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
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