39
violence against women in Ciudad Juárez “has its roots in concepts of the inferiority
and subordination of women.”119 In turn, CEDAW stressed that gender-based violence,
including the murders, kidnappings, disappearances and the domestic violence “are not
isolated, sporadic or episodic cases of violence; rather they represent a structural
situation and a social and cultural phenomenon deeply rooted in customs and
mindsets” and that these situations of violence are founded “in a culture of violence
and discrimination.”120
134. The United Nations Rapporteur on violence against women explained that the
violence against women in Mexico can only be understood in the context of “socially
entrenched gender inequality.” The Rapporteur referred to “forces of change [that]
challenge the very basis of the machismo” including the incorporation of women into
the workforce, which gives them economic independence and offers new opportunities
for education and training.
While ultimately empowering women to overcome structural discrimination, these factors
may exacerbate violence and hardship in the short-run. The inability of men to fulfill
traditional machista roles as providers causes family abandonment, unstable relationships or
alcoholism, which in turn may increase the risk of violence. Even cases of rape and murder,
may be understood as desperate attempts to uphold discriminatory norms that are outpaced
by changing socio-economic conditions and the advance of human rights.121
135. The Ciudad Juárez Commission pointed out that the emphasis placed by the
Special Prosecutor’s Office on domestic violence and on the significant changes in the
social structure as reasons for sex crimes, did not take into account “the elements of
the violence that are related to gender-based discrimination that specifically affects
women,” and this “merges gender-based violence with social violence, without
examining how it specifically affects women.”122
136. The Commission’s report stressed the sexual characteristics of the murders and
indicated that “[w]hile the extent of these aspects of the problem is unclear, evidence
in certain cases suggests links to prostitution or trafficking for sexual exploitation,” and
that “both can involve situations of coercion and abuse of women working in or forced
to participate in the sex trade.”123
1.6.
Regarding the alleged femicide
137. The Commission did not classify the facts that occurred in Ciudad Juárez as
femicide.
138. The representatives indicated that “[t]he murders and disappearances of girls
and women in Ciudad Juárez are the most evil expression of misogynous violence”;
hence this type of violence has been considered femicide. They explained that femicide
consists in “an extreme form of violence against women; the murder of girls and
women merely because of their gender in a society that subordinates them,” which
involves “a combination of factors, including cultural, economic and political elements.”
119
IACHR, The Situation of the Rights of Women in Ciudad Juárez, supra note 64, folio 1766 (citing the
letter of the Secretary of Government of Chihuahua to the Special Rapporteur of February 11, 2002).
120
Cf. Report on Mexico produced by CEDAW, supra note 64, folios 1937 and 1949.
121
Report of the Special Rapporteur on violence against women, supra note 64, folios 2001 and 2002.
122
Comisión para Prevenir y Erradicar la Violencia contra las Mujeres en Ciudad Juárez, Primer Informe
de Gestión, supra note 67, folio 9074.
123
IACHR, The Situation of the Rights of Women in Ciudad Juárez, supra note 64, folios 1748 and 1750
(citing the letter of the Secretary of Government of Chihuahua to the Special Rapporteur of February 11,
2002).
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