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What Is Femicide Law

08/12/2022 | objavio Radio Gradačac

This isolated thesis is a relevant example of case law on the gender perspective, since the criteria issued by the collegiate court are binding on all cases decided by that court. Moreover, such criteria can be persuasive in similar cases before other federal courts. The Supreme Court of Mexico has ruled that in determining whether a law is discriminatory, a court must assess: (i) whether the purpose of such a law is objective and does not violate the Constitution; (ii) resources; (iii) the purpose of the law and the means are proportionate. The Supreme Court of Mexico has ruled that the state legislature can develop any mechanism for the protection of human rights. Therefore, since femicide as a crime aims to protect a disadvantaged part of the population, any special treatment inherent in this crime cannot be interpreted as a violation of the human right to equality. Statistics and the structure of femicides in Spain are reported by year (2010-2019). [90] However, some steps have been taken to address this issue. The criminalization of femicide and various laws adopted in some countries are aimed at ending this problem. Moreover, with a commission calling for action, the United Nations has taken on a role in stopping this. There is a growing social awareness of this issue with #NiUnaMenos (Not one less woman) or #NiUnaMas (Not one more woman). Finally, women-friendly urban areas had been created as a practical solution. These areas include women-only transportation and government centers that provide specific services for women.

Femicide is defined by Diana Russell and includes intimate partner femicide, lesbicide, racial femicide, serial femicide, mass femicide, femicide-related honor killings, dowry and more. Any act of sexual terrorism resulting in death is considered femicide. Concealed femicide also takes shape in the criminalization of abortion resulting in maternal death, the deliberate spread of HIV/AIDS[14] or death as a result of female genital mutilation. Various activists and academics, such as Monárrez, have argued that there are links between femicide and neoliberal policies, particularly the North American Free Trade Agreement (NAFTA). They believe that the treaty has helped open trade borders and increase foreign investment to produce low-cost clothing in the maquiladoras. [105] A significant case of femicide in Canada is the École Polytechnique massacre in 1989, an anti-feminist mass shooting in which fourteen women were killed and ten women and four men injured. Manifestations of femicide vary from continent to continent depending on the country or region. [54] It is rare for Muslim women to become a commodity in the struggle between two factions and to be killed when a faction (dis)approves of wearing the prescribed traditional dress.

[14] Although femicide is not a common public term, it is internationally recognized by the United Nations as the most extreme form of violence and discrimination against women and girls. Its definition varies by discipline and region of the world, but broadly covers the killing of women, mostly by men, because they are women. The relevance of the term in the Canadian context is perhaps most evident in 1989 with the murder of 14 women in the so-called Montreal massacre – an event that brings Canadians together every year on December 6 to mark the National Day of Remembrance and Action on Violence Against Women. Despite this, the term “femicide” continues to be rarely used, although it highlights that women are often targeted and killed because they are women, often in the context of intimacy and/or sexual violence. In the United States, femicide is responsible for the deaths of more than five women a day and 70% of all female deaths in high-income countries. [131] [132] One of the greatest predictors of femicide in the United States is the frequency of physical violence, which was found in 79% of all femicide cases in North Carolina. [133] The availability of firearms in the United States has also had a significant impact on femicide, accounting for 67.9% of deaths in a study by Karen D. Corpulent. [14] Living in neighbourhoods where poverty is increased, ethnic heterogeneity and reduced collective efficiency (social cohesion between neighbours) is associated with increased rates of femicide in this sector. [134] Reporting of women victims of femicide in the United States is also hampered by the assumption that female victims are not an anomaly, but are motivated by their perceived vulnerability and passivity. [14] Rates of femicide have increased significantly during lockdowns due to the COVID-19 pandemic. About 50,000 women are murdered each year.

This is due to lockdown measures, which have increased the isolation of women and girls. It becomes a life-or-death situation when they are locked up with abusive partners or parents. “Growing economic instability and unemployment around the world” have led to “an increase in violence” for women. [144] In addition, since the lockdown began, there has been an increase in calls to domestic violence hotlines in several countries. These figures show that guns have become the primary means of killing men and women through murder in Mexico over the past seven years. However, the same is not true for victims of femicide, who are more likely to be killed by “other means”. Although official data do not provide additional details, these cases include strangulation, drowning and suffocation. Knives were used in 23% of femicides, while gun deaths accounted for 21% of femicides. Although femicide is often discussed in the context of Mexico`s rising murder rate, there is a weak statistical relationship between femicide and organized crime (r = 0.09) and between femicide and gun violence (r = 0.24). This suggests that femicide is a national problem, linked to the increase in violence that has led to, but does not depend on, high levels of homicide among men and women. Germany has one of the highest absolute numbers of femicides in Europe. [88] Latin American feminists were among the first to adopt the term femicide, which refers to the killings of women in Ciudad Juárez, Mexico.

The term inspired feminists in Latin America to organize anti-femicide groups to challenge this social injustice against women. [102] The use of the term femicide and the creation of feminist anti-femicide organizations have spread from Mexico to many other Latin American countries such as Guatemala. [103] In Latin America, femicide is a problem that occurs in many countries, but especially in Central America, in countries like El Salvador and Honduras, and other places like Brazil and Mexico. The Latin American region includes 5 of the 12 countries with the highest rates of femicide in the world. [104] According to Julia Estela Monárrez-Fragoso of the Colegio de la Frontera Norte in Ciudad Juárez, victims are often accused of going out late at night or staying in “dubious” areas such as nightclubs or nightclubs. [105] Between 2000 and 2010, more than five thousand Guatemalan women and girls were murdered.

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