In the United Mexican States, all individuals shall be entitled to the human rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Such human rights shall not be restricted or suspended, except for the cases and under the conditions established by this Constitution itself.
The provisions relating to human rights shall be interpreted according to this Constitution and the international treaties on the subject, working in favor of the broader protection of people at all times.
All authorities, in their areas of competence, are obliged to promote, respect, protect and guarantee Human Rights, in accordance with the principles of universality, interdependence, indivisibility and progressiveness. As a consequence, the State must prevent, investigate, penalize and rectify violations to Human Rights, according to the law.
Slavery shall be forbidden in Mexico. Every individual who is considered as a slave at a foreign country shall be freed and protected under the law by just entering the country.
No person may be prevented from performing the profession, industry, business or work of his choice, provided that it is lawful. This right may only be banned by judicial resolution, when third parties’ rights are infringed, or by government order, issued according to the law when society’s rights are infringed. No one can be deprived of legal wages, except by a judicial ruling.
No one can be compelled to work or render personal services without obtaining a fair compensation and without his full consent, unless the work has been imposed as a penalty by a judicial authority, which shall be subjected to the provisions established in the Article 123, sections I and II.
Only the following public services may be mandatory, and always according to the respective law: military service, jury service, councilman service and positions granted through the direct or indirect vote. Electoral and census duties shall be mandatory and free; however, those services performed professionally shall be paid as provided by this Constitution and any applicable laws. Social professional services shall be mandatory and remunerated according to the law and with the exceptions established in it.
Any contract, pact or agreement, which purpose is the demerit, loss or irrevocable sacrifice of a person’s liberty is prohibited.
Any contract by which a person agrees to his own proscription or exile, or by which he temporarily or permanently waives his right to practice certain profession, industry or business shall not be authorized either.
A work contract will oblige the person only to render the service mentioned in that contract during the term established by law, which may not exceed one year in detriment of the worker. The work contract cannot include the waiver, loss or damage of any political or civil right.
In the event that the worker fails to fulfill said contract, he only may be subjected to civil liability, but never may be exerted any coercion on him.
Penalties of death, mutilation, infamy, marks, physical punishments, torture, excessive fines, confiscation of assets, and other cruel punishments are prohibited. Every penalty shall be in proportion to the crime committed and to the legally protected interest.
Every person has the right to have a decent and socially useful job. Therefore, job creation and social organization of work shall be encouraged according to the law.
The Congress of the Union, without contravening the following basic principles, shall formulate labor laws, which shall apply as following:
A person who violates the duties of humanity in the prisoners and hostages of war, in the wounded, or in hospitals of blood, shall be applied for that single act: imprisonment of three to six years, except as provided for Special cases, in military laws.
The offense of corruption commits, obligates , induces, facilitates or provides for one or more persons under the age of 18 or one or more persons who are unable to understand the meaning of the act or one or more persons who Do not have the capacity to resist it to carry out any of the following acts:
A) Usual consumption of alcoholic beverages;
B) Consumption of toxic substances or consumption of any of the narcotics referred to in the first paragraph of article 193 of this Code or the drug dependency;
C) Begging for exploitation purposes;
D) Commission of an offense;
E) To be part of a criminal association; Y
F) To perform acts of corporal or sexual exhibitions simulated or not, with lascivious or sexual purpose.
Whoever commits this crime shall be imposed: in the case of subsection a) or b) imprisonment of five to ten years and a fine of five hundred to one thousand days; In the case of subsection c) imprisonment from four to nine years and from four hundred to nine hundred days fine; In the case of subsection d), the provisions of article 52, of Chapter I, of Title Three, of this Code shall be in force; In the case of paragraph e) of a prison sentence of seven to twelve years and a fine of eight hundred to two thousand five hundred days.
When begging for poverty or neglect, it must be attended by social assistance.
Article 205a Trafficking in Persons Less Than Eighteen Years of Age or Persons Who Have No Ability to Understand the Meaning of Fact or Persons Who Have No Ability to Resist It
The sanctions indicated in articles 200, 201, 202, 203 and 204 shall be increased to double that of the corresponding when the author has to the victim, any of the following relations:
A ) Those who exercise parental authority, custody or custody;
B ) Ascendants or descendants without limit of degree;
C ) Collateral relatives up to fourth grade;
D ) Tutors or healers;
E ) The one exercised over the victim by virtue of an employment, educational, domestic, medical or any other relationship involving the subordination of the victim;
F ) Who uses public function to commit the crime;
G ) Who lives in the same address as the victim;
H ) To the minister of a religious cult;
Article. 206 .
The pimping is punishable by imprisonment from two to nine years and fifty to five hundred day fine.
Article 206 BIS.
Commits the crime of pimping:
I.- Any person who exploits the body of another by means of the carnal trade, maintains of this commerce or obtains of him any profit;
II. The person who induces or solicits a person so that with another, sexually with his body or provides him with the means to give himself to prostitution, and
III.- To the one who regents, administers or sustains directly or indirectly, brothels, houses of appointment or places of concurrence expressly dedicated to exploit prostitution, or obtain any benefit with its products.
It shall be imposed from six months to three years imprisonment and from twenty-five to one hundred days fine: The individual who deprives another of his freedom.
If the deprivation of liberty exceeds twenty-four hours, the penalty of imprisonment shall be increased by one more month for each day.
It shall be imposed from six months to three years imprisonment and from twenty-five to one hundred days fine: The individual who deprives another of his freedom. If the deprivation of liberty exceeds twenty-four hours, the penalty of imprisonment shall be increased by one more month for each day.
It shall be imposed from six months to three years imprisonment and from twenty-five to one hundred days fine:
The individual who deprives another of his freedom. If the deprivation of liberty exceeds twenty-four hours, the penalty of imprisonment shall be increased by one more month for each day.
The penalty of imprisonment shall be increased by up to one half, when the deprivation of liberty is carried out with violence, when the victim is under the age of sixteen or over sixty years of age, or when under any circumstance, the victim is in a situation of inferiority Physical or mental with respect to who executes it.
They shall be imposed from three days to one year in prison and a fine of five to one hundred pesos:
I.- To oblige another to render personal work or services without due remuneration, either by using physical or moral violence or by using deception, intimidation or any other means, and
II.- To a person who concludes with another a contract that deprives the latter of freedom or imposes conditions that constitute a kind of servitude or that seize some person and deliver it to another in order that the latter enters into such a contract .
Any person who illegally deprives another of his or her liberty for the purpose of performing a sexual act shall be punished with one to five years' imprisonment.
If the perpetrator returns the victim to freedom without having performed the sexual act, within three days, the penalty will be from one month to two years in prison.
This offense will only be prosecuted for the offense of the offended person.
The one who deprives of freedom to another will be applied:
II. From twenty to forty years imprisonment and from two thousand to four thousand days fine, if in the deprivation of liberty referred to in the preceding section one or more of the following circumstances concur:
A) That is carried out in public way or in place unprotected or solitary;
B) That the author is or has been a member of a public security institution, or be held as such without being;
C) That those who carry out work in a group of two or more people;
D) That it is carried out with violence, or
E) That the victim is under sixteen or more than sixty years of age, or that for any other circumstance is in physical or mental inferiority with respect to the one who executes the deprivation of liberty.
III. Twenty-five to fifty years imprisonment and four thousand to eight thousand days fine shall apply, when the deprivation of liberty is carried out with the purpose of transferring a minor of sixteen years out of national territory, with the purpose of obtaining an undue profit For the sale or delivery of the child.
Commits the offense of trafficking in children, who transfers a child under the age of sixteen or delivers it to a third party, illegally, outside the national territory, for the purpose of obtaining an undue economic benefit by the Transfer or delivery of the child.
They commit the crime referred to in the previous paragraph:
I. Those who exercise parental authority or custody over the child, even if it has not been declared, when materially carrying out the transfer or surrender or for having consented to do so;
II. Ancestors with no degree limit, collateral relatives and by affinity up to the fourth degree, as well as any third party who is not related to the minor.
It shall be understood that the persons referred to in the preceding paragraph act unlawfully when they are aware that:
A) Those who exercise parental authority or custody of the child have not given their express consent for the transfer or delivery, or
B) Those who exercise parental authority or custody of the child will obtain an undue economic benefit for the transfer or delivery.
III. The person or people who will receive the under-age.
Those who commit the offense referred to in this article shall be punished by three to ten years in prison and four hundred to a thousand days fine.
In addition to the sanctions indicated in the previous paragraph, the rights of parental authority, guardianship or custody shall be deprived of any rights to those who, when exercising them, commit the offense referred to in this article.
Up to two-thirds of the penalties referred to in this article shall apply, when the child is transferred or delivered in the national territory.
Article 366 quarter.
The penalties referred to in the previous article shall be reduced by one half when:
I. The transfer or delivery of the child is carried out without the purpose of obtaining an undue economic benefit, or
II. The person receiving the child has the intention of incorporating it into the family.
The penalties referred to in this article shall be imposed on the father or mother of a child under the age of sixteen who, unlawfully or without the consent of the person or persons exercising parental authority or custody of the child, without the purpose of obtaining an improper profit , Move it outside the national territory in order to change their habitual residence or prevent the mother or father, as the case may be, to live with the child
Or visit it. In addition, the rights of patria potestas, guardianship or custody shall be deprived of those who, if appropriate,
Having the exercise of these commit the crime referred to in this article. In the cases referred to in this article, the offense shall be prosecuted at the request of an offended party.
Any intentional act or omission of one or more persons to capture, engage, transport, transfer, retain, deliver, receive or lodge one or more persons for the purpose of exploitation shall be subject to 5 to 15 years' imprisonment and From one thousand to twenty thousand days fine, without prejudice to the corresponding penalties for each of the crimes committed, provided for and sanctioned in this Law and in the corresponding penal codes.
A person's exploitation shall be understood as:
I. Slavery, in accordance with article 11 of this Law;
II. The status of serf, in accordance with article 12 of this Law;
III. The prostitution of others or other forms of sexual exploitation, in the terms of articles 13 to 20 of this Law;
IV. The labor exploitation, in the terms of article 21 of the present Law;
V. Forced labor or services, in the terms of article 22 of this Law; VI. Forced begging, in the terms of article 24 of this Law;
VII. The use of persons under the age of eighteen years in criminal activities, in the terms of article 25 of this Law;
VIII. The illegal adoption of a person under the age of eighteen, under the terms of articles 26 and 27 of this Law;
IX. Forced or servile marriage, in the terms of article 28 of this Law, as well as the situation provided for in article 29;
X. Trafficking in organs, tissues and cells of living humans, in the terms of article 30 of this Law; And
XI. Illicit biomedical experimentation on human beings, in the terms of article 31 of the present Law
Whoever has or maintains another person in a situation of slavery, will be punished with a penalty of 15 to 30 years imprisonment and a thousand to 20 thousand days fine.
Slavery is understood as the domination of one person over another, leaving it without the ability to freely dispose of its own person or property and exercise, in fact, attributes of the right of ownership.
Whoever has or maintains a person in the condition of a servant shall be punished with a penalty of 5 to 10 years in prison and a thousand to 20 thousand days fine.
He is a servant:
I. By debts: The condition that results for a person from the fact that a debtor has committed to provide his personal services, or those of someone over whom he exercises authority, as collateral of a debt, if the services rendered, equitably valued, Do not apply to the payment of the debt, or if its duration is not limited or the nature of said services is defined.
II. By soil [serfdom]: It is a servant for a land that:
A) It is prevented from changing its condition to live or to work on a land belonging to another person;
(B) Is obliged to provide services, whether paid or not, without being able to leave the land belonging to another person;
C) Exercise property rights of a land that also implies rights over persons who can not leave the property.
A fine shall be punishable by 15 to 30 years' imprisonment and a fine of 1,000 to 30,000 days, which shall benefit from the exploitation of one or more persons through prostitution, pornography, public or private exhibitions Of sexual order, sex tourism or any other remunerated sexual activity through:
I. The deception;
II. Physical or moral violence;
III. Abuse of power;
IV. The use of a situation of vulnerability;
V. Serious damage or threat of serious injury; or
VI. The threat of denouncing him to authorities regarding his immigration status in the country or any other abuse of the use of the law or legal procedures, which causes the taxpayer to submit to the requirements of the asset.
In the case of persons who are minors or persons who do not have the capacity to understand the meaning of the act, verification of the means referred to in this article shall not be required.
A fine will be sanctioned with a sentence of 10 to 15 years of imprisonment and of a thousand to 30 thousand days fine, to which it subjects to a person or it benefits of subjecting a person to carry out pornographic acts, or to produce or benefit from The production of pornographic material, or deceives or engages in deceiving a person to perform sexual services or perform pornographic acts.
A penalty of 15 to 30 years of imprisonment and of 2,000 to 60,000 fine shall be imposed, as well as confiscation of the objects, instruments and proceeds of crime, including destruction of the resulting materials, which seeks, promotes , Obliges, publicizes, manages, facilitates or induces, by any means, a person under eighteen years of age, or who does not have the capacity to understand the
Meaning of the fact, or does not have the capacity to resist the conduct, to perform sexual acts or exposicionismo corporal, for sexual purposes, real or simulated, in order to produce material through video to record them, record them, photograph them, film them, display them Or describe them through print advertisements, computer systems, electronic or substitutes, and financially benefit from the exploitation of the person.
If force, deception, physical or psychological violence, coercion, abuse of power or vulnerability, addictions, a hierarchical or trust position, or the granting or receipt of payments or benefits are used To obtain the consent of a person having authority over another or any other circumstance that diminishes or eliminates the will of the victim to resist, the penalty provided in the previous paragraph shall be increased by one half.
The same penalties provided for in the first paragraph of this article shall be imposed on the person who finances, manufactures, stores, distributes, markets, leases, exhibits, advertises, distributes, acquires, exchanges or shares, by any means, the material Refer to the above behaviors.
A penalty of 15 to 25 years of imprisonment and a thousand to 20 thousand days shall be imposed, which promotes, publicizes, invites, facilitates or manages by any means that one or more persons travel to the interior or exterior of the territory National for the purpose of engaging in any kind of sexual activity, real or simulated, with one or more persons under eighteen years of age, or with one or more persons who are unable to understand the meaning of the act or with one or more People who do not have the capacity to resist it, and benefit economically from it.
A fine will be sanctioned with a sentence of 5 to 10 years of imprisonment and of 4 thousand to 30 thousand days fine, the one that contracts a person or offers a work other than the sexual services and induces to realize them, under deceit in any of The following circumstances:
I. That the agreement or contract includes the provision of sexual services; or
II. Nature, frequency and specific conditions; or
III. The extent to which the person will be free to leave the place or area in exchange for performing such practices; or
IV. The extent to which the person will be free to leave work in exchange for the performance of such practices; or
V. The extent to which the person will be able to leave his place of residence in exchange for the performance of those practices; or
VI. If it is alleged that the person has contracted or will incur a debt in relation to the agreement: the amount, or the existence of the amount owed or supposedly owed.
A fine will be sanctioned with a sentence of 5 to 10 years of imprisonment and of 4 thousand to 30 thousand days fine, which, obtaining economic benefit for itself or for a third party, contract even lawfully, another for the provision of sexual services In the circumstances of fractions II to VI of the previous article.
A penalty of 3 to 10 years in prison, and from 5,000 to 50,000 days a fine, will be sanctioned with one or more persons.
There is labor exploitation when a person obtains, directly or indirectly, unjustifiable economic or other benefit, in an illegal way, through the work of others, subjecting the person to practices that violate his dignity, such as:
I. Dangerous or unhealthy conditions, without the necessary protections according to the labor legislation or the existing norms for the development of an activity or industry;
II. Existence of a manifest disproportion between the amount of work performed and the payment made by it, or
III. Salary below what is legally established.
A penalty of 10 to 20 years of imprisonment and a fine of 5,000 to 50,000 days shall be sanctioned, who has or maintains a person in forced labor.
There is forced labor when it is obtained by:
I. Use of force, threat of force, physical coercion, or threats of physical coercion to that person or to another person, or using the force or threat of force of a criminal organization;
II. Serious harm or threat of serious harm to the person who places it in vulnerable condition;
III. The abuse or threat of denunciation to the authorities of their illegal immigration situation in the country or of any other abuse in the use of the law or legal process that causes the taxpayer to submit to unfair conditions or that violate their dignity .
No forced labor or service or labor exploitation shall be considered when:
I. Required under the laws on compulsory military service;
II. Form part of the normal civic obligations of the citizens towards the Federation, the Federal District or its territorial demarcations, the states or municipalities;
III. A person is required by virtue of a sentence pronounced by a court judgment, or under the terms of Article 21 of the Constitution as work in favor of the community, provided that this work or service is performed under the supervision and control of public authorities , And that said person is not transferred or made available to private individuals, companies or legal entities;
IV. The works are voluntary and performed by members of a community for the direct benefit of the community and therefore can be considered as normal civic obligations that belong to members of the local community, national or an international organization, groups or associations of society Civil and public or private charitable institutions.
A prison sentence of 4 to 9 years and a fine of 500 to 20 thousand days will be sanctioned, whoever uses a person to perform acts of begging.
Exploitation of the begging of others means gaining a benefit by forcing a person to seek alms or charity against his will, by resorting to the threat of serious injury, serious injury or the use of force or other forms of coercion, or The deceit.
If persons who are under the age of eighteen, over seventy, pregnant women, persons with injuries, illnesses or physical or psychological disabilities are used for the purposes of the first paragraph of this article, a sentence of 9 to 15 years' imprisonment and a Thousand to 25 thousand days fine.
A fine of 20 to 40 years of imprisonment and of 2 thousand to 20 thousand days fine shall be imposed on the father, mother, guardian or person having authority over whom the conduct that is delivered or received in an illegal, illicit, Irregular or even by adoption, a person under eighteen years of age in order to abuse or exploit it sexually or any of the forms of exploitation referred to in article 10 of this Law.
In all cases in which this behavior is proven, adoption will be declared void.
A fine of 3 to 10 years in prison and a fine of 500 to 2 thousand days shall be imposed, which he or she shall deliver as a parent or guardian or person who has authority over whom the conduct is carried out or receives for pecuniary interest, in Their status as adopter in an illegal, unlawful or irregular manner, to a person under the age of eighteen.
In all cases in which this behavior is proven, adoption will be declared void.
It will not be proceeded against who in good faith has received a person in irregular condition, in order to integrate it as part of their family nucleus with all its consequences.
A sentence of 4 to 10 years of imprisonment and of 200 to 2 thousand days fine will be imposed, in addition to the declaration of nullity of marriage, to which:
I. Obligate to contract marriage to a person, free of charge or in exchange for payment in cash or in kind delivered to his parents, guardian, family or any other person or group of persons exercising an authority over it;
II. It forces a person to marry a person for the purpose of prostitution or subjection to slavery or similar practices;
III. Transfer or transfer a person to a third party, for consideration, free of charge or otherwise.
A penalty of 20 to 40 years of imprisonment and of 2,000 to 30 thousand days will be imposed, to which sexual exploitation taking advantage of the marriage relationship or concubinage. In all cases in which this conduct is proven, the marriage will be declared void.
A penalty of 15 to 25 years of imprisonment, and of 2,000 to 30 thousand days fine, shall be imposed on anyone who carries out the removal, removal or procurement of a living organ, tissue or cells, in exchange for a benefit Or through a commercial transaction, not including the legal medical procedures for which the proper consent has been obtained, under the terms established by the General Health Law.
GENERAL LAW ON THE PREVENTION, PUNISHMENT, AND ERADICATION OF OFFENSES IN THE FIELD OF TRAFFICKING OF PERSONS AND FOR THE PROTECTION AND ASSISTANCE OF THE VICTIMS OF THESE OFFENSES 2012 (PDF)