B12

MEXICAN LAWS RELATED TO CHILD PROTECTION

Presenters: Martha Frias,  Graciela Jasa Silveira

Abstract Category: Diversity  

Instruction Level: Intermediate

Presentation: Click Here

Abstract:

Family violence has recently been recognized in Mexico as a health and social problem. Yet, it has existed in Mexican homes throughout time.

Some current laws permit the use of physical punishment as an adequate disciplinary strategy in the raising of children. Changes in laws for child protection in Mexico are recent. Most importantly, Mexican law defines family violence but lacks a definition of child abuse.  The Mexican Constitution establishes that children’s physical and mental integrity must be protected. Moreover, there is a special Law for the Protection of Children that institutes all rights from the Convention of Children’s Rights. However, the Article 248 of the Criminal Code of the Sonora State states that physical injuries that heal in less than 15 days are not punishable if they were induced by a legal guardian in attempting to “correct” their children’s misbehaviour. The same code defines Family Violence Crime as an act or intentional omission attempted at controlling or assaulting any family member causing physical, psychological or sexual abuse. The Criminal Code was significantly improved by establishing a family violence crime. However, this code still allows parents’ use of physical punishment to correct their children’s behavior. This means that even recent amendments to the laws in Mexico lack an effective protection for children. This paper is aimed at analyzing Mexican laws related to child protection, by comparing their changes with those achieved by legal statutes in the international level.