84 xi) Policy that guarantees access to justice to indigenous women and that respects their cultural identity 271. The Commission asked that the Court order the State to design a policy that provides indigenous women with access to justice, and which respects their cultural identity. 272. In its final written arguments, the State submitted large amounts of information on the measures it had implemented to eradicate discriminatory practices against women in general, and indigenous women. The State made reference, among other programs, to the “strategy for monitoring the institutional actions and the organizational processes of the indigenous communities, entitled Intercultural Model [for] the Development of the Indigenous Peoples,” implemented by the Secretariat of Indigenous Affairs. This program includes as one of its central points the legal reform and the indigenous recognition, and its services are aimed at reviewing and systematizing laws to formulate a reform proposal and bill on rights and culture in said state. Moreover, the Intercultural Model includes a Defense and Legal Aid Program for Indigenous Peoples, whose actions are aimed at offering defense services, legal aid, and administrative procedures in favor of the indigenous population, in a manner “that overcomes the backwardness, inequality, and inequity with regard to the population.” The actions taken by this program are aimed at producing, with short and medium term results, full access of men and women to the jurisdiction of the State. In addition, Mexico also reported on the actions being taken by the Secretariat of Indigenous Affairs, in relation to access to justice, with a gender perspective for indigenous women victims of rape, such as economic support related to medications, hospitalization, medical studies, and transportation costs in emergency situations. 273. Moreover, Mexico reported on other initiatives such as the Training Program for indigenous women in collaboration with the Network of Indigenous Women of the state of Guerrero and six other indigenous women’s rights nongovernmental organizations and the Program for the promotion of justice related agreements, wherein projects have been carried out with civil organizations and the United Nations Fund for Women to promote leadership of indigenous women in public matters. Lastly, the State presented documentation regarding actions and programs on gender and indigenous related matters, among them the Program for institutional and social strengthening for the exercise of the human rights of indigenous women, created by the Government of the state of Guerrero, which promotes an “Intercultural Model and one of gender equity for the exercise of the human rights of indigenous women.” 274. The Court notes that the State provided certain information on programs and actions implemented in this sphere, whose existence and validity was not contested by the Commission, and regarding which the Commission did not provide any information indicating possible shortcomings. In this respect, the Court has already established that the obligation to motivate and establish a foundation for the Commission’s claims for reparations and costs, is not fulfilled by general requests without any legal or factual argument or evidence that would allow the Court to analyze their purpose, reasonableness, and scope.261 This prevents the Court from ruling on the measure requested. 261 Cf. Case of González et al., (“Cotton Field”), supra note 15, para. 493

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos