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The Gender-Based Violence Alert Mechanism in Mexico: does it look back on a protective regulatory design?

Article

English, Spanish

<oai:doaj.org/article:46375342ab3d4da9bdb95af56b89f560>

Abstract

feminicide violence is a serious problem that exemplifies the Mexican State due to its complexity and undeniable need for immediate attention, through ad hoc mechanisms showing effective action to protect the human right to a life free from violence by women. From a dogmátic and legal perspective, gender-based violence against women is studied, with emphasis on what is specified in the Universal Human Rights System and the Inter-American Human Rights System as guidelines for the conduct of the Mexican State. The statistical picture of feminine violence in Mexico from January 2016 to April 2020 serves as a reference for analysing the normative design of the Gender Violence Alert Mechanism against Women, in terms of: standing for the active participation of civil society organisations; and the ambivalence of its subsidiary, emergency and objectives. Introduction: The effective protection of the right to a life free from violence for women is an irreducible one of the Mexican State in the face of the development of feminicide violence, according to which it is necessary to consider the provisions of the Inter-American Court of Human Rights which, in its resolutions, have established important aspects in addressing this problem. This article focuses its analysis on two strands of the normative design of the Mechanism for Alert on Gender-Based Violence against Women in Mexico: ambivalence in its subsidiary, emergency and objectives; and limiting the active participation of civil society organisations in their proceedings, points of opportunity to be addressed in order to guarantee them the right to a life free from violence. Method: On the basis of analytical, dogmátic-legal and substantive analysis methods, consideration is given to feminicide violence in terms of its concept, classifications and statistics in Mexico, in order to create a common thread between it and criticism of the normative design of the Gender Violence Alert Mechanism regarding the ambivalence of its subsidiary, emergency and objectives; and limiting the active participation of civil society organisations at the various stages of their procedure. Results: The Gender Violence Alert 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 feminicide violence. However, its legislative design shows that the ambivalence of its objectives and purpose as an emergency mechanism; the clear limitation 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 from violence. Discussion and/or conclusion: In order to guarantee women’s human right to a life free from violence, the Mexican State needs to verify the regulatory consistency between the purpose and objectives of the Gender Violence Alert Mechanism enshrined in the General Law on Women’s Access to a Life Free of Violence and its Rules, with a view to supporting 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 proceedings.

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