Mexico: Information on spousal abuse, including police response and protection, shelters and legal aid available, government policy

For information on the requested subject, please refer to Response to Information Request MEX13200 of 23 February 1993 and MEX24984.E of 17 September 1996. Information on changes to the situation described in MEX13200 could not be found among the sources consulted by the DIRB, although one of the documents attached to this Response refers to a legislative proposal that would amend the civil and criminal codes and allow a number of measures to be taken in cases of domestic violence (La Jornada 27 October 1996). The attachment states that "in the entire country there are only 11 centres which provide assistance in cases of domestic violence" (ibid.).

The attached excerpts from Human Rights in Developing Countries Yearbook 1996 contain a discussion of the administration of justice in Mexico, and a brief overview of the situation of women. The document states that, according to the Mexican government, "there were no comprehensive statistics related to physical assaults against women in cases of domestic violence, although it described the problem as 'serious'" (1996, 356). The source adds that "domestic assault is a crime under the Mexican Penal Code (Articles 288-296)," adding that "however, 10 states still provide the legal 'right to correct' a wife or child" (ibid.). The report states that "the law makes violence against women difficult to prove and the police is reluctant to intervene in what is considered a domestic matter" (ibid.).

One attachment discusses the current status of women in Mexico, stating that "there are now more than 250 women's groups in the country" (IPS 10 Mar. 1996). Another attachment reports the creation of a "civil association for the protection of women" formed by 80 women, with the aim of opening a shelter in Ciudad del Carmen and providing specialized services, among other things (La Jornada 10 Sept. 1995).

One attached article reports an apparent increase in spousal abuse during the first half of this decade, and comments on the legal avenues for redress (Austin American-Statesman 3 Sept. 1995). The report states that "since Mexico has no laws that apply specifically to wife-beating, battered women must resort to general laws on assault" (ibid.). The source adds that Mexico "does not allow for restraining orders" and that the legal system presents difficulties for women who want to end abusive relationships, pointing out that "if the husband doesn't agree to a divorce, a wife must prove that her spouse attacked her violently, was unfaithful or fathered an illegitimate child" (ibid.).

Finally, one news report attached to this Response refers to the case of a Mexican "boxing legend" accused by his wife of battery (Reuters 15 June 1996). The source states that the charges were presented in a lawsuit filed "in the couple's home town of Culiacan" and refers to the wife as being "separated from the husband", although it is not clear from the report whether the separation took place after the incident that prompted the lawsuit (ibid.).

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Austin American-Statesman [Tex.]. 3 September 1995. Nancy Nusser. "Violence Against Women is Rising in Mexico." (Mexico NewsPak [Austin, Tex.], 28 Aug.-10 Sept. 1995, Vol. 3, No. 16, p. 6)

Human Rights in Developing Countries Yearbook 1996. 1996. Edited by Peter Baehr et al. Oslo: Nordic Human Rights Publications.

Inter Press Service (IPS). 10 March 1996. Diego Cevallos. "No End in Sight for 100-Year Battle for Women's Equality." (Mexico NewsPak [Austin, Tex.], 26 Feb.-10 Mar. 1996, Vol. 4, No. 3, p. 11)

La Jornada [Mexico City]. 27 October 1996. Ricardo Olayo. "New Proposal Would Consider Domestic Violence as Criminal Conduct." (Mexico NewsPak [Austin, Tex.], 21 Oct.-3 Nov. 1996, Vol. 4, No. 19, p. 9)

_____. 10 September 1995. Livia Diaz Ortiz. "Organization for Women's Protection Created." (Mexico NewsPak [Austin, Tex.], 11-24 Sept. 1995, Vol. 3, No. 17, p. 11)

Reuters. 15 June 1996. BC Cycle. "Wife Accuses Defeated Chavez of Battery." (NEXIS)

Attachments

Austin American-Statesman [Tex.]. 3 September 1995. Nancy Nusser. "Violence Against Women is Rising in Mexico." (Mexico NewsPak [Austin, Tex.], 28 Aug.-10 Sept. 1995, Vol. 3, No. 16, p. 6)

Human Rights in Developing Countries Yearbook 1996. 1996. Edited by Peter Baehr et al. Oslo: Nordic Human Rights Publications, pp. 344-46, 355-56.

Inter Press Service (IPS). 10 March 1996. Diego Cevallos. "No End in Sight for 100-Year Battle for Women's Equality." (Mexico NewsPak [Austin, Tex.], 26 Feb.-10 Mar. 1996, Vol. 4, No. 3, p. 11)

La Jornada [Mexico City]. 27 October 1996. Ricardo Olayo. "New Proposal Would Consider Domestic Violence as Criminal Conduct." (Mexico NewsPak [Austin, Tex.], 21 Oct.-3 Nov. 1996, Vol. 4, No. 19, p. 9)

_____. 10 September 1995. Livia Diaz Ortiz. "Organization for Women's Protection Created." (Mexico NewsPak [Austin, Tex.], 11-24 Sept. 1995, Vol. 3, No. 17, p. 11)

Reuters. 15 June 1996. BC Cycle. "Wife Accuses Defeated Chavez of Battery." (NEXIS)