Abstract
This article aims to address gender violence and femicide through the analysis of several aspects related with its reality and current problematic or conundrum, the new standards to widen gender perspective in the ministerial practices and judicial reasoning, as well as the controversies and tensions generated by the social risk related to impunity and the current control policies and exception categories created to fight femicides and violence against women with the principles and fundaments wherewith the criminal justice system and human rights operate in Mexico.
Highlights
This article aims to address gender violence and femicide through the analysis of several aspects related with its reality and current problematic or conundrum, the new standards to widen gender perspective in the ministerial practices and judicial reasoning, as well as the controversies and tensions generated by the social risk related to impunity and the current control policies and exception categories created to fight femicides and violence against women with the principles and fundaments wherewith the criminal justice system and human rights operate in Mexico
According to the report done by the Office of United Nations Against Drug and Crime (OUNADC), it was revealed that 87 thousand women were murdered worldwide only during 2017; the most worrying of this data is that almost 60% of this murders were committed by their current or past romantic partners, their parents, brothers, women, sisters and other members of their family environment[24]
The jurisprudential development of these guidelines can be found in the Case: Rosendo Cantu and Others vs. Mexico, sentence of August 31 of 2010, in paragraphs from 110 to 122, and afterwards in some manner has been expressed in the recent SCJN V/2015 which establishes that: “The Inter-American Court of Human Rights has stipulated that sexual raping is subsumed in an act of torture when the mistreatment reunites the following elements: (I) it is intentional; (II) causes severe suffering may it be physical or mental; and (III) it is committed with a certain purpose or end
Summary
The reality of violence against women is a social phenomenon of multiple and diverse dimensions; from a human rights perspective it represents a rupture with a very ample catalogue of standards, guidelines, principles, rights and freedoms in virtue of international law, and with a set of institutional and social models that have contributed continuously for the formation of gender identity; that is why gender violence is understood as a product of a socio-cultural construct based on the biological difference. Violence against women turns out to be a very complex phenomenon, does it generate vagueness in the processes of interpretation and application of gender perspective in the judges’ arguments at the moment of solving cases essentially controversial in matters of violence and discrimination against women; and, we have to be aware of the complications that the social and institutional model of violence has with the legal, cultural and ideological barriers, which prevent partially, that the violence against women to be conceived still as a phenomenon that cannot extend further than the romantic relationship in the private context For this reason, we consider that this issue needs to be emphasized, because the lack of precise and sufficient information hinders the taking of appropriate measures, actions and effective resources from the State in violence cases that are committed in the family scenario, as it has been seen, continues to be the most usual place in which violence is exercised and generally the most unpunished due to the anonymity and invisibility of the aggression. Such circumstance creates a paradox, whilst in the public space, stereotyped gender roles have been transforming, on the other hand, the social order of these communities remain virtually unaltered[29]
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