test
Search publications, data, projects and authors
The warning mechanism for gender-based violence in Mexico: the existence of a protective regulatory design?

article

<oai:doaj.org/article:46375342ab3d4da9bdb95af56b89f560>
KeywordsTriple Keywords
Attention
Concentration (Psychology)
Flow (Psychology)
Ontology
Being
Participation
Judiciary
Courts
Courts--Law and legislation
Concepts
Concept formation
Literature--Evaluation
Criticism--Technique
Evaluation of literature
Criticism
Literary criticism
Legislative enactments
Laws (Statutes)
Law
Legislative acts
Acts, Legislative
Enactments, Legislative
Evidence
Proof
Aporia
Aporetic
Evolution

Abstract

femicide violence is a serious problem that demonstrates to the Mexican State due to its complexity and unquestionable need for immediate attention, through ad hoc mechanisms that show effective action to safeguard the human right to a life free from violence for women. From the legal and dogmaid perspective, gender-based violence against women is being studied, emphasising the provisions of the Universal Human Rights System and the Inter-American Human Rights System as guidelines for action by the Mexican State. The statistical picture of feminised violence in Mexico during the period January 2016 to April 2020 serves as a reference for analysing the regulatory design of the Mexican Alert System for Violence against Women: the legitimation of the active participation of civil society organisations; and, ambivalence of its subsidiary, emergency and objectives.Introduction: Effective protection of the right to a life free from violence by women is an irreductable way for the Mexican State against the development of feminicide violence, which states that it is necessary to consider the requirements of the Inter-American Court of Human Rights, which, through its resolutions, has established important aspects in addressing this problem. This article focuses its analysis on two strands of the regulatory design of the mechanism for the alert to gender-based violence against women in Mexico: ambivalence in its subsidiary, emergency nature and objectives; and limiting the active participation of civil society organisations in their proceedings, points of opportunity to be taken into account in order to guarantee them the right to a life free of violence. On the basis of analytical, dogmatic and legal methods and analysis of content, consideration is given to feminicide violence in terms of its concept, classification and statistics in Mexico, in order to create a common thread between it and the criticism of the regulatory design of the Alert Mechanism for Gender Violence on the ambivalence of its subsidiary, emergency nature and its objectives; and limiting the active participation of civil society organisations in the various stages of their proceedings.Results: The Alert on Gender Violence enshrined in the General Law on Women’s Access to a Life Free of Violence and its Regulation is an important action by the Mexican State against femicide violence. However, its regulatory design shows that the ambivalence of its objectives and its purpose as an emergency mechanism; and the clear restriction on the active participation of civil society organisations in their proceedings does not promote the effective protection of women’s human right to a life free of violence. Discussion or conclusion: In order to guarantee the human right of women to a life free from violence, the Mexican State needs to verify the consistency of legislation between the purpose and objectives of the mechanism for alert to gender-based violence enshrined in the General Law on Women’s Access to a Life Free of Violence and its Regulation, in order to underpin its temporary and emergency nature in the generation of short-term measures; and, of course, legitimise the active participation of civil society organisations throughout their procedure.

...loading
Report a bug

Under construction

We're in Beta!

The GoTriple platform is still in Beta and we keep adding new features everyday. Check the project's website to see what's new and subscribe to our Mailing List.