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Nova scientia

On-line version ISSN 2007-0705

Abstract

GARCIA-FLORES, Alan Jair. The gender violence alert mechanism in Mexico: reminiscent of a guaranteed regulatory design?. Nova scientia [online]. 2020, vol.12, n.25, 00016.  Epub Feb 17, 2021. ISSN 2007-0705.  https://doi.org/10.21640/ns.v12i25.2469.

Femicidal violence constitutes a serious problem that the Mexican State evidences due to its complexity and indisputable need for immediate attention, through ad hoc mechanisms that show effective actions in the protection of the human right to a life free of violence against women.

From a dogmatic-legal perspective, we study gender-based violence against women, emphasizing what is necessary by the Universal Human Rights System and the Inter-American Human Rights System as guidelines for action by the Mexican State.

The statistical panorama of femicidal violence in Mexico during the period from January 2016 to April 2020, serves as a reference to analyze the normative design of the Alert Mechanism for Gender Violence against Women, in its aspects: aporia of legitimization to active participation of Civil Society Organizations; and, ambivalence of its subsidiary, emergency nature and its objectives.

Introduction:

The effective protection of the right to a life free of violence of women represents an irreducible of the Mexican State against the evolution of femicidal violence, in whose tenor, it is necessary to consider the provisions of the Inter-American Court of Human Rights that, through its decisions, has established important aspects in addressing this problem.

This article focuses its analysis on two areas of the normative design of the Alert Mechanism of Gender Violence against Women in Mexico: ambivalence in its subsidiary, emergency nature and its objectives; and, the limitation to the active participation of Civil Society Organizations in their procedure, points of opportunity that must be addressed to ensure the right to a life free of violence.

Method:

Based on analytical, dogmatic-legal and content analysis methods, feminist violence is reflected in terms of its concept, classifications and statistics in Mexican territory, in order to generate a common thread between these and criticism of regulatory design the Gender Violence Alert Mechanism on the ambivalence of its subsidiary, emergency nature and its objectives; and, the limitation to the active participation of Civil Society Organizations in the various phases of their procedure.

Results:

The Gender Violence Alert enshrined in the General Law of Access of Women to a Life Free of Violence and its regulations, constitutes an important action of the Mexican State against femicidal violence, however, its normative design shows that the ambivalence of its objectives and purpose as an emergency mechanism; and, the manifest limitation to the active participation of the Civil Society Organizations in their procedure, does not favor the effective protection of the human right of women to a life free of violence.

Discussion or conclusion:

In order to guarantee the human right of women to a life free of violence, the Mexican State requires verifying 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 regulations, in order to underpin its temporary and emergency nature in the generation of short-term measures; and, of course, legitimize the active participation of Civil Society Organizations in all their proceedings.

Keywords : femicidal violence; gender violence alert; human rights of women; context of violence against women; femicide; violence; law; guaranteed regulatory design; state.

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