- General information
- Acts
- Exchange acceptance and status and authority as recommendatory point
| Case | Lack of implementation of specific mechanisms for prevention, attention, research, if, punishment of all acts of violence against women into the Heroic Firefighters Federal District. |
| Human rights violated | Derecho de las mujeres a una vida libre de violencia. Right to equality before the law and non-discrimination. |
| Emission | 07 October 2014. |
| Authority recommended | General Directorate of Fire Rescue Heroic Federal District. |
| Authority recommended collaborative | Women's Institute of the Federal District. |
The 13 February 2012, mediante escrito, this Commission received two complaints, the first of the petitioner Juana Mendoza Vallejo (Demand 1), and the second of the petitioner Maria Luisa Chavez Salmerón (petitioner 2) and another[1], against public servants of the Heroic Firefighters Federal District (HCBDF).
The first was recorded under file number CDHDF / IV / 121 / BJ / 12 / D0889 and its investigation the following facts:
- Demand 1 worked in the hcbdf from 1986 and from 16 June 2004, he was assigned to Station "Comandante Enrique Padilla Lupercio", in the Benito Juárez (Benito Juárez station).
- The 11 February 2012 was notified to the petitioner 1, through official, his change of allegiance to the Station "Comandante Blanquel Jesus Corona", en la Delegación Iztapalapa (Iztapalapa station). The document was signed by the Director General of hcbdf, First Superintendent Raul Carbajal Esquivel.
- Demand 1 affiliated to the Union of Civil Servants Mexico City (SSPCM) and no addition to Union, had been party to a lawsuit to hcbdf in which several people that institution workers obtained a favorable ruling, reasons why he was considered discriminating.
- The reasons provided the authority to change the petitioner 1 secondment, were based on arguments like: service need, seniority and good work performance of the petitioner, and a decision supported by an opinion issued by the Assistant General Counsel of hcbdf, derived from the beginning of a report issued the administrative 2 August 2011 for alleged misconduct committed by herself.
- During the investigation, they were raised to the petitioner 1 various administrative proceedings, motivated by the alleged commission of conduct made against their colleagues firefighters, whose determinations were based on legal opinions issued by the Assistant General Counsel of hcbdf. Also, Demand 1 was the victim of various acts of violence by the staff member at Union hcbdf.
- The 25 February 2014, was notified to the petitioner 1 the termination of his employment relationship with the hcbdf, as a result of the lifting of administrative record and the issuance of the opinion of the Legal Branch of hcbdf.
The second complaint, was registered under file number CDHDF / IV / 122 / cuauh / 12 / D0893 and its investigation the following facts:
- Demand 2 from working in the hcbdf 2005, which develops administrative functions. It is affiliated to the Union and his last assignment hcbdf even before filing his complaint was in the Department of the Academy.
- The 11 January 2012, a member of the Union hcbdf allegedly made sexual innuendos you, pointing out that if he did not agree the disrepute and lose his job.
- The 12 January and February 1st 2012, meetings were held with various authorities hcbdf, including members of the General Council of Representatives were (CGR)[2], Administrative Director, Technical Director, Assistant Director of Human Resources and the then Assistant General Counsel. In the same, a member of the Union hcbdf exhibited photographs of the intimate life of the petitioner 2, same as they were released into the hcbdf.
- Derived from these meetings, the member of the Union requested hcbdf floor of the petitioner 2 the, if, his change of allegiance. Above, arguing that these images had been taken in the workplace and in one of the pictures a helmet fire was, that they believe, had been taken from the equipment that hcbdf. The situation tells fue proven.
- The 7 February 2012, they reported his change of allegiance to the petitioner 2 Features (oficialía parts) Central Station, with a schedule of 24 Hours of Work 48 hours of rest, needs of the service.
- During the investigation, Demand 2 secondment was changed twice and was threatened, intimidation and attacks by some of his colleagues and fellow firefighters.
- Currently the petitioner 2 performs its functions in the Technical Direction of hcbdf; however, continues his fears about job security.
[1] Who expressed his desire not to be part of this Recommendation.
[2] Instance consists of the union or trade union representatives.
General Directorate of Fire Rescue Heroic Federal District
General Directorate of Fire Rescue Heroic Federal District
| POINT RECOMENDATORIO | TYPE OF ACCEPTANCE | STATUS |
| First. En un plazo que no exceda de seis meses, from the date of acceptance of this Recommendation, reparations to the aggrieved for non-pecuniary damage, caused by the violations of their human rights in accordance with the standards established in the Guidelines for the payment of financial compensation resulting from the recommendations or Reconciliations Commission on Human Rights of the Federal District or the National Commission of Human Rights. | Accepted | Subject to monitoring |
| Second. Within six months of the acceptance of this recommendation, develop and implement it into their dependency prevention mechanism, attention, accompaniment, research, eradication and punishment of violence against women when it is attributable to their own personal, through collaboration and assistance of the Women's Institute of Mexico City, and in collaboration with an academic authority or civil society. About, they must ensure adequate human and financial resources for the implementation of such a mechanism. In its design, should take into consideration the protocols and guidelines, and applicable best practices in prevention, attention, eradicate and punish all forms of violence with women workers in the Civil Service of the Government of Mexico City, considering at least as regards the measures of non-repetition of this recommendatory instrument. | Accepted | Subject to monitoring |
| Third. Within a period not exceeding three months from the acceptance of this recommendation, the necessary and appropriate measures to ensure the labor human rights of women victims are taken, accordance with standards developed in the section on repairs. | Accepted | Subject to monitoring |
| Fourth. In a period not exceeding 15 calendar days, from the date of acceptance of this recommendation, previo consentimiento de las víctimas, take the necessary steps and make the appropriate arrangements in order to provide as a rehabilitation, el tratamiento y acompañamiento psicológico especializado que requieran, for the reasons stated in the section on repair criteria set out in this Recommendation. | Accepted | Subject to monitoring |
| Fifth. In a period not exceeding 60 calendar days, from the date of acceptance of this recommendation, an act of recognition of responsibility satisfactory for victims is made, same to be agreed with them and with this Committee, and according to the standards developed in the section on repairs. | Accepted | Subject to monitoring |
Women's Institute of the Federal District
Women's Institute of the Federal District
| POINT RECOMENDATORIO | TYPE OF ACCEPTANCE | STATUS |
| Sixth. Advise and assist with hcbdf in the design and implementation of a prevention mechanism, attention, accompaniment, research, eradicate and punish violence against women workers that institution. | Accepted | Subject to monitoring |