Official Journal of the Federation August 2, 2006
Last reform published DOF 04-06-2015
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
THE GENERAL LAW FOR EQUALITY BETWEEN WOMEN AND MEN IS EXPENGED.
Article 1. This Law is intended to regulate and guarantee equal opportunities and equal treatment for women and men, to propose guidelines and institutional mechanisms that guide the nation towards the fulfillment of substantive equality in the public and private spheres, promoting the empowerment of women and the fight against all discrimination based on sex. Its provisions are of public order and social interest and general observance throughout the National Territory.
Article 2.- These are the guiding principles of this Law: equality, non-discrimination, equity and all those contained in the Constitution. Politics of the United Mexican States.
Article 3.- They are subject to the rights established by this Law, by women and men who are on national territory, who, by reason of their sex, regardless of their age, marital status, profession, culture, ethnic or national origin, social status, health, religion, opinion or disability, are at some disadvantage in the face of the violation of the principle of equality which is Law tutelage.
The transgression of the principles and programs that it provides for will be sanctioned according to the provisions of the Federal Law of Responsibilities of the Public servants and, where appropriate, by the applicable laws of the Federative Entities, which regulate this matter.
Article 4.- As not provided for in this Law, the provisions of the Federal Law to Prevent and to Prevent it will be applied in an additional and Eliminate Discrimination, the Law of the National Human Rights Commission, the Law of the National Institute of Women, the international instruments ratified by the Mexican State and the other applicable laws.
Article 5.- For the purposes of this Law:
I. Affirmative Actions. It is the set of temporary corrective, compensatory and/or promotional measures aimed at accelerating substantive equality between women and men;
II. Discrimination. Any distinction, exclusion or restriction which, based on ethnic or national origin, sex, age, disability, social or economic condition, health conditions, pregnancy, language, religion, opinions, sexual preferences, marital status or any another, has the effect of preventing or nullifying the recognition or exercise of rights and the real equality of opportunity for persons;
III. Discrimination against Women. Any distinction, exclusion or restriction based on sex which has as its object or as a result to undermine or annul the recognition, enjoyment or exercise by women, irrespective of their marital status, on the basis of equality between men and women. women, human rights and fundamental freedoms in the political, economic, social, cultural and civil spheres or in any other sphere;
IV. Gender Equality. Situation in which women and men access the same possibilities and opportunities for the use, control and benefit of goods, services and resources of society, as well as decision-making in all areas of social, economic life, political, cultural and family;
V. Sustained Equality. It is access to the same treatment and opportunities for the recognition, enjoyment or exercise of human rights and fundamental freedoms;
VI. Gender Perspective. Concept that refers to the methodology and mechanisms that make it possible to identify, question and assess the discrimination, inequality and exclusion of women, which is intended to justify based on the biological differences between women and men, as well as the actions to be taken to act on gender factors and to create the conditions for change that will make it possible to move forward in the construction of gender equality;
VII. Transversality. It is the process that ensures the incorporation of the gender perspective in order to assess the implications for women and men of any action that is programmed, in the case of legislation, public policies, administrative, economic and cultural activities in public and private institutions;
VIII. National System. National System for Equality between Women and Men, and
IX. National Program. National Programme for Equality between Women and Men.
Article 6.- Equality between women and men implies the elimination of all forms of discrimination in any of the areas of life, which is generated by belonging to any sex.
OF THE AUTHORITIES AND INSTITUTIONS
OF DISTRIBUTION OF COMPETENCIES AND INTER-AGENCY COORDINATION
Article 7.- The Federation, the States, the Federal District and the Municipalities shall exercise their powers in the matter of this Law in accordance with the the distribution of the powers provided for in the same and other arrangements applicable to the three government orders.
Article 8.- The Federation, the States, the Federal District and the Municipalities will establish the coordination bases for integration and functioning of the National System for Equality between Women and Men.
Article 9.- The Federation, through the Secretariat that corresponds according to the matter in question, or the administrative bodies that are In the case of women's advancement, they may conclude agreements or coordination agreements with the participation of the National Institute of Women, in order to:
I. Strengthen its functions and privileges in the field of equality;
II. Establish coordination mechanisms to achieve gender mainstreaming in the national civil service;
III. Drive inter-agency linkage within the framework of the System;
IV. Coordinate the tasks in the field of equality through specific actions and, where appropriate, affirmative actions that contribute to a national strategy, and
V. Propose initiatives and policies of cooperation for the development of mechanisms for the equal participation of women and men, in the fields of economy, decision-making and in social, cultural and civil life.
Article 10.- In the conclusion of agreements or coordination agreements, the budgetary resources, materials and resources must be taken into account human, to comply with this Law, in accordance with the relevant legal, administrative and budgetary regulations.
Article 11.- It will be expected that in the monitoring and evaluation of the results obtained by the execution of the agreements and agreements This chapter refers to the area responsible for the National Human Rights Commission in accordance with the powers conferred on it by its own law.
FROM THE FEDERAL GOVERNMENT
Article 12.- Corresponds to the Federal Government:
I. Driving the National Policy on Equality between Women and Men;
II. Develop the National Policy on Equality, in order to comply with the provisions of this Law;
III. Design and implement the instruments of the National Policy on Equality guaranteed in this Law;
IV. Coordinate actions for gender mainstreaming, as well as create and implement the Program, with the principles that the law says;
V. Ensure equal opportunities through the adoption of policies, programmes, projects and compensatory instruments as affirmative actions;
VI. To conclude national and international agreements on coordination, cooperation and consultation on gender equality;
VII. Incorporate the allocation of resources for the implementation of the National Policy on Equality in the Budget of the Federation of the Federation of Eglers, and
VIII. The others that this Law and other applicable ordinances confer upon you.
Article 13.- The authorities of the three government orders shall be responsible for the application of this Law, without prejudice to the powers of the which correspond to them.
OF THE STATES AND THE FEDERAL DISTRICT
Article 14.- The Congresses of the States, based on their respective Constitutions, and the Legislative Assembly of the Federal District, according to its Statute of Government, will issue the necessary legal provisions to promote the principles, policies and objectives that on equality between women and men provide for the Political Constitution of the United Mexican States and this Law.
Article 15.- It is up to the holders of the State and Federal District Governments:
I. Driving local policy on equality between women and men;
I Bis. Incorporate into the federal and Federal District's discharge budgets, the allocation of resources for local equality policy compliance;
II. Create and strengthen the institutional mechanisms for promoting and procuring equality between women and men, through the administrative bodies that deal with the advancement of women in the States and the Federal District;
III. Develop local public policies, with a medium-and long-range projection, duly harmonised with national programs, giving full compliance to this Law, and
IV. Promote, in coordination with the agencies of the Federal Public Administration, the application of this Law.
Article 16.- In accordance with the provisions of this Law and the local laws of matter, it corresponds to the Municipalities:
I. Implement the municipal policy on equality between women and men, in accordance with relevant national and local policies;
II. To assist with the Federal Government and with the government of the corresponding federal entity, in the consolidation of programs in the field of equality between women and men;
III. Propose to the Executive Branch of the relevant entity, its budgetary needs for the implementation of the equality programmes;
IV. Design, formulate and apply permanent awareness campaigns, as well as development programs according to the region, in the matters that this Law confers on it.
The content of the governmental or institutional advertising through which the campaigns to which this fraction is concerned, must be devoid of stereotypes based on the sex of persons, and
V. Promote social, political and citizen participation aimed at achieving equality between women and men, both in urban and rural areas.
OF NATIONAL EQUALITY POLICY
Article 17.- The National Policy on Equality between Women and Men should establish the actions conducive to achieving equality substantive in the field, economic, political, social and cultural.
The National Policy to be developed by the Federal Executive should consider the following guidelines:
I. Promote equality between women and men in all areas of life;
II. Ensure that budget planning incorporates the gender perspective, supports mainstreaming and provides for the implementation of programs, projects and actions for equality between women and men;
III. Encourage balanced political participation and representation between women and men;
IV. Promote equal access and full enjoyment of social rights for women and men;
V. Promoting equality between women and men in civilian life;
VI. Promote the elimination of stereotypes based on sex;
VII. Adopt the necessary measures for the eradication of violence against women women;
VIII. The establishment of measures to ensure co-responsibility at work and the personal and family life of women and men;
IX. The use of non-sexist language in the administrative field and its promotion in the entirety of social relations;
X. In the education system, inclusion among their training purposes in the respect for rights and freedoms and for equality between women and men, as well as in the exercise of tolerance and freedom within the democratic principles of coexistence; as well as the inclusion within its principles of quality, the removal of obstacles to effective equality between women and men;
XI. Include in the formulation, development and evaluation of policies, strategies and health programs, mechanisms to address the needs of women and men in the field of health, and
XII. Promote that in the social communication practices of the dependencies of the Federal Public Administration, as well as in the mass media of electronic and print communication, eliminate the use of sexist and discriminatory stereotypes and incorporate an inclusive language.
OF THE INSTRUMENTS OF POLICY ON EQUALITY BETWEEN WOMEN AND MEN
Article 18.- They are instruments of the National Policy on Equality between Women and Men, the following:
I. The National System for Equality between Women and Men;
II. The National Program for Equality between Women and Men, and
III. The observance of equality between women and men.
Article 19.- In the design, elaboration, implementation, evaluation and monitoring of the instruments of equality policy between women and men, the objectives and principles set out in this Law must be observed.
Article 20.- The Federal Executive is in charge of the application of the System and the Program, through the corresponding organs.
Article 21.- The National Institute of Women, through its Governing Board, without prejudice to the powers conferred on it by the Law The Commission will be responsible for coordinating the system, as well as the determination of guidelines for the establishment of public policies on equality, and the others that are necessary to meet the objectives of the This Act.
Article 22.- According to Article 6, Fraction XIV Bis of the Law of the National Human Rights Commission, this is the in charge of observance in the monitoring, evaluation and monitoring of the National Policy on Equality between women and men.
OF THE NATIONAL SYSTEM FOR EQUALITY BETWEEN WOMEN AND MEN
Article 23.- The National System for Equality between Women and Men is the organic and articulated set of structures, relationships functional, methods and procedures that establish the dependencies and entities of the Federal Public Administration with each other, with the organizations of the various social groups and with the authorities of the States, the Federal District and the Municipalities, in order to carry out joint actions for the purpose of promoting and procuring equality between women and men.
Article 24.- The National Institute of Women will coordinate, through its Governing Board, the actions that the National System generates, without prejudice to the powers and functions contained in its system, and shall issue the rules for the organisation and operation of the organisation, as well as measures to link it with others of a national or local nature.
Article 25.- The Governing Board of the National Women's Institute will be responsible for:
I. Propose guidelines for National Policy in the terms of applicable laws and in accordance with the provisions of the Federal Executive;
II. Coordinate the equality programmes between women and men in the agencies and entities of the Federal Public Administration, as well as the groupings by functions and related programmes which, if necessary, are determined;
III. Promote, coordinate and review programs and services in the field of equality;
IV. Determine the periodicity and characteristics of the information to be provided by the agencies and entities of the Federal Public Administration, subject to the applicable general provisions;
V. Make proposals to the competent agencies on the allocation of resources required by equality programmes between women and men;
VI. Support the coordination between the institutions of the Federal Public Administration to train and train its staff on equality between women and men;
VII. To promote the participation of civil society in the promotion of equality between women and men, and
VIII. Other, which are required for the fulfilment of the objectives of the National System and those that determine the applicable general provisions.
Article 26.- The National System has the following objectives:
I. Promote equality between women and men and contribute to the eradication of all forms of discrimination;
II. Contribute to the advancement of women;
III. To contribute to the modification of stereotypes that discriminate and promote gender-based violence, and
IV. Promote the development of programs and services that promote equality between women and men.
Article 27.- The governments of the States and the Federal District will assist, in the field of their respective competences and in the terms of the coordination arrangements to be concluded with the Institute or, where appropriate, with the agencies or entities of the Federal Public Administration, for the consolidation and operation of the National System.
: They will plan, organize and develop in their respective territorial constituencies, state systems of equality between women and men. men, seeking their programmatic participation in the National System.
Article 28.- The concertation of actions between the Federation and the private sector will be carried out by means of agreements and contracts, which will be adjust to the following bases:
I. Defining the responsibilities that the members of the social and private sectors assume, and
II. Determination of the actions of guidance, encouragement and support that these sectors will carry out in coordination with the relevant institutions.
OF THE NATIONAL PROGRAM FOR EQUALITY BETWEEN WOMEN AND MEN
Article 29.- The National Program for Equality between Women and Men will be proposed by the National Institute of Women and will take place in tells the needs of the States, the Federal District and the Municipalities, as well as the particularities of the inequality in each region. This Program shall be integrated into the National Development Plan as well as the sectoral, institutional and special programs referred to in the Planning Law.
The programs to be developed by the governments of the States and the Federal District, with medium-and long-term vision, will indicate the objectives, strategies and priority action lines, taking into account the criteria and instruments of the National Equality Policy in line with national programmes.
Article 30.- The National Women's Institute must review the National Program every three years.
Article 31.- The annual reports of the Federal Executive shall contain the status of the execution of the Program, as well as other actions on compliance with the provisions of this Law.
OF THE OBJECTIVES AND ACTIONS OF THE NATIONAL EQUALITY POLICY BETWEEN WOMEN AND MEN
Article 32.- The National Policy referred to in Title III of this Law, defined in the National Program and implemented through the The National System should develop interrelated actions to achieve the objectives that should mark the direction of equality between women and men, in accordance with the operational objectives and specific actions referred to in this title.
OF EQUALITY BETWEEN WOMEN AND MEN IN NATIONAL ECONOMIC LIFE
Article 33.- It will be the goal of National Policy to strengthen equality in the field of:
I. Establishment and use of funds for the promotion of equality in work and productive processes;
II. Development of actions to promote the integration of public policies with Gender perspective in economic matters;
III. Drive egalitarian leaderships, and
IV. Establishment of measures to strengthen women's access to employment and the effective implementation of the principle of equal treatment and non-discrimination in working conditions between women and men.
Article 34. For the purposes of the foregoing Article, the authorities concerned shall ensure the principle of equality (a) a substantive law on employment, as well as the fundamental right to non-discrimination in respect of job vacancies, in vocational training and promotion, in working conditions, including remuneration; and in membership and participation in trade union organisations, business or in any organization whose members are engaged in a particular profession, for which they will develop the following actions:
I. Promote the review of tax systems to reduce the factors that relegate people's incorporation to the labor market, because of their sex;
II. Encourage the incorporation into the education and training of people who are relegated because of their sex;
III. Encourage access to the work of people who are relegated to managerial positions because of their sex, especially;
IV. Support the improvement and coordination of national statistical systems, for a better understanding of issues related to equality between women and men in the national labour strategy;
V. Strengthen the cooperation between the three government orders, to monitor the implementation of the actions set out in this article;
VI. To fund information and awareness actions aimed at promoting equality between women and men;
VII. Link all funded actions for the advancement of women;
VIII. Avoid segregation of people by reason of their sex, the labor market;
IX. Design and implement guidelines that ensure equality in the recruitment of staff in public administration;
X. Designing development policies and programs and reducing poverty with gender perspective;
XI. Establish incentives and certificates of equality that will be awarded annually to companies that have implemented policies and practices in this field. For the issue of the certificate to undertakings, the following shall be:
a) The existence and application of an ethics code that prohibits discrimination and establish internal penalties for their failure to comply.
b) The integration of the job template when it is composed of at least the Forty per cent of the same gender, and ten per cent of the total corresponds to women holding managerial positions.
c) The application of egalitarian processes in the selection of personnel, contemplating from the publication of their vacancies to the entry of the staff.
d) Other considerations regarding health, protection and prevention inequality in the field of work, and
XII. Promote working conditions that prevent sexual harassment and their prevention by the development and dissemination of codes of good practice, information campaigns or training actions.
OF PARTICIPATION AND BALANCED POLITICAL REPRESENTATION OF WOMEN AND MEN
Article 35.- National Policy will propose the appropriate operating mechanisms for equal participation among women and men in the political and socio-economic decision-making.
Article 36.- For the purposes of the preceding article, the corresponding authorities shall develop the following actions:
I. Favor parliamentary work with the gender perspective;
II. Ensure that education at all levels is carried out within the framework of equality between women and men and that awareness of the need to eliminate all forms of discrimination is created;
III. Assess through the competent area of the National Human Rights Commission, the balanced participation of women and men in the positions of popular choice;
IV. Promote balanced participation and representation among women and men within the structures of political parties;
V. Encourage the equal participation of women and men in senior public positions;
VI. Develop and update gender-disaggregated statistics on decision-making positions and managerial positions in the public, private and civil society sectors, and
VII. Encourage the balanced and non-discriminatory participation of women and men in the selection, hiring and promotion processes of the civil service career of the Executive, Legislative and Judicial branches.
OF EQUAL ACCESS AND FULL ENJOYMENT OF SOCIAL RIGHTS FOR WOMEN AND MEN
Article 37.- In order to promote equality in access to and full enjoyment of social rights, the objectives of the Policy National:
I. Improve knowledge and implementation of existing legislation in the field of social development;
II. Monitor gender mainstreaming by conceiving, applying, and evaluate public, private and social policies and activities that impact daily life;
III. To permanently review policies for prevention, attention, sanction, and eradication of gender-based violence, and
IV. Modify the socio-cultural patterns of behavior of men and women with a view to to achieve the elimination of prejudices and customary practices and of any other kind that are based on the idea of the inferiority or superiority of any of the sexes or in stereotypical roles of men and women.
Article 38.- For the purposes of the preceding article, the corresponding authorities shall develop the following actions:
I. Ensure the monitoring and evaluation of the implementation in the three government orders, of existing legislation, in harmonisation with international instruments;
II. Promote knowledge of legislation and case law in society;
III. disseminate knowledge of their rights and mechanisms for their enforceability in society;
IV. Integrating the principle of equality in the field of social protection;
VI (sic DOF 02-08-2006). Boosting actions that ensure equality women and men's access to food, education and health, and
VII (sic DOF 04-06-2015). Promote permanent national campaigns raising awareness for women and men about their equal participation in the care of people who are dependent on them.
The content of the governmental or institutional advertising through which the campaigns referred to in this fraction are disseminated, must be devoid of stereotypes based on the sex of people.
OF EQUALITY BETWEEN WOMEN AND MEN IN CIVIL LIFE
Article 39.- In order to promote and strive for equality in the civil life of women and men, it will be the goal of National Policy:
I. Evaluate legislation on equality between women and men;
II. Promote women's specific rights as universal human rights, and
III. Eradicate the different modes of gender-based violence.
Article 40.- For the purposes of the preceding article, the appropriate authorities shall develop the following actions:
I. Improve the systems of inspection of work as regards the rules on equal pay;
II. Promote research with a gender perspective on health and safety at work;
III. Promote training for the authorities responsible for the procurement and administration of justice in the field of equality between women and men;
IV. Support the activities of citizen dialogue on equality legislation for women and men;
V. Strengthening cooperation and exchanges of information on human rights and equality between men and women with non-governmental organisations and international development cooperation organisations;
VIII (sic DOF 02-08-2006). Promote legislative and public policy reforms to prevent, address, sanction and eradicate in the public and private spheres;
IX (sic DOF 14-11-2013). Establish mechanisms for victim care in all types of violence against women;
X (sic DOF 14-11-2013). Encourage research on prevention, care, punishment and eradication of violence against women, and
XI (sic DOF 14-11-2013). Contribute to a more balanced distribution of the family responsibilities recognising parents the right to a leave and a paternity benefit.
OF REMOVING STEREOTYPES BASED ON SEX
Article 41.- It will be the goal of National Policy to eliminate stereotypes that encourage discrimination and violence against women. women.
Article 42.- For the purposes of the preceding article, the corresponding authorities shall develop the following actions:
I. Promote actions that contribute to eradicating all discrimination based on gender stereotypes;
II. Develop awareness activities on the importance of equality between women and men;
III. Monitoring the integration of a gender perspective in all policies public;
IV. Promote the use of a language with a gender perspective in the entire of social relationships;
V. Velar why the media convey an egalitarian image plural and non-stereotyped of women and men in society, promote knowledge and dissemination of the principle of equality between women and men and avoid the sexist use of language, and
VI. Monitor that the content of governmental or institutional advertising through which the campaigns referred to in this Law are disseminated is devoid of stereotypes established in the light of people's sex.
OF THE RIGHT TO INFORMATION AND SOCIAL PARTICIPATION IN EQUALITY BETWEEN WOMEN AND MEN
Article 43.- Everyone shall have the right to have the information requested by the authorities and public bodies available to them on policies, instruments and standards on equality between women and men.
Article 44.- The Federal Executive, through the System, according to its powers, will promote the participation of society in the planning, designing, implementing and evaluating the programmes and instruments of the equality policy between women and men referred to in this Law.
Article 45.- The agreements and agreements on equality between the Executive and its departments with the public, social or public sectors private, they will be able to deal with all aspects considered in the instruments of policy on equality, as well as to contribute in tasks of surveillance and other operational actions foreseen in this Law.
OF OBSERVANCE IN THE FIELD OF EQUALITY BETWEEN WOMEN AND MEN
Article 46.- According to the provisions of Article 22 of this Law, the National Human Rights Commission is responsible for the observance of the monitoring, evaluation and monitoring of national policy on equality between women and men.
aims to build an information system with the capacity to know the situation of equality between men and women, and the effect of the public policies applied in this field.
Article 47.- The observance must be carried out by persons of recognized trajectory and specialized in the analysis of equality between women and men.
Article 48.- The Observance on Equality between Women and Men will consist of:
I. Receive information on measures and activities to be undertaken by the public administration on equality between women and men;
II. Assess the impact on society of policies and measures affecting men and women on equality;
III. Propose the conduct of studies and diagnostic technical reports on the situation of women and men on the subject of equality;
IV. To disseminate information on the various aspects related to equality between women and men, and
V. The others that are necessary to meet the objectives of this Law.
Article 49.- According to the provisions of the Law of the National Commission on Human Rights, the Human Rights Commission may receive complaints, recommendations and submit special reports on the subject matter of this law.
Article First. This decree shall enter into force on the following day of its publication in the Official Journal of the Federation.
Article Second. The National Human Rights Commission will operate the area for compliance with monitoring, evaluation and monitoring, in the matters expressly conferred upon you by this Law and in which your opinion is required, to the following day of the entry into force of this Decree.
Mexico, D. F., as at 27 April 2006.-Dip. Marcela González Salas P., President.-Sen. Enrique Jackson Ramírez, President.-Dip. Marcos Morales Torres, Secretary.-Sen. Saul Lopez Sollano, Secretary.-Rubicas."
In compliance with the provisions of Part I of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication In the Federal Executive Branch, in Mexico City, Federal District, at the twenty-seventh day of July, two thousand six.- Vicente Fox Quesada.-Heading.-The Secretary of Governor, Carlos Maria Abascal Carranza.-Heading.
DECREE reforming the IV fraction of Article 16 and section VII of Article 38 and adding the Section VI to Article 42 of the General Law for Equality between Women and Men.
Published in the Official Journal of the Federation on June 4, 2015
Article Unique.- Article 16 (IV) and Article 38 (VII) are amended and Article 42 (VI) of the Law is added General for Equality between Women and Men, to remain as follows:
Single.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Mexico, D. F., as at 23 April 2015.-Dip. Julio Cesar Moreno Rivera, President.-Sen. Miguel Barbosa Huerta, President.-Dip. Luis Antonio González Roldan, Secretary.-Sen. Lucero Saldana Perez, Secretary.-Rubicas."
In compliance with the provisions of Part I of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I request the present Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at the first of June of two thousand fifteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.