CRC/C/15/Add.112
page 10
32.
While the Committee is aware of the measures taken by the State party on the situation of
repatriated children (menores fronterizos), it remains particularly concerned that a great
number of these children are victims of trafficking networks, which use them for sexual or
economic exploitation. Concern is also expressed about the increasing number of cases of
trafficking and sale of children from neighbouring countries who are brought into the State party
to work in prostitution. In this regard, the Committee recommends that the State party
continue taking effective measures on an urgent basis to protect Mexican migrant children,
to strengthen law enforcement and to implement the State partys national programme of
prevention. In an effort to combat effectively intercountry trafficking and sale of children,
the Committee suggests that the State party increase its efforts in the area of bilateral and
regional agreements with neighbouring countries to facilitate the repatriation of trafficked
children and encourage their rehabilitation. Furthermore, the Committee endorses the
recommendations made by the Special Rapporteur on the sale of children, child
prostitution and child pornography following her visit to Mexico (see
E/CN.4/1998/101/Add.2) with regard to the situation of children living in border areas.
33.
With regard to the administration of the juvenile justice system, the Committee remains
concerned that:
(a)
Federal and state legislation is not all in accordance with the principles and
provisions of the Convention, especially regarding the low age of criminal responsibility;
(b)
Deprivation of liberty is not systematically used only as a measure of last resort;
(c)
Children are often detained together with adults in police stations;
(d)
Cases are processed at a slow pace;
(e)
Detention centres have very poor conditions;
(f)
Juveniles have insufficient access to legal assistance;
(g)
Insufficient rehabilitation measures exist for juvenile offenders;
(h)
There is insufficient supervision and monitoring in detention centres;
(i)
There is limited trained staff in detention centres.
In the light of articles 37, 40 and 39 and other relevant standards in this field, such
as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty, the Committee recommends that the State party:
(a)
Effectively implement a juvenile justice system in accordance with the
Convention and other related international standards;