Exploring the legal context of femicide in Mexico

Legislation
South America

Executive Summary

Femicide rates in Mexico are steadily increasing. The Secretary General of National Public Security reports that cases of femicide rose by 139% between 2015 and 2019. Following International Women’s Day in March 2020, tens of thousands of women participated in “A Day Without Us,” a feminist demonstration attempting to illustrate the effects of femicide within broader society. 

President Lopez Obrador and his administration are critiqued by many as providing a “tepid” response to gender-based violence. President Obrador has defended his policies, suggesting that Mexico’s femicide crisis largely results from previous neoliberal economic policies. Several high-profile femicide cases in early 2020 revealed the weaknesses in Mexico’s femicide legislation. 

Author(s)

T. McGinnis
"I'm marching today so I don't die tomorrow" -A Day Without Us

Inspired by the term “femicide,” as popularized by Diana Russel and Jill Radford in the 1990s, Marcela Lagarde coined the term “feminicidio,” highlighting the gender-based reasons and broader social constructions contributing to the deaths of women and girls, specifically in Mexico. Prior to the term “feminicidio,” crimes against women were often classified as “crimes of passion.” 

"The explanation of femicide lies in gender dominance: characterized by both the male supremacy and the oppression, discrimination, exploitation and, above all, social exclusion of girls and women." -Marcela Lagarde

Proposed by the Party of Democratic Revolution in 2007, the General Law on Women’s Access to a Life Free of Violence (Ley General de Acceso de las Mujeres a Una Vida Libre de Violencia), provided an influential legislative base for Mexico’s current Federal Penal Code by defining femicide and outlining which behaviours qualify as such. Any person(s) found guilty of femicide is to be fined and sentenced to forty to sixty years in prison. However, while this federal legislation exists, there is a disconnect between the federal government and Mexico’s 32 states. Such inconsistency between federal and state penal regulations can cause problems when both identifying femicide and punishing offenders.

 

 


 

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