Mexico

Overview of the Law

• Initial Passage: 2 February 2007

• Relevant Reform on Political Violence: Reform No. 12, passed on 13 April 2020

Objective:
To prevent, address, punish, and eradicate violence against women, adolescents, and girls, ensuring their full access to a life free from violence and their human rights as guaranteed by the Political Constitution of the United Mexican States.

• The law also regulates Article 4 of the Constitution, which protects women's right to live free from violence.

Definition of Political Violence Against Women (Article 20 Bis)

Political violence is defined as:

“Any action or omission, including tolerance, based on gender elements and exercised within the public or private sphere, that has the purpose or result of limiting, nullifying, or undermining the effective exercise of the political and electoral rights of one or more women…”

This includes restrictions on:

• The performance of political functions

• Public office responsibilities

• Decision-making participation

• Freedom of organization

• Prerogatives related to pre-candidacies, candidacies, or other public positions

Forms of political violence can be:

• Physical

• Psychological

• Economic

• Symbolic

• Sexual

Potential perpetrators include:

• State agents

• Political party members

• Candidates

• Media representatives

• Private individuals

Structure of the Law

The law is organized under the following sections:

• Objectives and scope

• Definition of political violence against women

• Types of political violence

• Responsibilities of electoral and judicial bodies

• Sanctions and reparations

• Preventive and protective measures

• Obligations of political parties and public institutions

Seven Key Provisions

1. Recognition and Definition of Political Violence (Article 20 Bis)

• Formally recognizes political violence against women as a violation of their political and electoral rights, reinforcing the need for gender-sensitive legal frameworks.

2. Types of Political Violence (Article 20 Ter)

• Lists specific actions considered political violence, such as:

  • Withholding information

  • Obstructing campaigns

  • Restricting candidacies

  • Defamation based on gender stereotypes

3. Obligation to Promote Gender Equality in Electoral Processes (Article 48 Bis)

• Requires the National Electoral Institute and Local Public Electoral Bodies to:
  Promote non-violence against women in politics
  Integrate a gender perspective in campaign monitoring
  Enforce sanctions for political violence

4. Sanctions and Legal Consequences

• Political violence may be penalized under electoral, criminal, and administrative laws

• Articles 20 Ter and 48 Bis outline the basis for such penalties

5. Judicial and Administrative Protection Measures (Article 27)

• Allows electoral authorities to request protective measures for women experiencing political violence, including:

  • Personal security provisions

  • Legal protection and remedies

6. Preventive Measures and Monitoring

• Requires institutions to monitor electoral campaigns and decision-making bodies to detect and prevent:

  • Gender-based discrimination

  • Political violence

7. Right to Report and Seek Redress (Article 27)

• Women affected by political violence have the right to report violations and pursue remedies through:

  • Judicial bodies

  • Electoral authorities