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Immigration and Human Rights Law Review

Abstract

The gender pay gap is an ongoing reality for women in Mexico, where domestic human rights commissions have reported it to be 76.5% as of 2023. As one of the Latin American countries with the highest gender pay gap, this paper analyzes the extent of government efforts to narrow the gap throughout different presidential administrations. Contemporaneously, the role of cultural machismo in Mexican society was examined to determine its impact on legal drafting and application for the benefit of women. The findings showed that cultural machismo and a passive government have impeded the closing of the gender pay gap and enabled ongoing human rights violations toward Mexican women. Mexico is a ratifying state for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The CEDAW Committee’s observations released in its July 2018 report to Mexico made it clear that the country is on notice of women’s scarce participation in the workforce. Additionally, by failing to apply its numerous laws and reforms meant to prevent women’s financial, cultural, and social barriers to gaining equal access to the workforce, Mexico is a ratifying state in violation of the CEDAW.

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