Moving from Formal to Substantive Equality
to a Life Free of Violence (2006), the General Law on Equality between Women and Men (2007), and the Federal Law to Prevent and Eliminate Discrimination (2007).
Dr. Incháustegui then turned to an overview of women holding public office in Mexico. She gave examples of the moderate gains that have been made; for instance, 25% of judges in the country are currently women. Meanwhile, progress in local government is less promising. She said that it seems counterintuitive for it to be more difficult to secure power at municipal and district levels of government. Political harassment may explain why some women are prevented from participating in local politics, she said. In rare cases local women politicians have even been assassinated.
In closing, Dr. Incháustegui reminded the audience that the achievements towards gender equality have been significant since the adoption of CEDAW, but they are incomplete and irregular. She said that while we are certainly advancing, the legislative progress is only part of the story. In reality there are a series of complications that must be recognized and addressed for laws to be effectively applied.
1 CEDAW was adopted by the United Nations General Assembly in 1979 and came into force in 1981.
2 See, for example: the International Conference on Population and Development in Cairo in 1994; the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women in Belém do Pará in 1994; the Fourth World Conference on Women in Beijing in 1995.
3 Argentina, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Panama, and Peru have specifically criminalized femicide (also known as “feminicide”). The criminalization of femicide will soon be debated in the legislatures of Bolivia, Brazil, and Paraguay.
CEDAW, Article 2
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:
· To embody the principle of the equality of men and women in
their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;
· To adopt appropriate legislative and other measures,
including sanctions where appropriate, prohibiting all discrimination against women;
· To establish legal protection of the rights of women on an
equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;
· To refrain from engaging in any act or practice of
discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;
· To take all appropriate measures to eliminate discrimination
against women by any person, organization or enterprise;
· To take all appropriate measures, including legislation, to
modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;
· To repeal all national penal provisions which constitute
discrimination against women.