This jurisprudential thesis is a relevant example of case law, as the criteria issued by the Mexican Supreme Court is binding on all courts in the country. Every court shall rule based on a gender perspective. Therefore there should be a test to determine whether there is a gender violence case before the court. This test shall be performed by the court regardless of whether a party makes such a petition.
ADEQUATE DEFENSE OF PREGNANT WOMEN IN LABOR MATTERS. PREGNANT WOMEN ARE CONSIDERED A VULNERABLE GROUP AND THEREFORE THE JUDGE SHALL RULE BASED ON A GENDER PERSPECTIVE.
The Court held that for the crime of rape to have occurred, only penetration was necessary, not ejaculation. The Court also held that when two or more people conspire to commit rape, only one person need penetrate to hold all parties guilty of rape as long as the other people were involved in the steps leading up to the rape. The Court further held that when a husband rapes his wife, it is necessary for her to press charges before he can be charged with the crime.
This isolated thesis is a relevant example of gender perspective case law, as the criteria issued by the collegiate tribunal is binding on all cases resolved by such tribunal. In addition, such criteria issued may be persuasive in similar cases arising in other federal courts. The Mexican Supreme Court has determined that in order to determine whether a law is discriminatory a court must evaluate the following: (i) whether the purpose of such law is objective and not contrary to the Constitution; (ii) the means; (iii) that the purpose of the law and the means are proportional.
This isolated thesis is a relevant example of gender perspective case law, as the criteria issued by the collegiate tribunal is binding on all cases resolved by such tribunal. In addition, such criteria issued may be persuasive in similar cases arising in other federal courts. The Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women “Convention of Belém do Pará,” states that violence against women is an offense against human dignity, which constitutes a violation of fundamental rights.
This isolated thesis is a relevant example of gender perspective case law, as the criteria issued by the collegiate tribunal is binding on all cases resolved by such tribunal. In addition, such criteria may be persuasive in similar cases arising in other federal courts. The Mexican Supreme Court has previously determined the social benefits to which a former public safety employee is entitled at the time of her termination. The social benefits and salary must be paid upon termination and must account for both the period before and after an unjustified termination for pregnancy.
This isolated thesis is a relevant example of gender perspective case law, as the criteria issued by the collegiate tribunal is binding on all cases resolved by such tribunal. In addition, such criteria may be persuasive in similar cases arising in other federal courts. In cases of rape, facts of a psychological nature such as fear originated in relationships shall be taken into consideration. Every judgement shall be based on a gender perspective and the courts shall consider every element set forth by the victim, as those elements may increase the severity of the sentence.
The Court made several clarifications related to the crime of abduction. First, the court held that because the crime of abduction required the intent to segregate the victim from her customary mode of life and insert her in another, the crime of abduction does not take place when a man takes a woman temporarily for the purpose of sexual abuse. The Court reasoned that the temporary removal of the woman by the man did not constitute its own crime, but instead was an element of the separate crime of rape.
The Court affirmed that abduction and statutory rape were different crimes. The Court reasoned that statutory rape could take place without an abduction, and abduction could take place without resulting in statutory rape. The Court explained that when the victim is taken away by a male for the purpose of sexual abuse or marriage, statutory rape occurs at the moment of sexual activity, while abduction occurs at the moment she becomes segregated from her customary mode of life.
“RULING WITH A GENDER PERSPECTIVE. THE COURT MUST DETERMINE IF THE RELEVANT PARTY IS IN A VULNERABLE STATE THAT RESULTS IN A REAL DISADVANTAGE OR CLEAR IMBALANCE VIS-À-VIS THE OTHER PARTIES TO THE CASE.”
