Washington, D.C. – This December 4, 2024 marks the 10th Anniversary of the entry into force of the General Law on the Rights of Children and Adolescents in Mexico (LGDNNA). With it, Mexico set a fundamental precedent in the recognition of children and adolescents as rights-holders and in the priority protection of children on the move.
“A decade after its implementation, at KIND we celebrate the contributions of the Law that even established a regional and global standard in how we should view children and adolescents on the move,” said KIND’s Director of Policy and Advocacy in Mexico, Elba Coria Márquez. “The LGDNNA defends a view that children’s best interests should be at the center of all government decisions, and prioritizes child participation and the protection and fulfilment of their rights for the sole reason that they are children and adolescents in a situation of vulnerability,” she added.
Such groundbreaking legislation in Mexico has faced multiple challenges, including budgetary, social awareness and technical capacity building at all levels of government, not only in terms of children, but also of human rights and particularly vulnerable groups.
While challenges persist in guaranteeing that children and adolescents on the move in Mexico are able to enjoy the comprehensive protection of rights they require and to which they are entitled, thanks to the LGDNNA, it has been possible to achieve a number of important advances for children on the move. Among these, include:
- The protection and fulfilment of children’s rights as a priority, over and above considerations of migration policy.
- The creation by the National System for the Comprehensive Protection of Children and Adolescents (SIPINNA) and the several state-level SIPINNAs – such as in Veracruz and Chihuahua, and some municipalities such as Tapachula – of Special Protection Commissions for migrant children and those with international protection needs, from which actions are coordinated and public policies for care and protection are shared between the various authorities.
- The approval of a Comprehensive Protection Route for the rights of children and adolescents on the move, approved by the Federal Executive, the governors and other authorities that make up SIPINNA for its adoption also at the state and municipal levels.
- The obligation of the Attorneys General (Procuradurías) for the Protection of Children and Adolescents to activate special protection procedures to determine the best interests of each child on the move and to dictate the measures that must be complied with by the various authorities of the country, including the National Institute of Migration (INM), to guarantee their well-being and comprehensive restitution of rights.
- Family reunification as a right and core principle regarding children on the move who may experience family separation due to their migration, making it possible to reunite them with their loved ones either in Mexico or in a third country, if their best interests and the effective protection of their rights so dictate.
- The legal prohibition of immigration detention of children on the basis of their irregular entry or stay. Today, most children and adolescents on the move are not deprived of their liberty by the INM in migrant detention centers.
- The obligation to immediately channel unaccompanied children and adolescents to appropriate care spaces for their well-being and attention under the authority of the country’s Comprehensive Family Development (DIF) system. This has led not only to the DIF systems, with funding from the federal government, creating spaces for the reception of unaccompanied children and adolescents but also for children accompanied by their families. Currently, it is estimated that there are more than 70 specialized spaces in the country.
- The legal obligation of the INM to issue visitor cards for humanitarian reasons to migrant children and adult family members accompanying them, a measure that seeks to ensure that no child or adult family member who protects them lacks a regular status in the country while their best interests are determined.
- The duty of the Attorneys General (Procuraduría) offices to accompany, watch over and protect the best interests and rights of children and adolescents in all administrative and judicial proceedings involving or affecting them, including those of a migratory nature or their recognition as refugees.
For the coming years, we consider it essential to continue working on actions that strengthen and realize the enjoyment of rights by children and adolescents on the move, regardless of their nationality, migratory status or any other similar condition. In this sense, KIND takes the opportunity to highlight the following 5 key recommendations to strengthen the protection of unaccompanied children and adolescents in Mexico:
- To avoid unjustified separations, ensure authorities to prioritize actions that allow migrant children to remain with their families during their immigration or asylum process and coordinate efforts of various institutions to ensure that family reunification is carried out safely and for the benefit of the emotional and physical well-being of each child, always observing their best interests.
- Strengthen timely, quality, and specialized contributory representation (representación coadyuvante), as well as guarantee the participation and access of children and adolescents to pro-bono law firms, civil society organizations, or other public or private institutions such as the Instituto Federal de Defensoria Publica (IFDP) with free services that provide them with information, assistance, and legal defense in their administrative and judicial processes.
- Ensure that every child or adolescent on the move has quality and effective plans and measures to protect and restore their rights, focused on their best interests and well-being.
- Implement alternative care models in accordance with the various profiles of children and adolescents (families, pregnant adolescents), prioritizing preparation for independent living and family strengthening such as foster families and group homes, among other models.
- Create mechanisms, with the participation of civil society, to ensure children’s access, information and participation in special protection processes, in order to prevent returns that put them at risk or violate their rights, ensuring that all options for their protection are assessed, including permanent residence in Mexico and family reunification or protection in a third country.
###
Media Contact: Megan McKenna, mmckenna@supportkind.org, 202-631-9990