has, inter alia, led to a severe decline in social and cultural standards in the vast majority of countries, which in turn has given rise to a significant increase in violence against women. 92. The new generations are trying to adjust to the speed of social and political change in the development process itself, while at the same time seeking to bring about the necessary changes in traditional thinking and to adapt social stereotyping to the new cultural and economic requirements imposed by modern life. 93. All this has fostered a new social awareness among women of all nations and we are thus witnessing the formation of groups, associations and coalitions of women who are attempting to combine their efforts in order to overcome their fundamental problems, which range from essential respect for their human rights to the task of combating the violence committed against them. 94. In the case of Mexico, the change in attitudes is taking place not only among the general public, where it has occurred more rapidly, but also in government circles, where efforts have been directed both at introducing various guarantees and controls for the offender and also at providing services for the victim. 95. In the major urban areas such as Mexico City, the problem of crime has become accentuated during the past decade, forcing the Government to accord priority attention to dealing with offences involving violence. 96. An institutional analysis made of the incidence of crime has shown that the percentage of reports of sexual offences was extremely low and that the majority of the victims failed to file a complaint with the Department of Public Prosecution. 97. Moreover, as is the case in other countries, there are no statistics in Mexico on physical assaults on women, which represent a major area of the overall problem of violence against women. Nevertheless, the problem has not been ignored. 98. As was stated at the time the second periodic report of Mexico was presented, in 1989 an extensive review of current legislation governing sexual offences was undertaken and a public inquiry was conducted, the findings of which were forwarded to and studied by the Commission of Inquiry of the Chamber of Deputies as part of a series of measures introduced by the Government of Mexico, through the Office of the Public Prosecutor of the Federal District, with a view to reducing the rate of sexual offences committed against women. 99. The public inquiry encompassed civic groups (women's organizations and other community associations) that had carried out extensive work in the area of support for victims of sexual offences and, more generally, on the issue of violence against women. 100. It should be pointed out that the experience gained from the work undertaken jointly with civic groups and associations brought to light the fact that one of the main obstacles that had been encountered by these groups in their endeavours was precisely a lack of linkage between their programmes and the Government's action on the same issues. Such coordination between the public and governmental institutions began in 1989 and has led to the removal of this and other obstacles and to better results through their joint efforts. 101. In addition to the public inquiry referred to above, a scheme involving the establishment of specialized agencies to deal with sexual offences has been mounted, as part of the Criminal Prosecution and Victim Priority Action Programme, in response to the public's demands for changes in the institutional practices of the various prosecution authorities, practices that were seen as humiliating for the victims of such offences. 102. The prime tasks of the specialized agencies are pursued on two interacting levels: providing care and assistance for victims in the form of therapy and information counselling, and making crime investigation as effective as possible. The successful performance of these tasks calls for specialist staff at both levels, i.e. physicians, diagnosticians, psychologists and social workers, as well as judicial and police personnel of the highest calibre. 103. The members of the interdisciplinary team at each specialized agency undergo prior screening based on "psychological profiling to ensure their emotional stability, frustration control, sensitivity in dealing with high- risk victims, integrity and well-balanced psychosexual development". 104. Four such specialized agencies to handle sexual offences were set up in 1989 in the Federal District, and the necessary regulations were issued to enable them to operate as an integral part of the public prosecution service. Also, contacts have been established with those States of the Republic whose Governments have shown an interest in initiating similar programmes. 105. Together with the specialized agencies in the Federal District, three support centres have been established for victims of sexual offences and their families: the Support Therapy Centre (CTA), the Domestic Violence Care Centre (CAVI). and the Missing and Absent Persons Support Centre (CAPEA). 106. Within the Republic, to date, specialized agencies to deal with sexual offences have been set up in Aguascalientes, Baja California, Baja California Sur, Colima, Coahuila, Chiapas, Chihuahua, Durango, Mexico State, Guanajuato, Guerrero, Hidalgo, Jalisco, Michoaca'n, Morelos, Nuevo Leo'n, Oaxaca, Puebla, San Luis Potosi', Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz, Yucata'n and Zacatecas. These agencies also have support programmes and, in the case of Colima, Chiapas, Mexico State, Guanajuato, Guerrero, Jalisco, Morelos and Nuevo Leo'n, care centres. Aguascalientes has a shelter and Tamaulipas a prosecution service. 107. In addition to the above, in 1989 the penalty for rape was increased and in 1990, at the invitation of the Federal District Department of Public Prosecution, meetings of leaders of women's groups involved in different sectors of social and political activity, i.e. women legislators (deputies, senators and assembly members), journalists, academics and intellectuals from a variety of social backgrounds and representing diverse ideologies, took place, in an "attempt to tackle the problem" of the incidence of sexual offences and the consequences for the victims. In other words, the issue shifted from the level of "individual and organizational awareness" to that of social mobilization. 108. The diverse and pluralistic body of women referred to above established itself as a formal group under the name of the "Pluralistic Victim Support Committee, A.C." (known as Grupo Plural) after initiating such important steps as the drafting and submission of a series of proposed amendments to the provisions governing sexual offences contained in the Federal District Penal Code, which had already undergone amendment in 1984 when modifications were made to the related legislation but the problem of the consequences of such crimes, i.e. the effects on the victims was not addressed. 109. From the outset, the prime objective of Grupo Plural has been to promote the continuity and permanence of action undertaken to combat violence and sexual offences and to ensure that victim support services established in the future maintain the highest standards and do not deteriorate in quality. 110. In 1991, amendments, additions and derogations to the Criminal Code and the Code of Criminal Procedure for the Federal District relating to sexual offences were adopted. 111. In February 1991, the Special Prosecution Service for Sexual Offences was set up with the aim of achieving standards of technical excellence in criminal investigation work and also to serve as a body to promote the defence of the human rights of both victims and offenders. 112. In 1993, the Constitution was amended to establish that it was the State's obligation to provide legal assistance to the victims of sexual offences and that they were entitled to receive reparation for injury and urgent medical attention. 113. 1994 saw the creation of the Specialized Care and Legal Orientation Unit and the Comprehensive Care Programme for the Victims of Sexual Attacks. In addition, a comprehensive care programme for the rehabilitation of victims of sexual attacks was initiated. 114. The following other steps were undertaken recently in accordance with the programme outline of PRONAM: - In March 1995, the Federal District Department of Public Prosecution (PGJDF) established a sub-department of human rights and community services and a State office to deal with the victims of crime, to provide a network linking the specialized agencies dealing with victims. - In April 1996, in addition to the Organic Act of PGJDF, the Department of Public Prosecution was given the authority to deal with crime victims by providing legal, social and psychological support. 115. With regard to combating violence, the National Women's Programme promoted the following activities: 1. The encouragement of adequate preventive measures. 2. The elimination of images of violence against women reproduced by the communication media. 3. A campaign against the use of women and girls as sexual objects. 4. The promotion of research and the preparation and dissemination of adequate and reliable statistics on violence against women and girls, on its causes and consequences and on measures to prevent it and undo its effects. 5. The creation of the necessary judicial and administrative machinery to ensure that the victims of violence have effective access to indemnity, reparations for damages and other just and effective compensatory measures. 6. Access of female victims of violence to the judicial systems. 7. The organization and financing of information campaigns and training and education programmes to arouse an awareness of the negative effects of violence in the family, the community and society. 8. The promotion of a programme to publicize methods of self-defence against violence. 9. Training in gender issues to raise the consciousness of the personnel responsible for ensuring and administering justice. 116. The action undertaken by the non-governmental groups - which continued in consultation and coordination with the government agencies - resulted in the adoption on 26 April 1996 by the Assembly of Representatives of the Federal District of the Domestic Violence Prevention and Assistance Act, which is the first specific ordinance on the matter. The Act condemns this type of violence, provides penalties for it and discourages resort to it in various ways. It should be pointed out that the Act was based on the content of the Inter-American Convention against Domestic Violence - the Convention of Bele'm do Para'. 117. Another of the more recent results of the collaboration between the Government and the general public was the holding of the "Continental Meeting on Domestic Violence" from 28 to 30 October 1996, on the initiative of a non-governmental organization with funding from UNIFEM, UNFPA, UNICEF, WHO/PAHO and OAS and with the support of various government agencies. 118. On 26 November 1996, the Senate of the Republic adopted the Convention of Bele'm do Para'; it is hoped that the Convention will be ratified in accordance with the procedures stipulated in the Constitution. 119. On 6 December 1996, the Federal District Department of Public Prosecution and various non-governmental organizations which deal with the phenomenon of violence against women signed the Collaboration Agreement whereby non-governmental organizations would continuously monitor the services provided to the public by the Department of Public Prosecution with a view to improving the quality of assistance to victims; would offer services to train the personnel of the administrative unit responsible for assistance to victims and to raise the consciousness of the judiciary police; would cooperate with the Department of Public Prosecution in providing psychological treatment for victims; and would develop preventive programmes. 120. Moreover, during the regular session of the Chamber of Deputies starting in September 1996, a broad and pluralistic group of institutions, as well as individual citizens, both men and women, after extensive work of consultation, analysis and study of comparative law, submitted a proposal for modifications to criminal and civil law and to criminal procedure dealing with domestic violence. 121. Lastly, it should be pointed out that within the Republic a process of emulation has also been initiated by federal entities which are endeavouring to promote initiatives in legislative circles similar to those of the Federal District. For example, the Forty-sixth Legislature of Morelos is currently analysing the draft Domestic Violence Prevention and Assistance Act for the State of Morelos. Prostitution 122. Prostitution is not regulated in Mexico, although the Criminal and Civil Codes establish the illegality of the sale of sexual services by third parties, especially in the case of children (Criminal Code) and women (Civil Code). 123. An analysis is currently being made as to whether prostitution could be regulated, and in what manner, so as not to violate the human rights of those involved, as well as of its links to other social problems such as HIV/AIDS infection, the sexual exploitation of minors, and procuring. 124. In this connection, on 14 January 1997 the Human Rights Commission of the Federal District submitted a proposal for the regulation of prostitution and for measures to ensure that commercial establishments dedicated to any of the so-called illegal transactions operate strictly in accordance with the applicable legal regulations. 125. On 7 November 1996, the Federal Organized Crime Act was published in the Diario Oficial. The purpose of the Act is "to establish rules for the investigation, prosecution, trial, punishment and enforcement of penalties in respect of offences committed by any member of organized crime", including trafficking in minors and those without identification papers. Sexual harassment 126. One of the major advances during the period covered by this report has been in the matter of sexual harassment. 127. Sexual harassment is a practice from which women suffer repeatedly in labour relations or in other areas. However, as with other forms of violence, there is little empirical evidence which would make it possible to measure the real dimensions of this problem. 128. In the official statistical reports some acts of sexual harassment are recorded. In view of the small number of complaints of this type of offence 5/ - often attributable to factors such as the criminal procedure which must track down the victims to confirm their complaints, the uncertain guarantee of the outcome and the possibility that the aggressor would be remanded and brought before the competent authority, as well as the very nature of the penalty, almost always lenient, given to the perpetrator of sexual harassment - the aforementioned draft Act was submitted in 1990 for the purpose of including the offence of sexual harassment in the Criminal Code of the Federal District, establishing penalties of 30 days' minimum wages or eight months' imprisonment for any landlord, employer or supervisor who, making use of his authority, tries to obtain sexual favours from subordinate female workers. 129. In the 1991 amendment, a broader text was adopted referring not only to the conduct of a landlord, employer or supervisor, but also to the conduct of any person in a position of authority over women. Thus, sexual harassment was classified as an offence. ARTICLE 7 130. As was indicated in the initial report of Mexico (CEDAW/C/5/Add.2) and reiterated in the first periodic report (CEDAW/C/13/Add.10), the right of women to participate in "the political and public life of the country" on equal terms with men is guaranteed in chapter I of the Political Constitution of the United Mexican States, which embodies the individual freedoms of all inhabitants of Mexico without distinction. 131. The demand for greater participation by women in political activities has been intensified not only through the legal principles described above but also as a consequence of the nation's development, the accelerated process of urbanization, the modernization of the economy and the radical changes in the cultural and educational life of Mexico. 132. However, even though women constitute the majority of the Mexican population and their right to vote and be elected has been recognized for 40 years, they do not enjoy full equality in terms of their participation in politics or in the country's political affairs. 133. In Mexico, according to the poll-books for the latest federal election (August 1994), women constitute 51.6 per cent of the electoral roll and 51.8 per cent of the nominal list of voters; in other words, they constitute more than one half of the population in a position to decide to whom the responsibility for taking decisions concerning the conduct and future of the country should be delegated. 6/ However, the participation of women in decision-making posts in executive, judicial and legislative circles, in businesses and in political parties and in trade unions is still limited. Executive branch 134. The Executive Coordinating Office of PRONAM is compiling the administrative statistics available in government agencies in order to obtain a picture of the situation of women in this sector. To this end, it has requested 20 offices and 14 entities of the federal public administration to provide information concerning the appointment of women to posts at the middle and senior levels of management. 135. The data received in January 1997 show that of the 40,300 officials serving in the posts indicated, 34 per cent are women. The highly technical entities such as Petro'leos Mexicanos (Mexican Petroleum) and the Federal Electricity Commission have the smallest number of women in such posts (6.2 and 3.8 per cent respectively); the Ministry of National Defence has only 5.4 per cent. In contrast, the bodies with the highest number of women are the National Human Rights Commission (36 per cent), the Ministry of Public Education (31 per cent), the Office of the President of the Republic (27 per cent) and the Ministry of Health (27 per cent). 136. In order to obtain similar information concerning the participation of women in state and municipal administrations, information which is relevant if one is to have a broader vision in the national context, the State Governments have been invited to carry out a similar exercise. 137. With regard to the higher levels of management of the public administration, it should be pointed out that from 1953 to date only six women have been Ministers of State (compared with more than 180 men), two of them currently occupying such posts. 138. In the Ministry of Foreign Affairs, there are 12 women ambassadors, eight of them career ambassadors, one of whom is currently on leave. In the diplomatic and consular branch of the Mexican foreign service there are 186 women and 603 men. In the administrative branch of the Mexican foreign service there are 340 women and 175 men. In the Ministry of National Defence there is one woman general. Leglislative branch 139. In the legislative branch, in the current Fifty-sixth Legislature, which corresponds to the period 1994-1997, out of a total of 628 seats occupied by deputies (500) and senators (128), 13.3 per cent are held by women. The number of female legislators has increased significantly compared with the previous Legislature, partly as a result of an increase in the total number of seats in the two chambers. Thus, while there were 3 female senators and 42 female deputies in the Fifty-fifth Legislature, the current Legislature has 17 female senators and 69 female deputies. All the Congresses of the 31 federal entities in the country have women representatives. In the Assembly of the Federal District, 15 of the 66 representatives are women, which constitutes 22.7 per cent female participation. 7/ Judicial branch 140. Women continue to participate actively in the judicial branch of the Federation, whose functions are administered by the Supreme Court of Justice, the appellate circuit courts, the single-magistrate courts, and the higher and lower circuit courts. 141. The participation of women from 1980 to 1994 was higher than in other areas of the public sector: women comprised 20 per cent of the supreme court judges, 12 per cent of the circuit court judges and 23 per cent of the district magistrates. Of the current 11 Supreme Court judges, one is a women. Altogether women occupy approximately 19 per cent of the higher level posts. State governments 142. Only three women have been governor of a federal entity in Mexico. The participation of women as mayor or president of a municipality is very limited, but has shown a slight increase: while in 1991, 2 per cent of the posts of president of a municipality were occupied by women, four years later the proportion had risen to 4.5 per cent of the total municipalities in the country. The States with a greater proportion of female presidents of a municipality in 1995 were: Baja California (25 per cent), Colima (20 per cent) and San Luis Potosi' (14.3 per cent). In 1996 there were 83 female presidents of municipalities - a figure which represents 3.7 per cent of the presidents of municipalities - and 1,908 female councillors. In the Federal District, of the 16 political delegations, four were led by women. Political parties 143. The Partido Revolucionario Institucional (PRI) is the political organization which shows the greatest participation of women in the Senate in the Fifty-sixth Legislature (1994-2000), not only in terms of their influence, but also because there is less inequality in the ratio of men and women since there is one female legislator to every six male legislators. In the case of the Partido de Accio'n Nacional (PAN), the ratio is one female legislator to every 12 male legislators. 144. As for the Chamber of Deputies, in the Fifty-sixth Legislature the Partido de la Revolucio'n Democra'tica (PRD) has the greatest percentage of women deputies, with 24.3 per cent, and it is the party in which the ratio of male to female deputies is lowest; there is one female deputy to every three male deputies, compared with PRI, which has one female legislator to every six male legislators, and PAN, where the ratio is 1 to 11. 145. In the Assembly of Representatives of the Federal District, it is noted that PAN has the greatest degree of female participation (28.6 per cent), compared with PRI (23.7 per cent) and PRD (20.0 per cent). 146. In the near future it is to be hoped that there will be an increase in the number of women in popularly elected posts, as mentioned in the section relating to the implementation of article 4 of the Convention. Social sector 147. In the case of trade union and social groups, the participation of women in the leadership is minimal, despite the fact that there are a considerable number of women members of such groups - it is estimated that approximately 2.5 million women workers belong to some trade union organization. In some branches of activity, such as the Education Workers' Trade Union, the Textile and Clothing Industry Workers' Trade Union, the Telephone Workers' Trade Union and the Banking Workers' Trade Union, the participation of women is significant. Private sector 148. It is estimated that the participation of women in higher level management posts (presidents, directors-general and general managers) of public or private institutions or enterprises is 12.1 per cent. At the level of director, manager and administrator in this sector, the participation of women is 19.8 per cent. Non-governmental organizations 149. There are at present many diverse organizations in Mexico which, out of concern for the status and situation of Mexican women, are formulating, planning and carrying out measures aimed at contributing to the improvement of the conditions of the female population of Mexico and, without any doubt, their experiences are making an invaluable contribution towards furthering knowledge about women in Mexico and the possible solutions for those in a disadvantageous situation. 150. The number of active organizations, their nature, the specific objectives which they pursue, the subjects with which they deal and the approach they take, as well as the population which they target, the territory in which they operate and the manner in which sex-gender specificity is incorporated into the activities which they carry out are, to date, little known in the case of the majority of new non-governmental organizations or social groups, which are composed mainly of young people. 151. One example of the foregoing was the National Assembly of Women for Transition to Democracy. This Assembly was held on 5 October 1996 and was convened by various women's organizations with different origins and ideological and party affiliations which called for increased political action by women. The purpose of the meeting was to seek the active participation of women in building a proposed pluralistic and inclusive nation, with social justice and equity, taking into consideration the world trend towards globalization. 152. However, the participation of women in decision-making posts in the executive, judicial and legislative branches, in the political parties, in the private sector and in the organized areas of the community continues to be limited. ARTICLE 8 153. With regard to the role of women in the international sphere, it can be said that, in general terms, their participation in the implementation of foreign policy is continuing with the same momentum as in 1989 and that the involvement of professional (mostly young) women has increased, according to the figures available. 154. Indeed, between January 1988 and December 1996, six competitive public examinations for entry into the diplomatic and consular branch of the Mexican foreign service were held and each time a greater number of women was successful. In the most recent examination, held in 1994, 13 of the 28 candidates who passed the three stages of the examination were women (46.42 per cent). 155. In 1994, an examination was also held to standardize the administrative branch, admission to which had previously been by appointment. 156. At the different levels of posts in the Mexican foreign service, the participation of women fluctuated considerably between 1987 and 1992, although, in simple percentage terms, it could be regarded as having decreased: NUMBER OF PERSONS IN THE FOREIGN SERVICE 1987-1997 BY GENDER Mexican Foreign Service 1987 1992 Men Women Men Women Diplomatic branch 347 75 457 94 Consular branch 119 27 95 43 Administrative branch 246 401 188 331 Total by gender 712 503 740 468 Gender difference 209 272 Total Mexican foreign service 1215 1208 157. Net variations in posts occupied by men and women between 1987 and 1992: Diplomatic branch +19 Consular branch +16 Administrative branch -70 Total number of women in the Mexican foreign service -35 158. With the new Mexican Foreign Service Act and the regulations pertaining thereto, published on 4 January 1994 and 11 October 1994 respectively, the Mexican foreign service was restructured to combine the previous diplomatic and consular branches. 159. Consequently, in January 1997 the Mexican foreign service was made up as follows: January 1997 Mexican foreign service Men Women Diplomatic-consular branch 603 186 Administrative branch 175 340 Total by gender 778 526 Gender difference 252 Total Mexican foreign service 1304 160. In terms of net variations between women and men compared with 1987 and 1992, according to the criterion of the combined diplomatic and consular services, the following changes are noted: WOMEN 1987-1992 1992-1997 1987-1997 Diplomatic-Consular branch(es) +35 +49 +84 Administrative branch -70 + 9 -61 Total -35 +58 +23 MEN 1987-1992 1992-1997 1987-1997 Diplomatic-Consular branch(es) +86 +51 +137 Administrative branch -58 -13 -71 Total +28 +38 +66 161. From the foregoing it will be seen that, taking 1987 as the base year, by 1997 the diplomatic-consular branch showed an increase in staff of 38.90 per cent, of which women accounted for 38.00 per cent and men 62 per cent, while the administrative branch showed a decrease in staff of 20.40 per cent, of which women accounted for 46.21 per cent and men 53.79 per cent. 162. During this period, in real terms, the number of members of the Mexican foreign service increased by 7.32 per cent. Women accounted for 25.84 per cent of this increase and men for 74.16 per cent. 163. An analysis covering the period 1987-1997, under the criterion of the combined diplomatic and consular branches, reveals the following percentages for the participation of women and men in the Mexican foreign service: PARTICIPATION OF MEN AND WOMEN IN THE MEXICAN FOREIGN SERVICE BY BRANCH, 1987-1997 Mexican foreign service 1987 1992 1997 Men Women Men Women Men Women Diplomatic-consular branch(es) 82.04% 17.96% 80.12% 19.88% 76.43% 23.56% Admin-istrative branch 38.02% 61.98% 36.22% 63.78% 33.98% 66.02% Total 58.60% 41.40% 61.26% 38.74% 59.66% 40.34% 164. It will be noted from these data that, from 1987 to date, the participation of women in the Mexican foreign service has been concentrated mainly in the administrative branch. It is evident, however, that, while in 1987 20.28 per cent of the total number of women were in the diplomatic and consular branches and 79.72 per cent in the administrative branch, at the present time, 35.36 per cent of the women in the Mexican foreign service are in the diplomatic-consular branch and 64.64 per cent in the administrative branch. PERCENTAGE OF THE TOTAL NUMBER OF WOMEN BY BRANCH 1987-1997 1987 1992 1997 Diplomatic-consular branch(es) 20.28% 29.27% 35.36% Administrative branch 79.72% 70.73% 64.64% 165. In 1987, there were seven women with the rank of ambassador, but none with the rank of consul general. In July 1992, there were only five women ambassadors and two women consuls general; in other words, the same number of women occupied the highest level posts in the Mexican foreign service, although the distribution varied between the two substantive branches. At present, there are eight women ambassadors and one woman consul general; this signifies an increase in the number of women occupying the highest level posts under the combined diplomatic-consular branch. 166. In view of the importance for the Mexican State that its representation abroad should be at the highest possible professional level, a mandatory programme at the master's degree level has been established for candidates who enter for the third stage of examinations for admission to the Mexican foreign service. This programme is given at the Mati'as Romero Institute of Diplomatic Studies of the Ministry of Foreign Affairs. 167. In order to implement the National Programme for women, which is mandatory for all entities of the federal executive branch, the Mexican Foreign Ministry is preparing a Programme of Action which will lead to a greater degree of participation by women in the Mexican foreign service and will prepare them more effectively for that service. ARTICLE 9 168. The equality of men and women before the law allows both to exercise the same rights and to assume the same obligations. The acquisition or retention of nationality is therefore governed by the same normative principles. 169. As was stated in the initial report submitted by Mexico, article 30 of the Political Constitution of the United Mexican States sets out the manner in which Mexican nationality may be acquired, either by birth or by naturalization. 170. This statute establishes that the mother has the same right as the father to confer her nationality on her children, irrespective of whether she acquired it by birth or by naturalization: "Mexican nationality shall be acquired by birth or by naturalization. "A. The following shall be Mexican by birth: "I. Those born in the territory of the Republic, irrespective of the nationality of their parents. "II. Those born abroad of Mexican parents; of a Mexican father or a Mexican mother. "III. Those born on board Mexican vessels or aircraft, whether military or commercial. "B. The following shall be Mexican by naturalization: "I. Aliens who obtain naturalization papers from the Ministry of Foreign Affairs. "II. An alien woman or man who enters into marriage with a Mexican man or woman and has or establishes his or her domicile within the national territory." 171. Similarly, in keeping with the constitutional precept, the Nationality Act, which was published in the Diario Oficial of the Federation on 21 June 1993, contains no discriminatory provision. Articles 6, 7 and 16 of the Act reproduce the provisions of article 30 of the Constitution. 172. Mexican legislation does not establish in any act or statute that marriage with a non-national can be grounds for the loss of Mexican nationality. Article 37 of the Political Constitution of the United Mexican States, which establishes the rules governing the loss of nationality, states: "A. Mexican nationality shall be lost: "I. Through the voluntary acquisition of a foreign nationality. "II. Through acceptance or use of titles of nobility which imply submission to a foreign State. "III. In the case of a Mexican national by naturalization, through uninterrupted residence in the country of origin for five consecutive years. "IV. In the case of a Mexican national by naturalization, through entry into any public agency as an alien or through acquisition and use of a foreign passport." 173. Article 26 of the Nationality Act establishes that neither a woman nor a man "who marries an alien man or women ... shall lose his or her nationality because of the marriage" and that "Except in the event of the marriage being annulled, an alien who acquires Mexican nationality {by naturalization on account of the marriage} ... shall retain that nationality even after the marriage has been dissolved. Article 7, section II, states that "An alien woman or man who enters into marriage with a Mexican man or woman and has or establishes his or her conjugal domicile within the national territory" shall be Mexican by naturalization. The Mexican State thus continues to offer egalitarian protection to those Mexican women who, on marrying aliens, are treated on an unequal basis in the other country. 174. It should be pointed out, however, that the acquisition of nationality by an alien spouse is not automatic. The alien spouse must establish his or her domicile within the national territory and must comply with the other requirements to that end indicated by law for the acquisition of Mexican nationality by naturalization. 175. With these rules, the equality of women with men with regard to the right to nationality is guaranteed. However, it should be borne in mind that cultural factors may impede the exercise of these rights, not only in the case of women, but also in that of men. At times, through unfamiliarity with the Act or through ignorance, the population does not exercise its rights. ARTICLE 10 1. Equal access to education for men and women 176. In Mexico, a country which was born to independence after several centuries of colonial domination, education has from the very beginning been the key to national integration and the basis for improving the country's standards of living. 177. Consequently, in Mexico there are no statutory or administrative impediments to the admission of the female population to the education system. Males and females both have access to the same curricula and to the same examinations; the teaching staff is the same for both sexes, and there is no difference in the quality of education for boys and girls. 178. The Political Constitution of the United Mexican States states, in article 3, as amended on 4 March 1993: "Any individual has a right to receive an education. The Federal State, the states and the municipalities shall provide pre-school, primary and secondary education. Primary and secondary education shall be compulsory. "II. The criterion governing this education shall be based on the results of scientific progress and shall combat ignorance and its effects, servitude, fanaticism and prejudice. "Moreover: "(c) It shall contribute to improved human coexistence, both through the elements which it helps to strengthen in the student, combined with an appreciation of the dignity of the person and the integrity of the family and the conviction of the general interests of the community, and through the care which it takes to support the ideals of fraternity and equality of rights of all human beings, avoiding any privileges on the grounds of race, religion, membership of a group, or sex, or individual privileges." 179. Against that background, the basic aim is to improve children's education and provide a better preparation for primary-school pupils, who at the beginning of the next millennium will have to enter the labour market and face national and international conditions which are far more complex. 180. With a view to meeting the challenges raised by the growing demand for the education of men and women at all levels, the Government of Mexico has established various strategies. Of these, mention should be made of the deepening of the process of decentralization of education through the National Agreement for the Modernization of Basic Education of 18 May 1992, which has made it possible to transfer federal control of the national basic education system to the states. 181. Given that the first programme line of the National Programme for Women is education, it has been proposed that the access of women to education and their retention in the system at all levels and in all forms should be guaranteed with a view to promoting their full participation in society, developing their capacities and abilities and strengthening their independence, autonomy, self-esteem and decision-making capacity. 182. In all cases, and principally in basic education, an attempt is being made to broaden the scope of the educational service, making it more diversified and flexible and adapting it to the needs of the consumers, especially those, such as women, who lag behind in education; although the trend has been reversed, there are stilll challenges to be met. 183. The preoccupation of the education sector to comply with the principles governing its work - equity, quality and relevance - is reflected in measures in favour of women carried out at all educational levels. With this objective, the starting point has been the most pressing needs of women, such as how they can learn to read and write, using both non-formal education and the resources of technology and telecommunications. 184. According to the 1995 General Population and Housing Census, the illiterate population of Mexico (15 years of age and over) constituted 11.88 per cent of the total population, 4.57 per cent of the men and 7.31 per cent of the women; in other words, 3,829,019 women 15 years of age or over, or 12.66 per cent of the female population of the country in that age group, could neither read nor write. TOTAL ILLITERACY RATE IN THE COUNTRY, PERCENTAGE OF WOMEN ILLITERATE 1990 1992 1995 Illiteracy Female 15.01% 13.64% 12.66% Male 9.63% 8.46% 8.42% SEP 185. The highest percentages of illiteracy, in relation to the population of each State selected, are to be found in Chiapas (26.02 per cent), Guerrero (23.93 per cent) and Oaxaca (23.07 per cent). At the other extreme are the Federal District (2.97 per cent), Nuevo Leo'n (3.80 per cent) and Baja California (3.96 per cent). 186. Approximately 38 per cent of the women aged 60 or over can neither read nor write, compared with 26.19 per cent of the men. In fact, with regard to the level of education, only one in four older women has completed primary school or above. In contrast, illiteracy has been practically wiped out among young men and women; currently only 4.04 per cent of the population between 15 and 24 years of age is illiterate. 187. As for the indigenous population over 15 years of age (4,133,863), approximately one half are women, of whom 48.86 per cent can neither read nor write, a level which is about 20 per cent higher than that for men. Only two out of three indigenous girls between 6 and 14 years of age attend school, an attendance rate which is lower than that for boys. 2. Education cycles 188. Since 1993, basic education in Mexico comprises a total of 10 years, one year of pre-school education, six years of primary education and three years of secondary education. 8/ 189. In Mexico, enrolment in primary education is today almost universal among minors and no significant differences can be noted between boys and girls. According to the 1995 General Population and Housing Census, the population between 6 and 14 years of age attending school corresponds to 92.15 per cent of that age group. Broken down by sex, the percentages are 92.89 for males and 91.40 for females. In 1992, however, it was noted that more girls between 11 and 14 years of age attended school. 190. With regard to secondary education, during the period 1995-1996, there were 194,162 more students than in the previous school year, with a total registration of 4.7 million. This signified an entry rate of 87 per cent for females, which was a result of improved attendance in the primary cycle and the incorporation of secondary education into the compulsory education cycle and the efforts to increase coverage through telesecondary education. 9/ 191. School attendance between 6 and 14 years of age increases in localities with more than 15,000 inhabitants (95.74 per cent) and decreases in localities with fewer than 15,000 inhabitants (87.86 per cent). 192. Over 14 years of age, school attendance tends to decrease, a more marked reduction being noted among females than among males. Of the population between 15 and 24 years of age, only 28 per cent of the females and 31 per cent of the males attended school in 1992. 193. Of those between 15 and 19 years of age, 64 per cent had secondary or higher education, a percentage which is much higher than that noted in the past. Similar levels of education are found among young people between 20 and 24 years of age. 194. The evolution of school enrolment at the intermediate and higher intermediate levels shows that the gap between the sexes has been reduced in the past decade: 89 females to every 100 males at the beginning of the 1980s, 94 to every 100 in the early 1990s. It has been argued, however, that the increase in the proportion of females to males enrolled in school might reflect a higher school drop-out rate among males rather than a higher rate of attendance among females. 195. The participation of women in higher education has also shown a steady increase in recent years. In the 1994-1995 academic year, 82 women were registered to every 100 men. This ratio declines to 64 women to every 100 men at the post-graduate levels. 196. At present, programmes are being prepared to allow for an increase in the level of education at all levels with a view to emphasizing measures which will promote the access to education of young people with fewer resources, and their competence on the completion of their studies, so that they will not become school drop-outs. 3. Education policy 197. The education policy of the Government of Mexico seeks to translate into reality the mandate of article 3 of the Constitution, which guarantees the access of men and women to free, secular, democratic and nationalist basic education, seeking to achieve an ever higher level of competence on the completion of studies at all levels. It must be noted, however, that educational measures are not guided by gender criteria. In this connection, one of the priority actions set out in the National Programme for Women is to carry out a revision of the materials, textbooks and educational methods to incorporate that aspect. 198. The General Education Act sets out the measures to be taken to achieve equity in education. These measures include: attention to schools with a higher drop-out rate on account of marginalization and the marginalization of the teachers working in them; the promotion of child development centres, social integration centres, boarding schools and hostels which favour apprenticeships and on-the-job training; and support for those who drop out of basic education to encourage them to complete it. 199. From an analysis of the data by states and regions in Mexico it is evident that there is a need to pay special attention to young and adolescent girls and women, given the socio-economic inequality in the country. This has led to the establishment of compensatory programmes aimed at overcoming the educational backwardness in rural and indigenous communities which are in a state of extreme poverty or are isolated and without access to normal educational services. Out of a sense of justice and social equity, attention is being paid to those regions which are the most backward, especially with regard to the female population, given the impact of women's influence on the well-being of the family. 200. The National Institute of Adult Education (INEA), an institution which directs its activities at a population composed of a majority of women, 10/ is working on a proposed new basic adult education curriculum. It is endeavouring to comply with the principle of relevance in education and to make reading, writing and mathematics become a useful tool for the solution of practical problems faced by adults. A survey is also being carried out which should lead to the classification of the educationally backward adult population by identifying the various groups which it comprises, with a view to determining and evaluating the degree of knowledge of those covered. So far, 8,488 people, half of them women, have been polled in five federal entities, in order to estimate their degree of knowledge, their occupations and their desire for apprenticeships, in three types of area: scattered rural, rural and urban. 201. At the same time, with a view to promoting literacy and overcoming the educational backwardness among females over 15 years of age who have not completed primary education, INEA is also offering non-formal employment training services. In this option, the educational models used meet the needs of adults and are not adapted to formal curricular or accreditation expectations. In the past academic year, 1,347,200 adults have been trained under this method. 202. With regard to indigenous education, over a period of 10 years, there has been a significant increase in the expansion of services. The number of centres for the teaching of initial education more than quintupled and the beneficiary population more than tripled; moreover, the number of children in pre-school education increased by 46.2 per cent and the number in primary education by 40 per cent. The training of teachers has been essential to this progress; in 1995 alone, 3,104 new teachers were trained, 1,660 of whom became primary school teachers while the rest became community educators. To support this programme, 32 videos were produced in 20 different languages. 203. The participation of women in the area of initial indigenous education has been very important. In the past school year, 34,035 children have been involved, with the participation of 1,180 women promoters. 204. For the school year 1995-1996, through the compensatory programmes carried out by INEA, measures were planned, with the help of 18,200 literacy tutors and 473 promoters, to reach 850,000 adults in the 12 states with the greatest illiteracy problems and in those in which there is a higher percentage of women. 205. In order to overcome educational backwardness through compensatory policies, attempts are being made to implement integral strategies which will bring the basic services closer to the population and at the same time promote social participation to increase productivity and the incomes of those involved. The aim is to enhance the social balance and promote equitable development, which would dilute differences in a context of state responsibility and the responsibility of society. 206. The National Educational Promotion Council (CONAFE), in its efforts to overcome one of the reasons why female minors have no access to, or do not remain in, school - a reason which is related to the refusal of parents to allow them to attend rural schools at the centre of catchment areas - has proposed the establishment of schools in the communities themselves which would make it possible to provide the necessary facilities for the education of girls. 207. Moreover, in response to the educational needs of the population living in extreme poverty in the Federal District, in 1982 the Department of Primary Education established the Primary School Attendance Service 9- 14, which provides a flexible alternative allowing children and young people, especially females, who are over age for the regular primary course to complete primary education in three years. 208. The following are other compensatory programmes designed for the disadvantaged population, of which women form an important section in rural, marginal urban and indigenous areas: - Food, Health and Education Programme (PASE). Incorporates gender analysis. - Programme to Eliminate Educational Backwardness (PARE). - Programme to Eliminate Backwardness in Basic Education (PAREB). - Comprehensive Programme to Eliminate Educational Backwardness (PIARE). - Disadvantaged School Support Programme (PAED). - Rural Education Funding (FIDUCAR). - National Programme of Solidarity with Agricultural Labourers. ARTICLE 11 1. Equality of women and men in employment 209. Article 4 of the Political Constitution of the United Mexican States establishes the legal equality of men and women. Article 123 of the Constitution grants women the right to work and to receive an equal salary and the social protection of maternity. Thus, the only difference in the constitutional and legislative framework with regard to the possibility of incorporating women in productive activities lies in the reproductive function of women. 210. The Federal Labour Act, which establishes the rules for the implementation of article 123 of the Constitution, adheres to the principle of equality in stating, in article 3, that: "no distinctions may be established between workers on the grounds of race, sex, age, religious belief, political doctrine or social status". At the same time, it establishes equality of remuneration and of conditions of employment for both sexes (articles 5 and 86). 211. The same Act, in a separate section, proclaims the right of women to work and establishes the fundamental aspects for the protection of maternity. At the same time, it includes special provisions to regulate domestic employment and home-based work, activities in which women, in particular, are engaged. 212. On the other hand, there are other legal measures of a regulatory nature relating to employment the provisions of which are aimed at protecting the health and physical well-being of workers and which are applicable without any distinction on the grounds of sex, except in relation to pregnancy. 213. Of the international measures, Mexico subscribed to Conventions Nos. 45 (underground work) in 1938, 100 (equal remuneration) in 1952, and 111 (discrimination) in 1961. 214. In the area of social security, the legislation in force grants women workers rights relating to maternity, the provision of health services, day care centres, the payment of pensions, leave and other benefits. This constitutes a fundamental aspect in compliance with the guidelines included in the Convention on the Elimination of All Forms of Discrimination against Women. 215. Despite the fact that the regulations require that women should be given equal treatment in matters relating to employment, some cases have been detected in which women are hired only if they are not married or pregnant and for less good jobs than those given to men. As occurs in other countries in the world, in response to the labour requirements set out in legislation concerning women and their reproductive function, employers choose to make the hiring of women conditional on their not being pregnant or married. Employers are afraid that their time and energy will be distracted from their work in order to meet their commitments as mothers and wives. Whether or not this fear is well founded, it means that the situation is unfair to those who make up more than one half of the population and have more than enough ability and, most of the time, pressing needs which their families share. 216. It is important to draw attention to one unavoidable question: that the situation of women is characterized by the fact that a large number of them live in conditions of extreme poverty or marginalization. There is a very large number of women who are either formally or virtually heads of families for various reasons (they are widowed, unmarried, divorced, abandoned or separated). The entry of Mexican women into the labour market is thus more than a right; it is a necessity that is dealt with in a manner contrary to another fundamental right which, on the other hand, represents a requirement of social concern: care for the family. 217. Major differences and inequalities still exist for women in terms of the number and quality of opportunities available to them, especially in the field of employment, such as problems of occupational segregation and differences in the entry level and in the level of training opportunities, and these differences must be taken into account. 218. The principal difference or inequality with which women must contend is the domestic and child-care workload assigned to them by society as a responsibility that is specific and exclusive to their sex. As is the case in other countries, this situation has forced Mexican women to enter the labour market without having the social facilities that would enable them to escape this "double working day" and would provide them with sufficient assistance to prevent any disruption of the family unit or their children's upbringing. 219. The growing participation of the female labour force in the economically active population, although not yet on a full-time basis, has shown a rapid increase compared with that recorded in past decades. Various factors help to explain this phenomenon. In the 1970s, the participation of women was linked mainly to factors such as the growth of industry, the process of urbanization and the improvement of education and health which led to the increased incorporation of women without regard to age or civil status and in a variety of conditions of employment. 220. In the 1980s, the economic crisis, which had been noted since 1982, affected the entry levels and levels of well-being of the population and gave rise to a more rapid process of incorporation of women into the labour market. Moreover, the loss of dynamism in job creation and the transformations which the productive machinery underwent had a different effect on men and women. Recent studies have shown a loss of jobs incurred by men while women have gradually increased their participation in activities in which they had previously been insignificant. 221. The monetary contribution of Mexican women to the family income is now becoming increasingly essential to meet the basic needs of the household, owing to a drop in the purchasing power of wages resulting from the recession and the adjustment policies. 222. The above situation has meant that paid female employment constitutes a survival mechanism when families are faced with an urgent need to increase their income and women become a key actor in this strategy. 2. Statistical information on women and employment 223. The rate of participation of women increased from 19.1 per cent in 1990 (according to census data) to 34.5 per cent in 1995 (according to figures compiled by the National Employment Survey (ENE)). On the other hand, during the same period the rate of participation of men increased at a more moderate rate, from 68.0 per cent to 78.2 per cent. 224. One further indicator which clearly shows the growing incorporation of female labour into the labour market is the rate of growth of the female economically active population (EAP). Between 1991 and 1995 the rate of growth was 3.3 per cent, 2.8 per cent in the case of men and 4.5 per cent in the case of women. As will be noted, the participation of women grew at a faster pace than that of men (annex 1). 225. By age group, the profile of incorporation changes. As in other countries, at the beginning of the 1990s the age group 35 to 39 years showed the highest level of participation, which means that the acquisition of family responsibilities is no longer, as in previous decades, an element which restricts the active participation of women. In fact, a higher rate of participation has been noted in the central age groups (20 and 49 years) with levels of approximately 40.0 per cent. 226. On the other hand, the 50 and over age group showed a decline in participation, although between 1991 and 1995 this age group recorded a slight increase for both men and women. 227. By civil status, although the information available shows the prevalence of unmarried women in significant numbers, married women showed more significant increases in participation. The 1991 National Employment Survey (ENE) shows that 36.5 per cent of the economically active female population was married; in 1995 the proportion had risen to 39.4 per cent. That could corroborate the thesis that in recent years a significant part of work outside the home is directly linked to the need to supplement the precarious family income. Moreover, the problem arises that women have a heavier workload when one considers the "double working day" involved with care of the family and the home as part of the role assigned to women by society. 228. Another factor to be considered together with demographic factors is the level of education. As the level rises, the rate of female participation increases. Thus, females aged 12 years or over without any education participate to a lesser degree than women with intermediate or higher education, more than half of whom are engaged in productive activities (annexes 2 A, B and C). 229. Between 1970 and 1990, significant changes occurred in the sectoral distribution of the national EAP. Particularly noticeable were the relative increase in tertiary sector activities, from 31.9 per cent in 1970 to 46.1 per cent in 1990, and the reduction in primary sector activities, from 39.3 per cent in 1970 to 22.6 per cent in 1990. There was also an increase in the secondary sector, from 23.0 per cent in 1970 to 27.9 per cent in 1990. 230. In recent years, considerable changes have occurred in the number of women participating in the labour market. The trend towards concentration in certain occupations has not, however, changed at the same speed. 231. Traditionally, the principal employer of female labour has been the services and commerce sector (annex 3), particularly in jobs such as clerical workers, saleswomen, domestic workers and teachers. In 1995, however, according to the breakdown by sex, women had a significant rate of participation as professional and technical personnel (28.1 per cent) and specialized personnel (44.6 per cent), although males were still predominant (71.9 and 55.4 per cent respectively). That has clearly not altered the fact that women are still employed in a limited number of activities (as domestic workers, secretaries, typists, teachers, cashiers and nurses) which respond to certain determining factors - cultural and educational - and to the characteristics of the sectors themselves. There are fewer women employed in the production processes than in the aforementioned occupations (annex 4). 232. Broken down by employment status, of the total employed female population in 1995, 54.3 per cent were in the wage-earning category, 22.3 per cent were self-employed and 18.2 per cent were unpaid. This differs considerably from the breakdown of the male population, for which the percentages were 49.3, 26.8 and 10.5 respectively. It will thus be seen that there are marked gender differences in employment. 233. It should be pointed out that, in the case of unpaid labour, according to figures compiled by the National Employment Survey, there has been an upward trend from 17.4 per cent in 1991 to 18.2 per cent in 1995. This is generally accounted for by family workers, where the woman plays an important role in carrying out tasks regarded more as family support than as work. Moreover, if a shop or productive establishment is in the home, women's activities are regarded as complementary to reproductive and domestic tasks. 234. Of the total employed population in 1995 (33.5 million), 65.6 per cent had no social benefits. In the case of men, the percentage was 67.6, whereas that for women was 61.5. This shows, in some way, the deterioration noted in employment conditions in the labour market as a result of the economic crisis (annexes 5 and 6). 235. It should be noted, however, that of the women in the formal sector of the economy, 56.8 per cent have social security and other benefits, while men have a tendency to be concentrated among those without benefits (44.0 per cent). This has meant that women have been able to enjoy benefits such as day-care centres, which provide very valuable assistance with regard to the care and development of children and improve their opportunities of employment. 236. An analysis of income levels shows a relatively deteriorating situation. In 1991 18.2 per cent of the total working population received less than the minimum wage, while in 1995 the figure was 19.1 per cent. The breakdown by sex showed considerable variations. While in 1991 17.1 per cent of men received less than the minimum wage, in 1995 the percentage was 16.9. In the case of women, the figure in that category was 20.9 per cent in 1991 and 23.6 per cent in 1995 (annex 7). 237. At the other extreme, however, in the category of those with incomes exceeding five times the minimum wage, the proportion of men rose from 6.8 per cent in 1991 to 8.2 per cent in 1995. In the case of women, there was an increase of 2.0 per cent, from 2.7 to 4.7 per cent. 238. From an analysis of income level and level of education, it is apparent that the higher the level of education the higher the income; however, women with schooling at the vocational education level have incomes of between three and a half and six times the minimum wage, whereas men have incomes ranging from over five to ten times the minimum wage. 239. With regard to the various forms of payment of employed women - according to the 1995 National Employment Survey breakdown - 52.8 per cent receive a fixed salary, 20.4 per cent receive profits, 18.1 per cent receive no income, 8.6 per cent have a variable income, and 0.2 per cent fall under other headings. 240. As for working hours, in 1995 40.3 per cent of employed women worked less than 35 hours a week, whereas only 20.1 per cent of men had such a schedule. The total population in this category was divided almost equally between the two sexes. The motives for such working hours were, however, different for the two. 241. While the majority of women stated that those were their normal working hours (61.0 per cent) and more than a quarter stated that there were other reasons (26.2 per cent), the men stated, as the main reasons, that those were their normal working hours (44.4 per cent) or that it was because of reasons related to the market (25.2 per cent). This tendency to prefer intermediate working hours is probably due to the need women have to combine work with carrying out their family responsibilities, whereas for the men it may be due to the fact that they are studying. 242. As for working hours of over 48 hours a week, it is noted that, while 30.3 per cent of men have such a schedule, only 17.2 per cent of women do. It is estimated that men predominate in this category of the population, comprising 78.9 per cent of those involved, while the remaining 21.1 per cent are women (annex 8). 243. It may be noted that, despite the progress made in incorporating female labour, women continue to be in a situation of inequality in view of the problems of occupational segregation and differentiation in incomes even when for work of equal difficulty requiring equal ability, as well as the prevailing so-called "double working day". 3. Policies in the employment sector 244. In the past 15 years, the Federal Government, through the Ministry of Labour and Social Security, has carried out a variety of measures to benefit certain groups such as rural women and women in marginal urban areas. Through these measures, institutional support has been provided for training, funding and technical support for the establishment of craft workshops and farming by rural women, as well as developed forms of self- employment and the integration of small and micro-enterprises. 245. In the employment sector, various studies have been carried out under the United Nations Development Programme (UNDP) and under the National Population Council (CONAPO), initially as part of the Programme of Community Development with the Participation of Women (PINMUDE) and later in connection with the National Population Programme 1990-1994. 246. At present, special attention is being paid to the need to train women under the Training Fellowships for Unemployed Workers Programme (PROBECAT). With the implementation of this Programme, there has been considerable progress in the number of women trained in recent years. According to the administrative records available, in the past twelve months there has been an increase of 15.6 per cent in the levels of participation of women in the programme in question. As for the programme to help the disabled unemployed, the participation of women increased from 16.5 per cent to 18.5 per cent during the same period.