Though the rights to privacy, social security, equality and non-discrimination are protected in Mexico’s Constitution, serious violations of these rights continue in the labor market. he most common violations include the lack of social security for those who work in the informal economy, salary gaps between men and women, and gender stereotypes that continue to permeate laws and policies.
GIRE works to promote equality so that men and women can achieve work-life balance through measures such as access to daycare for mothers and fathers who work, flexible schedules and maternity and paternity leave.
“Office Hours: Shared Responsibility for Work-Life Balance”
GIRE researched, systematized and analyzed the regulatory framework and public policies related to work-life balance, as well as best practices on an international level, with the goal of reviewing the status of this framework in Mexico. The report was prepared using documentary sources: international instruments and resolutions, federal and state administrative laws and regulations, cases documented by GIRE, statistical data and other information obtained through requests for access to public information. The period covered by the requests for information spans January 1, 2010 to December 31, 2015 and research was concluded by December 2016.
In Mexico, many individuals cannot exercise their right to social security. On the one hand, many do not qualify for registration with social security institutions and, on the other, discriminatory regulations restrict the exercise of this right, such as the Social Security Law related to access to childcare facilities. In addition, the discriminatory view that women must bear the primary responsibility for child care, which represents a violation of the right to equality and non-discrimination, continues to permeate both law and practice. As in the case of Gabriela, working women who are not affiliated with any social security institution particularly lack protection.
National regulations related to labor and reproductive life are not harmonized with international standards. For example, the disparate length of maternity leave versus paternity leave do not contribute in a real way to equality in childcare responsibilities. The obligations of the Mexican State regarding the right to equality and non-discrimination imply offering parental leave based not on arbitrary distinctions based on the sex of the parents but rather allowing different types of families to choose how to distribute childcare responsibilities.
Cases and Data
Women and Girls without Justice: Work-Life Balance
Antonio, a beneficiary of the Mexican Social Security Institute (IMSS), wanted to use the public daycare near his home for his son. Upon applying, they informed him that his request was denied because his son’s mother mother must be registered with the IMSS. For Antonio to exercise this right, he needed to be a widower, divorced or with full parental authority and custody of the minor. Accompanied by GIRE, in January 2015, Antonio and his partner Gabriela presented an official request to the IMSS Office in the State of Mexico. Eventually, their case was resolved by Mexico’s Supreme Court, and they were granted access to free government daycare for their son.
Consult other information about cases and data on work-life balance on the platform.