Mexico: Domestic violence, including legislation; protection and support services offered to victims by the state and civil society, including Mexico City (2015-July 2017)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

According to sources, violence against women in Mexico is a "pandemic" (Reuters 7 Mar. 2014; Medrano et al. 25 Feb. 2017, 1231). Sources indicate that most of this violence is generated at the hands of their partners (Medrano et al. 25 Feb. 2017, 1231; Bertelsmann Stiftung 2016, 23) or "male members of their family" (Bertelsmann Stiftung 2016, 23). Sources indicate that violence against women cuts across social, gender (Mexico Aug. 2016; El Universal 14 Feb. 2017) economic, cultural, and age lines (El Universal 14 Feb. 2017). Al Jazeera cites Zulema Carrio, the Director of the Women's Justice Centre (Centro de Justicia para las Mujeres, CJM) [1] in Guadalajara, as stating that "'[t]he causes of violence against women in Mexico include cultural attitudes and socially constructed gender roles ingrained in generation after generation'" (Al Jazeera 13 May 2015). According to the US branch of China Global Television Network (CGTN), a China-based news network (CGTN 16 Jan. 2017), "[s]pousal abuse has left millions of Mexican women single with children. Many move in with relatives to escape the aggression" (CGTN 20 Sept. 2015). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Statistics

Al Jazeera cites Ana Güezmes, the Representative of UN Women in Mexico, as stating that 63 percent of women have suffered abuse by men (Al Jazeera 4 Jan. 2015). In its response to the UN Committee on Economic, Social and Cultural Rights (CESCR) on Mexico's implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR), Mexico indicates that, according to statistics by the National Institute of Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI) for 2015, of the 1,528,475 registered crimes, 8.3 percent were crimes of domestic violence; of the 1,487,640 registered victims of crimes, 9.2 percent were victims of domestic violence; and of the 1,654,462 offenders brought to justice for all crimes, 7.7 percent were convicted for domestic violence (Mexico 28 July 2017, para. 30, table 4).

3. Legislation
3.1 Criminal Code

In its 2016 report on its implementation of ICESCR, Mexico states that

the Federal Criminal Code and the criminal codes of the 32 federative entities, which place special emphasis on vulnerable groups, define domestic violence as a serious act that is punishable by a term of imprisonment of between 1 and 7 years and a fine, as well as the loss of rights in respect of the victim, such as inheritance and parental rights, among others. The Federation and 27 federative entities criminalize marital rape, and all 32 define sexual abuse as a criminal offence. (Mexico 21 July 2016, para. 103)

The US Department of State's Country Reports on Human Rights Practices for 2016 states that in Mexico,

[t]he federal penal code prohibits domestic violence and stipulates penalties for conviction of between six months' and four years' imprisonment. Twenty-nine states stipulate similar penalties, although sentences in practice were often more lenient. Federal law does not criminalize spousal abuse. (US 7 Apr. 2017, 21)

The same source further states that "[f]ederal law criminalizes rape, including spousal rape, and conviction carries penalties of up to 20 years' imprisonment. Twenty-four states have laws criminalizing spousal rape" (US 7 Apr. 2017, 21).

3.2 The General Law on Women's Access to a Life Free of Violence

Sources indicate that domestic violence is defined in Mexico's General Law on Women's Access to a Life Free of Violence (Ley General de Acceso de las Mujeres a una Vida Libre de Violencia) of 2007 (Lachenal et al. Apr. 2016, 6; Mexico 21 July 2016, para. 103). A copy of the General Law is attached to this Response. Sources indicate that each of the 32 states in the country has its own state law on Women's Access to a Life Free of Violence (OAS 31 Dec. 2015, para. 236, footnote 327; Professor 30 June 2017; Mexico Sept. 2014, 18) and that these state laws allocate a budget in order to comply with the law (Mexico Sept. 2014, 18).

In its 2016 report on its implementation of ICESCR, Mexico states that the General Law

provided for the establishment of the National System to Prevent, Address, Punish and Eradicate Violence against Women. Its objective is to coordinate the work of the Federation, the states, [Mexico City] and the municipalities in order to allow for them to combine their efforts, tools, policies, services and inter-agency actions to prevent, address, punish and eradicate violence against women. (Mexico 21 July 2016, para. 264)

Under this National System, "judicial personnel have been given training courses on the rights of women and on gender mainstreaming" (Mexico 21 July 2016, para. 107).

Sources indicate that laws addressing domestic violence are not effectively enforced (CGTN 20 Sep. 2015; Professor 30 June 2017; Alianza por los Derechos de las Mujeres en el Estado de México 29 Apr. 2015). US Country Reports 2016 states that in Mexico, "[s]tate and municipal laws addressing domestic violence largely failed to meet the required federal standards and often were unenforced, although states and municipalities, especially in the north, were beginning to prioritize training on domestic violence" (US 7 Apr. 2017, 21). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. State Protection

According to the Mexican National Human Rights Commission (Comisión Nacional de los Derechos Humanos, CNDH), the following authorities provide assistance to victims of domestic violence: the National System for the Comprehensive Development of the Family and State Systems for Comprehensive Development of the Family (Sistema Nacional para el Desarrollo Integral de la Familia y Sistemas Estatales para el Desarrollo Integral de la Familia, DIF) [2], the Public Ministry (Ministerio Público), and the police (Mexico Aug. 2016). These agencies have the obligation to assist someone who has experienced domestic violence, and if they fail to perform their function, a complaint can be submitted to the CNDH (Mexico Aug. 2016). The website of the Attorney General's Office (Procuraduría General de la República, PGR) indicates that the Special Prosecutor's Office for Violence against Women and Trafficking in Persons (Fiscalía Especial para los Delitos de Violencia Contra las Mujeres y Trata de Personas, FEVIMTRA) is the PGR's agency responsible for [translation] "combating domestic violence, providing comprehensive assistance to victims of domestic violence, participating in the drafting of policies to address violence against women and human trafficking, and assisting in the search of disappeared women and girls" (Mexico 18 Aug. 2015).

El Universal, a Mexico City-based newspaper, reports that the State Attorney General's Office (Procuraduría General de Justicia, PGJ) of Mexico City reported 27,949 cases of women who were victims of partner violence in 2016 (El Universal 14 Feb. 2017). In its response to questions posed by the CESCR, Mexico indicates that, according to the statistics by INEGI for 2015, of the 54,818 sentences by lower courts, 1,555 were for domestic violence, and 71.3 percent of these 1,555 resulted in a guilty verdict, while 2.96 percent resulted in an acquittal (Mexico 28 July 2017, para. 30, table 5).

Chapter VI of Title II of the General Law provides information on protection orders, including a definition, emergency protection orders, and types of orders that can be issued (Mexico 2007). According to a letter signed by 13 civil society groups [3] and posted on the website of the Human Rights University Programme of the National Autonomous University of Mexico (Universidad Nacional Autónoma de México, UNAM), State Attorney General's Offices [translation] "frequently" do not issue protection orders (Alianza por los Derechos de las Mujeres en el Estado de México et al. 29 Apr. 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. In its 2016 report submitted to the UN Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), Mexico indicates that between the end of 2012 and June 2016, Mexican courts issued 122,047 protection orders for women and delivered 7,281 guilty sentences (Mexico 21 Dec. 2016, para. 90).

4.1 Reporting Domestic Violence

Several sources indicate that in most cases, women in Mexico do not file a complaint when they experience domestic violence (Mexico 15 Nov. 2015; US 7 Apr. 2017, 21; Professor 30 June 2017). Sources explain that women fear reprisals from their partners if they file a complaint (Professor 30 June 2017; Al Jazeera 13 May 2015). They also fear re-victimization by state agencies that blame the victim for the violence they experience (Al Jazeera 13 May 2015; Lachenal and Toledo 23 Sept. 2016) or due to corruption within security forces (Al Jazeera 13 May 2015). According to the BBC, "[i]n a country where up to 99% of crimes go unsolved, many victims' families often do not go to authorities for help because they believe it will not change anything" (BBC 20 May 2016). According to the Professor, there are victims of domestic violence who do not report cases because the procedure is "long and complex" and does not "guarantee justice" (Professor 30 June 2017).

According to Alianza por los Derechos de las Mujeres del Estado de México et al., cases of violence against women are not properly investigated, adjudicated or sanctioned (Alianza por los Derechos de las Mujeres del Estado de México et al. 29 Apr. 2015). Sources report that femicide [4] is committed with impunity (BBC 20 May 2016; TeleSur 25 July 2015).

Sources indicate that victims are socially stigmatized (Lachenal and Toledo 23 Sept. 2016; US 7 Apr. 2017, 21) and ostracized (US 7 Apr. 2017, 21). In correspondence with the Research Directorate, a professor at the Centre for Multidisciplinary Research at the UNAM who conducts research on gender issues and the empowerment of Mexican women stated that there are authorities who are not sensitive or gender-sensitive when women file a report on domestic violence (Professor 30 June 2017). According to a report on laws against domestic violence in Mexico by Cecile Lachenal, Cecilia Toledo and Tom Bakker, human rights and gender issues advocates and Fundar [5] researchers, "the lack of empathy from many public officers in state institutions generates another form of violence against women who seek protection services" (Lachenal et al. Apr. 2016, 26). Lachenal and Toledo further indicate in a policy brief that "institutions providing first and second level of attention, particularly the [Attention Centre for Domestic Violence (Centro de Atención a la Violencia Intrafamiliar, CAVI)] [6] and the [p]olice, do not perform their duties adequately, treating domestic violence as though this was the 'normal' state of affairs" (Lachenal and Toledo 23 Sept. 2016).

4.2 The Gender Violence Against Women Alert (AVGM)

Article 22 of the General Law provides the following:

The [Gender Violence Against Women Alert (AVGM)] is the set of emergency governmental actions to confront and eradicate femicide in a specific territory, exercised either by individuals or by the community itself. (Mexico 2007)

According to the US Country Reports 2016, "[t]he declaration of [an AVGM] directs relevant local, state, and federal authorities to take immediate action to combat violence against women by granting victims legal, health, and psychological services, and speeding investigations of unsolved cases" (US 7 Apr. 2017, 21). For further information on the AVGM, see Chapter V of Title II of the General Law, attached to this Response.

According to sources, an AVGM was issued in July 2015 in 11 municipalities in the State of México (OAS 31 Dec. 2015, para. 239; Mexico 24 July 2017). The National Women's Institute (Instituto Nacional de las Mujeres, INMUJERES), the government's agency that coordinates the implementation of national policy to eradicate violence against women (Mexico n.d.), indicates that between 27 June 2016 and 7 July 2017, additional AVGMs were issued in municipalities of the following states: Michoacán, Chiapas, Nuevo León, Veracruz, Sinaloa, Colima, San Luis Potosí, Guerrero and Quintana Roo (Mexico 24 July 2017). The website of the state of Morelos indicates that an AVGM that was issued in August 2015 in eight municipalities in that state was [translation] "lifted" in April 2017 by 80 percent after the Ministry of the Interior (Secretaría de Gobernación) declared that the state of Morelos "has been properly implementing" measures to prevent violence against women and girls (Morelos 27 Apr. 2017). Further information on these measures could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Agencia EFE, a Spanish international news agency, cites Wendy Figueroa, the Director General of the National Network of Shelters (Red Nacional de Refugios, RNR [7]), as stating that there are states that have not issued an AVGM despite the urgency in issuing them (Agencia EFE 26 Nov. 2016). Alianza por los Derechos de las Mujeres en el Estado de México et al. indicate that, despite requests by civil society organizations, federal and state governments have failed to issue AVGMs on 11 occasions for states such as Oaxaca, Guanajuato, the State of México, Nuevo León, Hidalgo, Guanajuato, Morelos, Chiapas, Colima, Michoacán and Baja California (Alianza por los Derechos de las Mujeres en el Estado de México et al. 29 Apr. 2015).

5. Support Services

Chapter II of Title III of the General Law provides information on the Comprehensive Program to Prevent, Treat, Punish and Eradicate Violence Against Women (Mexico 2007). According to Lachenal et al., as established elsewhere in the General Law, specialized and comprehensive protection services for women victims of violence can be accessed in four different ways:

• Directly, by calling the phone line of the [RNR] where someone will briefly interview the victim, evaluate the extent of the risk she is living, and identify the appropriate shelter based on availability and distance;
• Indirectly, by transfer from the special attorney for domestic violence (CAVI) when a woman has decided to report there the situation of violence and the aggressor;
• Also indirectly, as a result of the victim receiving counseling from a special health unit that belongs to the Public Health Sector, and;
• Again indirectly, by transfer from [INMUJERES]. (Lachenal et al. Apr. 2016, 23)

The website of RNR provides a list of governmental telephone helplines for women in a situation of violence (RNR n.d.b).

In its response to questions posed by CESCR, Mexico states that there are 35 Women's Justice Centre's (Centro de Justicia para las Mujeres, CJMs) in 24 federal entities (Mexico 28 July 2017, para. 29, footnote 3). In its report to the CEDAW Committee, Mexico indicates that there are CJMs in the following locations: Aguascalientes, Campeche (2), Chiapas, Chihuahua (2), Coahuila (3), Colima, Mexico City, Durango, México State (3), Guanajuato, Guerrero (2), Hidalgo, Jalisco, Michoacán, Morelos, Nayarit, Oaxaca, Puebla, Querétaro, San Luis Potosí (2), Sonora, Yucatán, and Zacatecas (Mexico 21 Dec. 2016, para. 69, footnote 87). In 2016, CJMs provided comprehensive psychosocial, juridical and medical care services to 120,983 women victims of violence (Mexico 28 July 2017, para. 29).

The Professor stated that in big cities like Mexico City, procedures and protocols "could be more well-established," however, the effectiveness in small cities and rural areas is "very, very low" (Professor 30 June 2017). According to Lachenal et al., the more isolated women are, "the more vulnerable is their situation, and the more difficult their experience of seeking protection" (Lachenal et al. Apr. 2016, 27). The same source further states that

[i]n a context where social protection is not guaranteed by the state, and where the health and justice institutions are failing to provide adequate protection services, domestic violence is mostly being addressed through the provision of specialized protection services. This helps survivors recover from the impacts of the violence, but puts the shelters under pressure to fill the gaps left by the health and justice systems. The fact is that survivors often have no other option but to go to the shelter. (Lachenal et al. Apr. 2016, 30)

5.1 Shelters

Chapter V of Title III of the General Law provides information about shelters for women victims of violence (Mexico 2007). According to sources, there is at least one shelter for women who are victims of violence in each state (RNR n.d.c; Mexico 21 July 2016, para. 106). Sources indicate that there are 72 shelters nationwide, which include governmental, non-governmental and privately run shelters (Mexico 21 July 2016, para. 106; US 7 Apr. 2017, 22; Fundar 22 Jan. 2016), which is approximately one shelter per 900,000 women (Fundar 22 Jan. 2016). In its report to CESCR, Mexico states that 37 shelters are run by civil society organizations, 31 by public institutions, and 4 by private organizations (Mexico 21 July 2016, para. 106). Other sources indicate that 34 are operated by civil society organizations, 34 by public institutions, and 4 by private institutions (US 7 Apr. 2017, 22; Lachenal et al. Apr. 2016, 19). According to the RNR website, there are 44 shelters across Mexico, of which 32 are run by civil society while 12 are run by the government (RNR n.d.d).

According to Lachenal et al.,

the state is responsible for allocating budgets that ensure the shelter's operation. However, a key difference between a private and a public shelter has to do with the approach regarding human rights and gender. In private shelters, specialised personnel provide basic services as well as additional support to strengthen women's autonomy and integrity. In contrast, public shelters mostly focus on the supply of basic services (not necessarily complemented by additional support) by personnel lacking any additional training on gender or human rights. (Lachenal et al. Apr. 2016, 11)

In its interview with Figueroa, Agencia EFE reports that

[translation]

[t]he care for victims is determined "by the level of risk that the woman experiences and the danger level of her aggressor."

A "high danger level" is determined when the aggressor possesses bladed or fire weapons, is part of organized crime or criminal gangs, is an alcoholic, has put the victim in a violent situation that required hospitalization, or is a person of political or judicial influence.

Shelters also receive victims who "do not have a support network."

The [RNR] "does not just provide support to persons escaping violence, it also provides post-shelter care to end women's economic dependence on their aggressor." (Agencia EFE 26 Nov. 2016)

Fundar indicates that women can remain in a shelter for a period of up to three months, with their children (Fundar 22 Jan. 2016). The same source cites Figueroa as stating that that there have been delays in the allocation of resources to shelters (Fundar 22 Jan. 2016). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5.2 Mexico City

According to the website of INMUJERES of Mexico City, it provides free services to women, including legal and psychological counselling, through its 16 Women's Assistance Units (Unidades de Atención a las Mujeres) (Mexico City n.d.a). Without providing further detail, the same source indicates that the Network for the Assistance and Prevention of Domestic Violence (Red de Atención y Prevención de la Violencia Familiar, UNAVI) provides free legal and psychological assistance, as well as [translation] "alternative protection and solutions for victims of domestic violence" (Mexico City n.d.b). In order to access this service, the person must have experienced domestic violence, including [translation] "emotional, physical, patrimonial, economic, sexual, or reproductive rights violence"; be a resident of Mexico City; and provide the original copy and one photocopy of one of the following documents: a National Military Service Card (Cartilla del Servicio Militar Nacional), a professional license (Cédula Profesional), a Voting Card (Credencial para Votar), or passport (Mexico City n.d.b). Further information on support services available in Mexico City could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The website of the Attorney General's Office of the state of Jalisco indicates that the CJMs are interinstitutional local state agencies that provide comprehensive services including legal aid and support, medical and psychological care, social and economic empowerment, and specialized care for children (Jalisco 20 May 2015).

[2] The DIF are federal and state authorities that provide psychological and legal assistance to children and adolescents victims of violence, including domestic violence (Mexico Aug. 2016).

[3] The letter was signed organizations including Amnesty International, Catholics for the Right to Decide (Católicas por el Derecho a Decidir), National Citizen Observatory for Femicide (Observatorio Ciudadano Nacional del Feminicidio), and No More Femicides (Feminicidios Nunca Más) (Alianza por los Derechos de las Mujeres en el Estado de México et al. 29 Apr. 2015).

[4] According to an article commissioned by the Heinrich Böll Stiftung, a foundation affiliated with the German Green Party (Heinrich Böll Stiftung n.d.), "the use of the expression feminicide or femicide has been extended in Latin America to refer to gender-based homicides of women, including cases where women are killed by their partners or former partners" (Heinrich Böll Stiftung 24 July 2014).

[5] Fundar, also called Center of Analysis and Research (Centro de Análisis e Investigación), is a Mexico City-based "independent, interdisciplinary and plural organization devoted to research issues related to democracy and citizen participation" (Fundar 24 June 2014).

6] CAVI provides services in Mexico City to women who are victims of partner violence and children up to 12 years old who are victims of domestic violence (Mexico n.d.c). CAVI provides social, psychological, emergency medical care, legal advice, including obtaining emergency protection measures (Mexico n.d.c).

[7] RNR is a not-for-profit organization with [translation] "the goal of grouping together shelters that provide security, protection and specialized care for women and their children who live in risk of domestic violence, gender-based violence, sexual violence and human trafficking" (RNR n.d.a).

References

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Alianza por los Derechos de las Mujeres en el Estado de México et al. 29 April 2015. "Organismos de la sociedad civil exigen al estado mexicano que frene la violencia feminicida." [Accessed 2 August 2017]

Al Jazeera. 13 May 2015. Duncan Tucker. "Murdering Mexican Women with Impunity." [Accessed 5 June 2017]

Al Jazeera. 4 January 2015. Judith Matloff. "Six Women Murdered Each Day as Femicide in Mexico Nears a Pandemic." [Accessed 25 July 2017]

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China Global Television Network (CGTN). 20 September 2015. "Beating Domestic Violence in Mexico." [Accessed 5 June 2017]

El Universal. 14 February 2017. Eduardo Hernández. "Más de 27 mil mujeres violentadas fueron atendidas en 2016." [Accessed 26 July 2017]

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Fundar. 24 June 2014. "English." [Accessed 6 June 2017]

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Professor, Universidad Nacional Autónoma de México. 30 June 2017. Correspondence with the Research Directorate.

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Additional Sources Consulted

Oral sources: Casa Gaviota; Comisión Mexicana de Defensa y Promoción de los Derechos Humanos; Comunicación e Información de la Mujer, A.C.; Mexico - Fiscalía Especial para los Delitos de Violencia Contra las Mujeres y Trata de Personas, Instituto Nacional de Estadística y Geografía, Instituto Nacional de las Mujeres, Instituto Nacional de las Mujeres de la Ciudad de México, Procurador General de la Republica; Observatorio Ciudadano Nacional del Feminicidio; a professor of psychology, Universidad Nacional Autónoma de México; a professor at the Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México; Red Nacional de Refugios, A.C.; Sociedad Mexicana Pro Derechos de la Mujer, A.C.; UN - UN Women.

Internet sites, including: Amnesty International; AWID; Bloomberg; Casa Caviota; CBC News; CNN; Deutsche Welle; Ecoi.net; El Economista; El País; The Guardian; Human Rights Watch; The New York Times; One Billion Rising; Organisation for Economic Co-operation and Development; RT; Sin Embargo; Society for Social Work and Research; UN - OHCHR, Refworld, UN Women; University of Toronto; US - Agency for International Development; World Bank Group.

Attachment

Mexico. 2007. General Law on Women's Access to a Life Free of Violence. [Accessed 26 July 2017]