In observance of International Women\u2019s Day 2024, the following guidelines have been established by the Mexican Supreme Court of Justice to adjudicate with a gender perspective in trials where discrimination is alleged or where there is gender-based violence.<\/p>\n
The Convention on the Elimination of All Forms of Discrimination Against Women was adopted on December 18, 1979, by resolution 34\/180 of the General Assembly of the United Nations. This was the first international instrument designed to directly address the needs of women and highlighted the prohibition of discrimination against women in all spheres of life.<\/p>\n
This international instrument introduced the gender perspective to prevent discriminatory treatments and practices, which expanded state responsibility to protect women even against acts committed by private individuals, as discrimination against women does not only occur in the state sphere.<\/p>\n
States that ratify the Convention must not only condemn all forms of genderbased discrimination but are also compelled to take concrete measures to enshrine gender and sex equality in their supreme texts. They are also obliged to abolish all laws, customs, and practices that result in discriminatory actions against women.<\/p>\n
The Convention recognizes the significant role that culture, tradition, religion, customs, and customary practices or any other nature play in restricting the rights of women. Therefore, it also provides for the obligation of States to adopt appropriate measures to eliminate gender stereotypes and practices concerning the roles of men and women arising from models of inferiority of one sex over another, or from gender roles, which are not necessarily defined by sex.<\/p>\n
In the Inter-American sphere, there is the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women, which was adopted on June 9, 1994, in the city of Bel\u00e9m Do Par\u00e1 in Brazil (hereinafter referred to as the Bel\u00e9m Do Par\u00e1 Convention) by the Organization of American States. This convention is the specialized regional instrument for the protection of women\u2019s human rights, providing for the obligations to protect women\u2019s rights and non-discrimination in their exercise.<\/p>\n
The Bel\u00e9m Do Par\u00e1 Convention also establishes the commitment of the State parties to adopt without delay all measures\u2014including judicial mechanisms\u2014to ensure the full exercise of women\u2019s human rights in all areas. Article 8 stipulates the duty to adopt specific progressive measures to modify sociocultural patterns and promote education and training of personnel in the administration of justice on issues related to equality between men and women and gender equity.<\/p>\n
In the direct amparo review 2655\/2013 ruling, the Supreme Court of Justice (First Chamber) determined that, derived from national and international regulations, the human right of women to a life free of violence and discrimination entails the duty of the State to ensure that in any jurisdictional controversy where a situation of violence or discrimination on the grounds of gender is reported, it is taken into account with the aim of making visible whether the situation of violence or gender discrimination affects the way the law is applied to the specific case. Failure to take into account the special conditions that such a situation entails can lead to the validation of discriminatory treatment on the grounds of gender.<\/p>\n
This approach allows for the achievement of substantive or factual equality, which is configured as a facet or dimension of the human right to legal equality, derived from Article 1 of the Constitution.<\/p>\n
Therefore, jurisdictional authorities are obliged to administer justice with a vision according to gender circumstances and eliminate barriers and preconceived obstacles in legislation regarding the roles of one gender or another, which materially can change the way of perceiving, valuing the facts and circumstances of the case.<\/p>\n
That is, the introduction of the gender perspective in legal analysis aims to combat stereotyped and indifferent arguments to achieve the full and effective exercise of the right to equality. If not done, it could condition women\u2019s access to justice by making their particular situation invisible.<\/p>\n
The gender perspective refers to the method of analysis based on the differences assigned between men and women through gender construction; what is appropriate or what is \u201cexpected\u201d from each sex. It is, therefore, a methodological tool that serves to analyse the roles that men and women play or are expected to play in political, social, and cultural contexts. The goal of this method is to identify and correct the discrimination that stereotyping generates, especially in norms, policies, and institutional practices.<\/p>\n
The gender perspective, therefore, is a category of analysis that:<\/p>\n
First and foremost, based on the international obligations undertaken by the Mexican state, the constitutional text, and the jurisprudence of the Supreme Court of Justice, it is concluded that judging with a gender perspective is an obligation for all judicial bodies. It is not a matter of want, knowledge, or gracious concession; it is simply a duty that must be fulfilled.<\/p>\n
This method must be applied in all cases, regardless of the subject matter. Thus, there are various published rulings in family law matters (divorce, alimony, civil status), criminal law cases (women in detention, homicide), administrative law controversies (beneficiaries of social security institutions\u2019 pensions), constitutional law issues (access to justice, administration of justice, public safety), and so on.<\/p>\n
While this tool is not a panacea to prevent situations of injustice, it does represent a method that strengthens the rights of women when they face adverse situations before justice.<\/p>\n
Source: SCJN. First Chamber. Recurso de Inconformidad 411\/2016 | SCJN. PS. Amparo directo en revisi\u00f3n 2655\/2013 | SCJN. PS. Amparo directo en revisi\u00f3n 6181\/2016 | SCJN. PS. Amparo directo en revisi\u00f3n 1754\/2015 | Protocol for Judging with a Gender Perspective | Inter-American Convention to Prevent, Punish, and Eradicate Violence Against Women (Bel\u00e9m do Par\u00e1 Convention) | Convention on the Elimination of All Forms of Discrimination against Women | Political Constitution of the United Mexican States.<\/p>\n","protected":false},"excerpt":{"rendered":"
In observance of International Women\u2019s Day 2024, the following guidelines have been established by the Mexican Supreme Court of Justice to adjudicate with a gender perspective in trials where discrimination is alleged or where there is gender-based violence. The Convention on the Elimination of All Forms of Discrimination Against Women was adopted on December 18, […]<\/p>\n","protected":false},"author":3,"featured_media":1761,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1599","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-otros"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/posts\/1599","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/comments?post=1599"}],"version-history":[{"count":5,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/posts\/1599\/revisions"}],"predecessor-version":[{"id":3382,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/posts\/1599\/revisions\/3382"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/media\/1761"}],"wp:attachment":[{"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/media?parent=1599"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/categories?post=1599"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/tags?post=1599"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}