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article 77 recognizing the competence of the Committee to receive communications from
individuals. The Special Rapporteur regrets that this reluctance may signify a lack of
complete support for the Convention itself. In the light of Mexico’s exemplary efforts in the
worldwide promotion of migrants’ rights, the Special Rapporteur underscores the crucial
nature of this element in the promotion of the Convention.
85. The Special Rapporteur received inconsistent information about at what age the
federal Government and the state agencies considered migrant children as being legally
“minors” and therefore deserving of additional protection. He also noted that there seemed
to be differences according to sex, with girls eligible for protection longer than boys, which
illustrates gaps in protection and lack of coherence in policy. The Special Rapporteur
therefore recommends the revision of what is legally considered a “minor” at both the
federal and state levels, and suggests that “minors” be inclusive, regardless of sex, of all
children under the age of 18.4
86. Despite some programmes in place, the Special Rapporteur noted a general absence
of public consciousness about the severity and extent of migrant child labour practices in
Mexico, and calls for immediate measures to be taken by the Government of Mexico
including: an enhanced national educational campaign against child labour, the further
implementation of legislation that Mexico already has aimed at making child labour
practices a crime, and prosecution and punishment of hiring a minor for labour at both the
federal and state levels.
Implementation and practice
87. The Special Rapporteur takes note of efforts made by the Government of Mexico to
professionalize and train its police forces and border control officials. He welcomes
initiatives by the INM to organize technical training courses for administrative officials
focusing on the protection of the human rights of migrants. The Special Rapporteur invites
Mexico to continue these efforts, especially at the local level, and in particular for INM
personnel, Federal Preventative Police personnel supporting the INM in the area of
migration management, and officials working for the Beta Groups. He calls on the Office of
the United Nations High Commissioner for Human Rights to assist with such trainings and
capacity-building efforts.
88. The Special Rapporteur takes note of the rapid manner in which the authorities
endeavour to return undocumented migrants to their countries of origin once detained in
migrant holding centres. This varies by country of nationality and, as such, the
corresponding bilateral agreement Mexico has with that country. However, he also
observed that there were gaps to the extent Mexico had formulated bilateral agreements
4
Note article 1 of the Convention on the Rights of the Child, to which Mexico is a part, which
states: “For the purposes of the present Convention, a child means every human being below the
age of eighteen years unless under the law applicable to the child, majority is attained earlier.”