Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Mexico (Ratification: 2001)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 3), as well as the information at its disposal in 2019.

The Committee also notes the observations of the International Confederation of Workers (CIT), the Regional Confederation of Mexican Workers (CROM), the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the Confederation of Employers of the Mexican Republic (COPARMEX) and the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN), included in the Government’s 2019 report. The Committee further notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), which refer in general terms to the application of the Convention and were forwarded by the Government with its supplementary report, received in September 2020. Lastly, the Committee takes note of the Government's response to the 2015 observations of the Independent Trade Union of Men and Women Workers of the Government of the State of San Luis Potosí (SITTGE), which arrived too late to be examined.

Article 2 of the Convention. Implementation of vocational rehabilitation and employment policies for persons with disabilities. In reply to the Committee’s previous comments, the Government refers to the implementation of the National Programme of Work and Employment for Persons with Disabilities (PNTEPD) 2014–18. The Government indicates that PNTEPD working groups were set up and these met on 30 occasions between 2014 and June 2018. Their activities included the production of a catalogue of programmes and services for persons with disabilities, awareness-raising activities on their rights carried out by the National Human Rights Committee (CNDH) for government staff in the states of Guerrero and Tamaulipas, and the quantification of persons with disabilities in the federal public administration. The Government states that between July 2016 and June 2018 a total of 5,176 public servants with disabilities were working in the public sector (of these, 2,566 had a sensory disability, 2,255 had a physical disability, 297 had a mental disability and 58 had an intellectual disability). The Government adds that various policies and programmes implemented under the PNTEPD and their impact were evaluated by 32 state follow-up committees in meetings between September 2016 and June 2017 with a view to improving their scope in favour of persons with disabilities. Moreover, the Committee notes the promulgation on 20 July 2016 of the standard entitled: “Safety conditions for access to and performance of activities for workers with disabilities in workplaces” (NOM-034-STPS-2016). The new standard establishes a set of obligations for employers who hire persons with disabilities, such as: analysing whether the job is compatible with the worker’s disability; adapting workplaces with over 50 workers to include facilities that enable access for workers with disabilities; and carrying out the necessary adjustments to facilities, procedures and jobs.

The Committee also notes the formulation of the “Assessment of the situation of persons with disabilities in Mexico” by the Ministry of Social Development in May 2016, which, according to the National Council for the Evaluation of Social Development Policy (CONEVAL), highlights the fact that in 2014 the poverty rate among persons with disabilities was 54.1 per cent, compared with a national general poverty rate of 46.2 per cent. Furthermore, the extreme poverty rate among persons with disabilities was 12.7 per cent, while it was 9.6 per cent for the country as a whole. In its observations, the CATEM points out that, according to information from the Impunidad Cero (zero impunity) organization, in 2017 only 39.1 per cent of persons with disabilities were in employment and these earned 66.5 per cent less than workers without disabilities. The Committee requests the Government to continue providing up-to-date, detailed information on the nature and impact of the measures taken or envisaged to promote employment opportunities for persons with disabilities, including mental or intellectual disabilities, in the open labour market, in both the public and private sectors.

Article 3. Promoting opportunities in the open labour market. The Committee notes the information provided by the Government concerning the measures implemented to promote opportunities in the open labour market for persons with disabilities, and also their impact. Among other measures, the Government refers specifically to the implementation of the “Opening spaces” strategy, under which the National Employment Service (SNE) provides various services to promote the employability of persons with disabilities, such as job placement, training for work, and measures to promote training opportunities proposed by the education sector and enterprises. In its supplementary report, the Government indicates that, between July 2016 and June 2020, support was provided to 117,363 men and 72,668 women with disabilities, of whom 45,980 found employment. The SNE also conducted awareness-raising campaigns between January 2016 and December 2017, in which advice was provided for 2,493 employers, business chambers, civil society organizations and trade unions on the tax benefits granted to entities that hire persons with disabilities.

The Government also indicates that over 59 million pesos were invested in 372 productive projects for organizations in the social sector of the economy or which involved persons with disabilities through the “Programme to promote the social economy” implemented by the National Institute for the Social Economy (INAES). Furthermore, the Government indicates that, between January 2016 and November 2018, a total of 1,712 workplaces received the Gilberto Rincón Gallardo inclusive enterprise award, which is given to workplaces that apply labour practices involving equal opportunities and the inclusion of persons in vulnerable situations, such as persons with disabilities. Moreover, CATEM and COPARMEX refer to the implementation of tax incentives for companies that hire persons with disabilities, such as a 100 per cent deduction of income tax for those persons. In its observations, CROM asserts that joint measures should be taken by the social partners and the Government to promote the inclusion of workers with disabilities in workplaces. CONCAMIN indicates in its observations that there is a need to continue implementing programmes to enable the placement of persons with disabilities in jobs, and also to introduce incentives for companies that hire persons with disabilities. Lastly, the Committee notes that the Government has not included any information in its report on the application of the quota system in practice. Nor has the Government provided the requested statistical information on the participation of persons with disabilities in the open labour market. The Committee therefore requests the Government to continue sending up-to-date, detailed information on the impact of measures taken to promote the vocational rehabilitation of persons with disabilities in terms of creating job opportunities for such persons in the open labour market. The Committee also once again requests the Government to provide up-to-date information on the application of the quota system and its impact. Moreover, it once again requests the Government to provide statistical information on the participation of persons with disabilities in the labour market, disaggregated by sex, level of education and type of disability.

Article 4. Effective equality of opportunity and treatment. The Committee notes with interest the adoption on 12 July 2018 of the Decree amending, adding and abrogating various provisions of the General Act for the Inclusion of Persons with Disabilities. The Decree introduces section 4(1), which provides that persons with disabilities enjoy all of the rights established under the Mexican legal system, without any distinction as to ethnic or national origin; gender, age or stature; economic, social or health status; religion, opinion, civil status, sexual preference, pregnancy, political identity, language, migration status; or any other characteristics. The stated purpose of the anti-discrimination measures is to prevent a person with a disability from being treated directly or indirectly in a less favourable manner than a person without a disability in a comparable situation. However, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESC), in its concluding observations of 17 April 2018, expressed concern at the persistent discrimination faced by specific groups and the fact that there no appropriate policies to combat the multiple discrimination faced by certain groups, such as indigenous women with disabilities (E/C.12/MEX/CO/5-6, paragraph 18). Furthermore, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 25 July 2018, expressed concern at the limited access to the formal labour market for migrant, indigenous and Afro-Mexican women and women with disabilities (CEDAW/C/MEX/CO/9, paragraph 39(e)). The Committee also notes that CATEM states that, according to the Impunidad Cero organization, men with disabilities have twice as many possibilities of securing employment as women with disabilities. The Committee requests the Government to provide up-to-date, detailed information on the measures taken or contemplated to ensure effective equality of treatment between workers with disabilities, including those from indigenous communities, and other workers. The Committee also requests the Government to provide detailed information on the impact of such measures.

Article 8. Services in rural areas and remote communities. The Committee requests the Government to provide detailed information on employment and vocational guidance and training services proposed to persons with disabilities, including those proposed by the SNE to persons living in rural areas and remote communities.

COVID-19. In the context of the COVID-19 global pandemic, the Committee recalls the extensive guidance provided by international labour standards. In this regard, the Committee draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which constitutes a guide for the formulation and implementation of measures in areas such as education, vocational training and rehabilitation, and employment to provide an effective response to the profound socio-economic effects of the pandemic. By way of example, the Committee draws the Government’s attention to Paragraph 7(h) of Recommendation No. 205, which provides that in taking measures on employment and decent work in response to crisis situations, Members should take into account the need to pay special attention to population groups and individuals who have been made particularly vulnerable by the crisis, including, but not limited to, persons with disabilities. The Committee requests the Government to provide up-to-date information in its next report on the impact of the COVID-19 global pandemic on the implementation of vocational rehabilitation and employment policies and programmes for persons with disabilities.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) and supported by the International Organisation of Employers (IOE), received on 26 July 2016. The Government asked for the observations of CONCAMIN to be considered as complementing its report.

Articles 2 and 5 of the Convention. National policy on vocational rehabilitation and employment. Consultations with the social partners. CONCAMIN indicates that there is a comprehensive campaign in the country for creating more opportunities for persons with disabilities. It adds that discussions have been held with the labour authority on a safety standard for persons with different abilities. The Government indicates in its report that coordination has been strengthened between social and economic policies as part of the implementation of the National Programme of Work and Employment for Persons with Disabilities (PNTEPD) 2014–18. In order to boost the promotion and implementation of the labour rights of persons with disabilities, three strategies were established, namely: reinforcement of inter-institutional links, with the creation of the State Employment Service Networks (REVL); promotion and dissemination of labour equity and inclusion, designed for the business sector and the general public; and the specialized awareness-raising and training strategy for enterprises, human resources managers and staff of the federal public administration. The Government also indicates that 781 workplaces (enterprises, public and private institutions) received the “Gilberto Rincon Gallardo” award between July 2014 and May 2016 in recognition of their good labour practices. It also indicates that 19 public institutions took part in the first session of the PNTEPD 2014–18 Coordinating Committee held in August 2015. The Committee notes the information contained in the publication entitled: National Programme of Work and Employment for Persons with Disabilities (PNTEPD) 2014–18: Achievements in 2015, relating to the construction of the National Information System for Persons with Disabilities, currently at the concept identification stage, and the establishment of four state committees for PNTEPD follow-up in the states of Durango, Sinaloa, Jalisco and the Federal District. The Committee requests the Government to provide detailed information on the application of the National Programme for the Development and Inclusion of Persons with Disabilities 2014–18 and to continue providing information on the implementation and review of the PNTEPD 2014–18. The Committee also requests the Government to include information on the consultations held, in accordance with the Convention, with the representative employers’ and workers’ organizations, and also with organizations of and for persons with disabilities.

Article 3. Promotion of opportunities in the regular employment market. With regard to the request for information concerning the results achieved by the measures adopted to promote the employment of persons with disabilities, the Government mentions the setting up of the “Capacities and Employment” website, whose objective is to connect jobseekers with disabilities with enterprises that have vacancies, as part of the “Opening Spaces” strategy. This strategy catered for 133,844 persons with disabilities between December 2012 and June 2016, of whom 50,991 were placed in employment. The Committee notes that, according to the publication entitled: National Programme of Work and Employment for Persons with Disabilities (PNTEPD) 2014–18: Achievements in 2015, the National Network of Employment Services (RNVL) catered for 3,268 persons with disabilities and placed 667 of them in employment (239 out of 1,238 women and 428 out of 2,030 men). As regards the number of placements for each type of disability, the Committee notes that jobs were found for 523 out of 1,394 persons with motor disabilities, for 69 out of 550 persons with visual disabilities, and for nine out of 111 persons with intellectual and psychological disabilities (none of the 664 persons with auditory disabilities were placed in employment). The Committee also notes the concluding observations of the United Nations Committee on the Rights of Persons with Disabilities, which expresses its concern at, among others, the low employment rate of persons with disabilities, especially intellectual and psychosocial disabilities, and the poor coverage provided by promotional strategies and programmes; the lack of information on the conditions of work of persons with disabilities who have found employment; the situation of significant discrimination faced by women and indigenous persons with disabilities regarding access to the labour market; and the lack of mechanisms for enforcing the 3 per cent labour quota in the public sector for persons with disabilities (CRPD/C/MEX/CO/1, paragraph 51). The Committee requests the Government to provide detailed information on the measures adopted to promote the vocational rehabilitation of persons with disabilities in terms of creating job opportunities for such persons in the regular employment market, including information on the application of the quota system and its impact. The Committee also requests the Government to provide statistical data on the participation of persons with disabilities in the labour market, if possible disaggregated by sex, level of education and type of disability.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2 of the Convention. National policy on vocational rehabilitation and employment. The Committee notes with interest that the constitutional reform of 2011 inserted a general prohibition of discrimination in article 1 of the Federal Constitution, which explicitly includes disability. Furthermore, section 133 of the Federal Labour Act (LFT), which has been in force since 2012, prohibits employers or their representatives from refusing to accept workers for reasons of disability. Since May 2011, the General Act on the integration of persons with disabilities has been in force, section 11 of which requires the National Secretariat for Labour and Social Welfare (STPS) to promote the right to work and employment of persons with disabilities under equality of opportunities and conditions of equity, which offers them certainty for their personal, social and occupational development. The Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) also welcomes the inclusion of persons with disabilities in the labour market and the adaptation of workplaces to the conditions of persons with disabilities. The Government indicates that the strategies set out in the National Development Plan 2013–18 include protection of the rights of persons with disabilities and the promotion of their comprehensive development and full inclusion. The Plan envisages the formulation and implementation of strategies to increase the inclusion in productive work of persons with disabilities through vocational skills schemes and links with the productive sector. The Government adds that 1,127 persons with disabilities were integrated into training in 2013, and that a total of 730 persons with various types of disability were integrated into employment. The National Programme of Work and Employment for Persons with Disabilities (PNTEPD) 2014–18 has as its principal objectives the dissemination of the labour rights of persons with disabilities; training, rehabilitation and placement based on competencies and skills; the promotion of a national network of employment services coordinating the action taken by the various departments and agencies of the federal public administration responsible for the labour integration of persons with disabilities and the recognition of good labour practices for the benefit of persons with disabilities. The Committee requests the Government to continue providing information on the implementation and periodic review of the national policy on vocational rehabilitation and employment promotion for persons with disabilities.

Article 3. Employment promotion. The Committee notes the implementation of the National Network of Employment Services, which provides coordinated services of advice, assessment, rehabilitation, training, access to self-employment and social programmes. Since 2013, the National Network has had 31 state networks in the capital cities of the federative entities, as well as a supervisory and follow-up system for the National Network of Employment Services (SRNVL). In 2013, a total of 164 persons with disabilities were placed in the labour market, of whom 33 are women and 131 are men. The Government provides information on the implementation of the “Opening Spaces” strategy, which consists of a specialized labour exchange through which interested employers recruit persons in a situation of vulnerability, including persons with disabilities. As a result of this strategy, during the period between June 2009 and May 2014, a total of 136,152 vacancies were notified to jobseekers with disabilities, of whom 47,909 obtained employment. With regard to vocational training, the Government indicates that, through the specialized rehabilitation and education centres located in 17 states, a structured process has been established to promote the social and labour rehabilitation of persons with disabilities. In addition, the Sectoral Labour and Social Welfare Programme 2013–18 provides for vocational training to increase the integration of women with disabilities into productive employment. The Committee requests the Government to continue providing information on the results achieved by the measures adopted to promote the employment of persons with disabilities.

[The Government is asked to reply in detail to the present comments in 2016.]

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN), which were communicated with the Government’s report. The Committee also notes the observations of the Independent Trade Union of Men and Women Workers of the Government of the State of San Luis Potosí (SITTGE), received on 10 June 2015. SITTGE indicates that certain men and women workers on the staff of the government of the state of San Luis Potosí who have disabilities are required to perform operational tasks which limit their opportunities to secure and advance in suitable employment. The Committee requests the Government to provide its comments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. National policy on vocational rehabilitation for disabled persons. Articles 4 and 5 of the Convention. The Committee notes the Government’s report for the period ending in June 2009. The Government refers to the General Persons with Disabilities Act of 21 April 2005, which provides for the establishment of a State policy that is in line with the obligations deriving from international human rights treaties. The Committee notes with interest that section 9 of the new Act covers the right to work and training of persons with disabilities and establishes that, to this end, a federal, State and municipal programme shall be devised and executed. The Committee also notes the activities undertaken to apply the Act, including the preparation of the National Programme on Work and Training for Persons with Disabilities, the signing of cooperation agreements with various institutions and the creation and promotion of special labour exchanges. The Committee requests the Government to continue to supply information on the activities carried out in the framework of the General Persons with Disabilities Act, particularly regarding the implementation of the National Programme on Work and Training for Persons with Disabilities. Please include information on the results of the study to harmonize legislation on work and training for persons with disabilities, and the participation of representative employers’ and workers’ organizations, and organizations of persons with disabilities or those that deal with such persons. The Committee requests the Government to supply information on the coordination between the Secretariat of Labour and Social Welfare and other institutions responsible for policies that concern persons with disabilities, such as the National Council for Persons with Disabilities, the National System for Comprehensive Family Development and the National Council for the Prevention of Discrimination.

2. The Committee notes the information sent by the Government in reply to the query in the previous direct request about measures taken under the National Labour Policy Programme 2001–06. The measures include the creation and start up of the National Labour Market Integration Network, thanks to which 141 persons were trained and 171 placed in jobs. Furthermore, 377 persons with disabilities were trained by the National Employment Service. An agreement was signed with the National College of Technical Vocational Training to promote the integration of the activities of the labour market integration networks of the federal entities. As part of the “Opening Spaces” strategy, six evaluation centres were set up to identify the skills and abilities of persons seeking to join the production sector and a web page was set up in the Employment Portal, http://www.empleo.gob.mx, showing posts on offer by employers for persons with disabilities. Furthermore, the “Gilberto Rincón Gallardo” Inclusive Enterprise Award was created and goes to public or private bodies that seek to generate a workplace culture that favours non-discrimination. In 2008, 389 enterprises received the award. The Committee requests the Government to continue to provide information on the results of the measures taken to train and place persons with disabilities. Please also provide information on measures taken to coordinate the courses provided for persons with disabilities by the National Employment Service and the National Labour Market Integration Network.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report on the application of the Convention, as well as the report received in September 2004, containing detailed information on the legislative measures adopted and the programmes implemented to promote the social and labour integration of persons with disabilities. The Committee asks the Government to continue providing information in future reports on the programmes implemented, including an evaluation of the results achieved by the measures taken in the context of the National Labour Policy Programme, 2001-06, and the Programme for the Vocational Integration of Persons with Disabilities, 2001-06. Please indicate the impact of the special positive measures adopted under section 13 of the Federal Act of 2003 to prevent and eliminate discrimination (Article 4 of the Convention), the consultations held with occupational organizations and organizations of persons with disabilities (Article 5) and measures adopted for the vocational integration of persons with disabilities who live in extremely marginalized areas and for economically and socially vulnerable population groups (Article 8).