Gender Stereotyping and the Federal Judiciary in Mexico

Abstract

Despite many and important changes that have taken place in Mexican society in recent decades, women still face several obstacles to enjoying their rights effectively. Discrimination due to gender stereotyping is one of these obstacles. According to psychological research, stereotyping is part of individuals’ cognition and socialization process, but it can be negative in certain circumstances. The main hypothesis of this article is that there is a lack of gender perspective and an inadequate application of international human rights standards by Collegiate Circuit Courts of the federal judicial branch in Mexico, since the use of gender stereotypes persists in the process of judicial argumentation. This situation prevents women from fully exercising their rights and constitutes a violation of International Human Rights Law. Therefore, the State, and specifically the federal judicial branch, should adopt the necessary measures to fulfill its international obligations.