In a country where one-in-six births is to teenage mothers, at first glance, Mexico’s new youth policies seem proactive. Young people can get counselling on sexual and reproductive health, contraception methods, sexually transmitted diseases, and even the Pill.
The catch? Their parents have to come with them.
In a traditionally Catholic country with a conservative government, this may not be too surprising. But it’s been nearly a decade since Mexico signed the Ibero-American Convention on Youth Rights (CIDJ), in force since 2008, and the government is one of ten that still hasn’t ratified it.
The CIDJ recognises young people aged between 15 and 24 as having both rights and responsibilities. NGOs are calling on the government of President Enrique Peña Nieto to finally reflect this in its policies, including the new law approved last year.
“The convention makes a substantive change by recognising young people as rights holders,” Regina Tamés, director of the non-governmental Information Group on Reproductive Choice tells Equal Times.
“There has been a whole interpretation claiming that the law says if they are under age 18 they must always be accompanied by an adult, but it is not so, there are some decisions that are in the hands of young people,” she says.
The specialist says the convention, signed on 11 October 2005 in Badajoz, Spain, represents a “change of paradigm”, by recognising that this segment of the population “can take decisions.”
But the application of the convention has been beset with controversy. In July 2014, the Public Health Ministry published the draft regulation in the Official Journal of the Federation and received public comments on it for two months.
The government and civil society organisations subsequently exchanged views on the document, subsequently published at length, until a final version was reached.
On 12 August 2015 the ministry published the Regulation, bringing it into effect, but with content that had not been agreed on with the NGOs. The most controversial element was on reproductive health services, made conditional on the presence of parents or guardians at the appointment.
The GIRE filed a complaint with the Public Service Ministry, calling for an inquiry into why a document different to the one agreed on had been published, and who was responsible.
The government published a clarification on 18 September and promised to publish an amended text.
High birthrate
Out of Mexico’s population of 122 million, 31 million are young people ages 15 to 29, accounting for a quarter of the total. And NGOs argue their social practices must be taken into account when formulating policy.
The 2012 National Health and Nutrition Survey reported that almost 15 per cent of males and 33 per cent of females aged between 12 and 19, who had engaged sexual relations, did not use any form of contraception the first time they had sex – thus explaining the high birthrate amongst teens.
That’s one reason Nayeli Yoval, president of the non-governmental organisation Elige - Youth Network for Sexual and Reproductive Rights, is highly critical of the Mexican government for failing to ratify the CIDJ.
“It is the only international instrument that recognises young people as rights holders. The government should have a better basis for implementing public policies for young people. There is a real fear of recognising them,” Yoval tells Equal Times.
The Convention commits states to guarantee the rights enshrined in the CIDJ, such as the right to peace, a life without violence, personal security and freedom, non-discrimination, justice, education and protection against sexual abuse.
The administration of conservative president Felipe Calderón (2006-2012) refused to ratify the Convention due to the references to sexual and reproductive rights, compulsory military service in Mexico and the work of youth under 15.
Nor did his fellow conservative successor, President Nieto, ratify the Convention, despite the urgings of the Mexican Senate.
Combating domestic violence is another reason cited for the Convention. The 2012 National Survey on the Dynamics of Relationships in the Home reports that 45 per cent of teenage women aged who are married or living with their partners said they had been the victims of at least one act of violence by their partner during their last relationship.
And yet Mexico is amongst a half dozen Latin American countries that have not ratified the Convention: Argentina, Colombia, El Salvador, Chile and Brazil. Between 2006 and 2008, Dominican Republic, Ecuador, Honduras, Spain, Costa Rica, Uruguay and Bolivia ratified the Convention, allowing it to come into force.
“Despite Mexico having always been part of international consensuses, there are groups that are convinced that minors cannot take decisions,” says Tamés. “I don’t know what interests are behind this. The Convention would strengthen young peoples’ decision-making power. They say young people are the future, but when it comes to giving them rights, their hands tremble.”
