Political Representation and Gender Equality in Mexico 3030967123, 9783030967123

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Political Representation and Gender Equality in Mexico Edited by Fernanda Vidal-Correa

Political Representation and Gender Equality in Mexico “This is a fascinating edited volume that uniquely draws on the expertise of Mexican academics and grassroots activists to explore the positive and negative effects of institutional reforms to promote gender equality in Mexico. Importantly, it gives voice to academic scholars of gender and institutions but also to activists who work on the ground to improve gender quality in Mexico.” —Leslie Schwindt-Bayer, Professor, Rice University, USA “Political Representation and Gender Equality in Mexico does what no other collection has done. By bringing not only academic voices to a discussion of women’s political representation in Mexico, but also the invaluable insight of practitioners and grassroots activists, this volume provides a holistic understanding of Mexico’s journey to gender equality. The result is an invaluable resource for scholars of women and politics, as well as those of Mexican democracy.” —Magda Hinojosa, Director & Professor, School of Politics and Global Studies, Arizona State University, USA “This timely and important collection brings together Mexico’s leading scholars and activists working on gender and politics. The chapters reveal Mexico’s progress and setbacks on gender equality, from advancing feminist legislative agendas to implementing national and subnational laws that combat violence against women. Vidal-Correa’s excellent and well-edited volume is required reading for everyone interested in Latin American politics.” —Jennifer M. Piscopo, Associate Professor of Politics, Occidental College, USA “This collection of essays about gender equality and political representation in Mexico is unique in that it combines the voices of practitioners, policy experts, activists, and academics into a mosaic of interlocking perspectives on the subject. Of particular significance is that the Mexican and native Spanish-speaking authors of this volume are able to address authoritatively an English-language readership in a way that reflects directly their roles and experiences within the Mexican national context that they analyze.” —James D Huck Jr., Tulane University, New Orleans, Louisiana, USA

Fernanda Vidal-Correa Editor

Political Representation and Gender Equality in Mexico

Editor Fernanda Vidal-Correa Universidad Panamericana Mexico City, Mexico

ISBN 978-3-030-96712-3 ISBN 978-3-030-96713-0 (eBook) https://doi.org/10.1007/978-3-030-96713-0 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover credit: Marina Lohrbach_shutterstock.com This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

To my Mom The example you set, but mostly your constant support, has guided me and allowed me to dedicate my life to research and to the empowerment of women… I will always miss you. This book is for you.

Acknowledgments

This book is a product of the project “Transitions from a descriptive to a substantive representation of women in Mexico,” funded by the Universidad Panamericana through the research grant UP-CI-2019COM-MX-02. I am grateful to Mariano Navarro, Head of the School of Communications, and to Alberto Ross, who at the time served as Vice-Rector for Research at Campus México, for their constant support in obtaining funds and their institutional support for the project. I wish to thank all the authors for their valuable work and contributions to this volume. Each one of them was critical in the making of this book. I also want to thank the two anonymous reviewers. All of their comments and suggestions helped me to mature my ideas and to create a more comprehensive book. I want to thank the people at Palgrave Macmillan, for their guidance through this entire process. Finally, I thank my family, for their support through another book writing process. As always, I could have not done this without them. Fernanda Vidal-Correa

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Contents

Part I 1

2

3

New Ideas and Approaches to Study Gender Equality

Introduction: Political Representation and Gender Equality in Mexico Fernanda Vidal-Correa The Politics of the Subject in the International Legal Framework that Protects Women’s Political Rights Juan Iván Martínez Ortega Dialogic Feminisms: A Methodological Approach Toward Guaranteeing the Rights Articulated in Constitutional Regimes Eunice Arias Arias

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17

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Part II Contesting Political Representation: Women’s Substantive Representation in Mexico 4

5

A Gender Perspective or a Family Perspective: Exclusionary or Inclusive Frameworks Diana Ibarra Soto

55

Building a Democracy with a Gender Perspective: Mexico’s Judicial Path Toward Equality Gema Morales Martínez

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x

6

7

8

9

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CONTENTS

Perspectives on Parity in Mexican Federal Legislators, 2009–2021: Gender, Ideology, and Party Affiliation Mónica Montaño Reyes and Cristian Márquez Romo Women’s Substantive Representation in Legal Bills: Classifying and Applying Them to the Mexican Case Sergio Bárcena Juárez, María Fernanda López Díaz de León, and María José de la Peña Sánchez Feminist Agendas and Substantive Equality: From the Politics of Presence to Legislative Political Transformation Lorena Vázquez Correa

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109

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Gender-Based Political Violence: Regulatory Demand and Multilevel Legislative Harmonization in Mexico Flavia Freidenberg and Karolina Gilas

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The Role of the Mexico City Congress in Advancing Gender Equality Alicia Guadalupe Luna Salazar

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Part III Contesting Women’s Substantive Representation in Mexico: Grass-Roots and Advocacy Communities Perspectives 11

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Participation and Representation of Women’s Demands During Indigenous Consultations: A Study of the National REDD + Strategy Consultation Processes in Puebla and Veracruz Carolina Muñoz-Canto Regulatory Limitations for Guaranteeing Women an Education Free of Violence: The Case of the Action and Intervention Protocol Against Gender-Based Violence at the Autonomous University of Querétaro Ana Karen Rodríguez Ballesteros Transnational Policy Transfer and the Gender-Based Violence Agenda: Contributions from Civil Society Adriana Ortiz-Ortega and Anel Ortiz Alavez

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CONTENTS

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The Olimpia Law: The Beginning of a Legal Framework That Addresses Digital Violence Laura Vidal

Index

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Notes on Contributors

Eunice Arias Arias is General Director of Evaluation and Monitoring of Social Programs at the Ministry of Welfare, Mexico. She holds an M.A. in Public Policy from the Latin American Faculty of Social Sciences (FLACSO), an M.A. in Human Rights from the University of Genoa, and an M.A. in International Public Policy from Queen Mary, University of London. She is currently an Associate Professor at the National University of Mexico (UNAM), where she coordinates the World Bank Project 8447-MX. Sergio Bárcena Juárez is an Assistant Professor at the Monterrey Institute of Technology and Higher Education, Campus México. He holds a Ph.D. in Political Science from the National University of Mexico (UNAM). Since 2010 he has held positions as legislative advisor and consultant, specializing in the study of the Legislative Branch and electoral behavior. Between 2015 and 2017, he directed the academic programs of Law and Political Science at Tecnológico de Monterrey. In 2018 he established the project Buró Parlamentario, a non-profit organization that provides information to citizens about their lawmakers and candidates. María José de la Peña Sánchez is a Senior consultant at Parliamentary Bureau (Buro Parlamentario). She has specialized in international business, with special programs by the EU Business School at München and in business, economics and politics by the Cevro Institut Prague.

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NOTES ON CONTRIBUTORS

Flavia Freidenberg is an Assistant Professor at the Institute of Legal Research in the National University of Mexico, UNAM. She holds a Ph.D. and M.A. in Latin American Studies from the University of Salamanca. She is a member of the National System of Researchers, Level II; the project leader of the “Observatory of Political Reforms in Latin America, Organization of American States”; a lead researcher of the “Electoral Reforms and Democracy in Latin America”, a project sponsored by UNAM; and the Founder and Coordinator of the Female Network of Political Scientists—#NoSinMujeres. Karolina Gilas is an Assistant Professor at the Faculty of Political and Social Sciences at the National University of Mexico, UNAM. She holds a Ph.D. in Political and Social Sciences from the National University of Mexico (UNAM) and an M.A. in Political Sciences from the University of Szczecin, Poland. She is a member of the National System of Researchers, Level I. Researcher at the Electoral Judicial Training Centre of the Electoral Tribunal of the Federal Judicial Court (TEPJF). Secretary of Liaison and Communication of the Mexican Society for Electoral Studies. Diana Ibarra Soto Professor at the Institute of Humanities at the Universidad Panamericana. Advisor of the Ministry of the Interior and the Ministry of National Defence. Former Counsellor of the National Institute of Women. María Fernanda López Díaz de León is the Leading Coordinator of the Parliamentary Bureau (Buro Parlamentario), responsible for the Gender-based Legislation Group at Parliamentary Bureau. Graduated in International Relations. Specialized in entrepreneurship and innovation (Monterrey Institute of Technology and Higher Studies). Recipient of the Huayu scholarship, granted by the Republic of China. Alicia Guadalupe Luna Salazar is an Assistant Professor at the Faculty of Political and Social Sciences in the National University of Mexico, UNAM. She holds a Ph.D. in Political and Social Sciences from the National University of Mexico and an M.A. in Government and Public Affairs from the same University. Member of the Female Network of Political Scientists Chapter Mexico. Juan Iván Martínez Ortega is a Senior Lecturer at the Gender Studies Academic Group, College of the Southern Border (ECOSUR). He holds an M.A. in Studies for Peace and Development from the University of the

NOTES ON CONTRIBUTORS

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State of Mexico and the Institute of Peace and Conflicts of the University of Granada, Spain. Cristian Márquez Romo is a doctoral researcher in Global Governance and the Rule of Law at the University of Salamanca. He holds an M.A. in Latin American Studies from the same university. Mónica Montaño Reyes is Assistant Professor in the Department of Political Studies at the University of Guadalajara. She holds a Ph.D. in Political Science from the University of Florence. She was visiting researcher at the University of Salamanca, Spain and the University of Siena, Italy. She is currently leading the Electoral Political Observatory of the University of Guadalajara and the Elites Research Group of the Latin American Political Science Association. Gema Morales Martínez is former Counsellor of the Electoral Institute of the State of Querétaro (2014–2020). She chaired the Commissions for Civic Education and Citizen Participation as well as the Commission for International Affairs. She holds an M.A. in Applied Public Management from Tecnológicode Monterrey. Carolina Muñoz-Canto is an Associate Researcher in the Colegio de Tlaxcala, A.C., She holds a Ph.D. and an M.A. in Social Studies from the École des Hautes Études en Sciences Sociales. She has worked with civil society organizations in the Sierra de Puebla and Veracruz, working especially with indigenous women. Member of the Mexican Society of Electoral Studies Board. Anel Ortiz Alavez is a Researcher and Head of the Social Advocacy Area of the Universidad Iberoamericana, Tijuana campus. Advocate leader, founding member and coordinator of the Gender Section at the Organización México Americana para el Desarrollo A.C. (OMADES). She is currently finishing her Ph.D. in Global Development Studies at the Baja California Autonomous University. Adriana Ortiz-Ortega is a Professor at the Autonomous Technological Institute of Mexico, where she is also a Deputy Director of Gender, Equality and Inclusion. President and founder of Cincuenta y Uno Per Ciento AC, a civil groups organization that advocates for women’s leadership. She holds a Ph.D. in Political Science from the University of Yale and an M.A. in Political Economy from the University of Essex.

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Ana Karen Rodríguez Ballesteros is an advocate leader at the #YoTambiénUAQ CSO and a Lecturer at the Technological University of Mexico. She holds an M.A. in Social Sciences from the University of Querétaro. She is currently finishing her Ph.D. in Political and Social Sciences at the National University of Mexico. As an activist, she was involved in the production of “Have a nice day” (2018)—documentary of the Third Generation of the National Network of Audiovisual Poles, Querétaro. She collaborated in the documentary Taking Off the Mask (2018), produced by collective #YoTambiénUAQ CSO in order to make sexual harassment cases visible. Lorena Vázquez Correa is a Senior Researcher at the Belisario Domínguez Institute of the Mexican Senate. She holds an M.A. in Social Studies from the Metropolitan University. Specialist in Electoral Justice from the Judicial Electoral School of the Electoral Tribunal of the Federal Judicial Court. She was a visiting researcher at the School of Politics and Global Studies at Arizona State University and Fellow at the Mexican Academy of Sciences. Laura Vidal is an independent consultant and external researcher of the “Women and Employment” working group at the Institute for Economic Research and of the working group “State of International Law” of the Institute of Legal Research, at the National University of Mexico, UNAM. She has a Ph.D. in Development Studies from the Autonomous University of Zacatecas and M.A. in Biotechnology Law and Ethics from the University of Sheffield in the UK. Fernanda Vidal-Correa is an Associate Professor and Head of Research in the School of Communications the Universidad Panamericana. She holds a Ph.D. in Politics from the University of Sheffield, UK. She is member of the National System of Researchers. She is currently leading the project “The Transition from Descriptive to Substantive Representation of Women in Mexico: An Analysis of the Legislative Work.”

Abbreviations

CDMX CDPM CEAMEG

CEAV CEDAW CEENL CELIG

CICDPM

CIM COFIPE

CONAFOR CONAPRED

Mexico City [Ciudad de México] Convention on the Political Rights of Women Center for Studies for the Advancement of Women and Gender Equality [Centro de Estudios para el Adelanto de la Mujer y la Equidad de Género] Executive Commission for Victim Assistance [Comisión Ejecutiva de Atención a Víctimas] Convention on the Elimination of All Forms of Discrimination Against Women State Electoral Commission of Nuevo León [Comisión Estatal Electoral de Nuevo León] Center for Studies for the Achievement of Gender Equality [Centro de Estudios para el Logro de la Igualdad de Género] Inter-American Convention on the Granting of Political Rights to Women [Convención Interamericana sobre Concesión de los Derechos Políticos a la Mujer] Inter-American Commission of Women [Comisión Interamericana de las Mujeres] Federal Code of Electoral Institutions and Procedures [Código Federal de Instituciones y Procedimientos Electorales] National Forestry Commission [Comisión Nacional Forestal] National Council to Prevent Discrimination [Consejo Nacional para Prevenir la Discriminación] xvii

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ABBREVIATIONS

CONAVIM

CPC CPEUM CPF DOF ECLAC ENAREDD+

ENDIREH

FEPADE

IEEPCO

IEEQ IEN GPPAN IEPC IEPCJ IFE IMPEPAC

INE INEGI INMUJERES IPU

National Commission to Prevent and Eradicate Violence Against Women [Comisión Nacional para Prevenir y Erradicar la Violencia contra las Mujeres] Citizen Participation Committee [Comité de Participación Ciudadana] Political Constitution of the United Mexican States [Constitución Política de Estados Unidos Mexicanos] Federal Penal Code [Código Penal Federal] Official Journal of the Federation [Diario Oficial de la Federación] Economic Commission for Latin America and the Caribbean National Strategy to Reduce Emissions from Deforestation and Forest Degradation [Estrategia Nacional de Reducción de Emisiones derivadas de la Deforestación y la Degradación Forestal] National Survey on the Dynamics of Household Relationships [Encuesta Nacional sobre la Dinámica de las Relaciones en los Hogares] Specialized Prosecutor’s Office for the Attention of Electoral Crimes [Fiscalía Especializada para la Atención de los Delitos Electorales] State Electoral and Citizen Participation Institute of Oaxaca [Instituto Estatal Electoral y de Participación Ciudadana de Oaxaca] Electoral Institute of the State of Querétaro [Instituto Electoral del Estado de Querétaro] Parliamentary Group of the National Action Party [Grupo Parlamentario del Partido Acción Nacional] Institute of Elections and Citizen Participation [Instituto de Elecciones y Participación Ciudadana] Electoral and Citizen Participation Institute of Jalisco [Instituto Electoral y de Participación Ciudadana de Jalisco] Federal Electoral Institute [Instituto Federal Electoral] Morelense Institute of Electoral Processes and Citizen Participation [Instituto Morelense de Procesos Electorales y Participación Ciudadana] National Electoral Institute [Instituto Nacional Electoral] National Institute of Statistics and Geography [Instituto Nacional de Estadística y Geografía] National Institute for Women [Instituto Nacional de las Mujeres] Inter Parliamentary Union

ABBREVIATIONS

LEGIPE LFPED LGAMVLV

LGBTTIQ+

LGIMyH MC MDG MOCIBA MORENA OAS OECD Oples PAN PASC PELA-USAL

PES PGR PPS PRD PRI PROIGUALDAD

PRT PSDM PT PVEM

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General Law of Electoral Institutions and Procedures [Ley General de Instituciones y Procedimientos Electorales] Federal Law to Prevent and Eliminate Discrimination [Ley Federal para Prevenir y Eliminar la Discriminación] 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] Lesbian, Gay, Bisexual, Transsexual, Transgender, Intersex and Queer as Well as for Identities Such as Asexual, Pansexual and Gender Fluid, Among Others [Lesbiana, Gay, Bisexual, Transexual, Transgénero, Intersexual y Queer así como para identidades como Asexual, Pansexual y Gender Fluid, entre otros ] General Law of Equality between Women and Men [Ley General de Igualdad entre Mujeres y Hombres] Movimiento Ciudadano (Political Party) Millenium Development Goals Cyberbullying Module [Módulo sobre ciberacoso] Movimiento de Regeneración Nacional (Political Party) Organization of American States Organization for Economic Cooperation and Development Electoral Local Public Bodies [Organismos públicos locales electorales] Partido Acción Nacional (Political Party) Partido Alternativa Socialdemócrata y Campesina (Political Party) Parliamentary Elites Project of the University of Salamanca, Spain [Proyecto Élites Parlamentarias de la Universidad de Salamanca, España] Partido Encuentro Social (Political Party) Office of the Attorney General of the Republic [Procuraduría General de la República] Partido Popular Socialista (Political Party) Partido de la Revolución Democrática (Political Party) Partido Revolucionario Institucional (Political Party) Institutional Program 2020–2024 of the National Institute of Women [Programa Institucional 2020–2024 del Instituto Nacional de las Mujeres] Partido Revolucionario de los Trabajadores (Political Party) Partido Socialdemócrata de Morelos (Political Party) Partido del Trabajo (Political Party) Partido Verde Ecologista de México (Political Party)

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ABBREVIATIONS

RDI REDD+

SDGs SEGOB SIL TEEQ TEPJF UAQ UAVIG UMA UN UNAM UNDP UNESCO

Regulatory Demand Index for Gender-Based Political Violence Reduction of Emissions from Deforestation and Forest Degradation [Reducción de Emisiones derivadas de la Deforestación y la Degradación Forestal] Sustainable Development Goals Secretariat of the Interior [Secretaría de Gobernación] Legislative Information System [Sistema de Información Legislativa] Electoral Tribunal of the State of Querétaro [Tribunal Electoral del Estado de Querétaro] Electoral Tribunal of the Federal Judicial Branch [Tribunal Electoral del Poder Judicial de la Federación] Autonomous University of Queretaro [Universidad Autónoma de Querétaro] Gender Violence Attention Unit [Unidad de Atención de Violencia de Género] Measure Unit and Upgrade [Unidad de Medida y Actualización] United Nations Organization National Autonomous University of Mexico [Universidad Nacional Autónoma de México] United Nations Development Program United Nations Educational, Scientific and Cultural Organization [Organización de las Naciones Unidas para la Educación, la Ciencia y la Cultura]

List of Graphs

Graph 7.1

Graph 7.2

Graph 7.3

Evolution of descriptive and substantive representation in the Chamber of Deputies: 1997–2021. n = 26,767 legal bills (Source Authors’ elaboration with data from the Sistema de Información Legislativa [SIL] [Legislative information system] and Vidal [2020]) Evolution of the type of bills on women’s interests presented to the Chamber of Deputies: 1997–2021. n = 1191 legal bills (Source Authors’ elaboration with data from the Sistema de Información Legislativa [SIL] [Mexican legislative information system]) Evolution of feminist bills with respect to the percentage of women in the assembly: 1997–2021

124

125 126

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List of Tables

Table 4.1 Table 6.1 Table 6.2 Table 6.3 Table 6.4 Table 8.1 Table 9.1 Table 9.2 Table 9.3 Table 10.1 Table 11.1 Table 12.1

Analysis of international instruments: vocabulary on gender, sex, and family On a scale of 1 to 5, how important is the issue of equality between men and women in Mexico? (%) On a scale of 1 to 5, to what extent do you agree with the statement below? On a scale from 1 to 7, to what extend do you agree with the sentence below? Legislators for or against abortion (%) Legislative agenda matrix for gender equality. Progress in compliance with international recommendations The regulatory demand index for gender-based political violence Level of regulatory demand associated with the law on gender-based political violence Regulatory demand level and parity in state congresses in 2020 Most relevant initiatives from the 2020 Women’s Parliament Indigenous communities and process phases by state Digital ethnography observation guide for publications related to UAQ’s protocol on the #YoTambiénUAQ and Mujeres de la NO FCPyS UAQ groups’ public Facebook pages

70 100 102 103 105 140 165 177 178 199 213

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LIST OF TABLES

Table 14.1 Table 14.2

The differences in the regulation of digital violence and violence against sexual privacy Aggravating circumstances of the violence against sexual privacy

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PART I

New Ideas and Approaches to Study Gender Equality

CHAPTER 1

Introduction: Political Representation and Gender Equality in Mexico Fernanda Vidal-Correa

The First Steps Towards Gender Equality Social movements and demands in favor of women’s full and continuous participation in Mexican political and public life have been present at different moments throughout Mexico’s history. They have usually coincided with moments of significant social importance for the consolidation of the Mexican state and its democracy. Today, however, these demands go beyond political inclusion, and have moved towards full equality in all aspects of life. During the War of Independence, women such as Josefa Ortiz de Domínguez and Leona Vicario significantly shaped ideas that undergird the creation of the Mexican state. During the struggle for independence, “some women even participated in insurgent armies, for example Juana Barragán, known as ‘La Barragana’ or Manuela Medina known as ‘La

F. Vidal-Correa (B) School of Communications, Universidad Panamericana, Mexico City, Mexico e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_1

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Capitana,’ who was born in Taxco and joined the Morelos army” (Girón et al., 2008, 35–36). These first women organized and fought in many ways. The first examples thereof include the First Feminist Congress of Yucatán in 1916 and the Leagues of Female Orientation, both of which were created to fight against gender pay gaps, as well as advocate for women’s right to vote, and equality among men and women. In 1935, the United Front for Women’s Rights was created and was mostly concerned with the right to vote. But it was not until 1947, during the presidency of Miguel Alemán Valdés that women obtained the right to vote and be voted for in municipal elections. Then, in 1953, women won the right to vote and to be voted for in national elections. A new wave of feminism developed in Mexican politics in the early 1970s. These feminist movements began with the creation of Mujeres en Acción Solidaria (Women in Solidary Action) and the Movement for Women’s Liberation. Little by little, new groups emerged, and their agendas included issues like the right to free and legal abortion, as well as the need to punish rape and stamp out violence against women. The 1980s witnessed the consolidation of multiple groups. As a direct consequence of the 1975 World Conference of the International Women’s Year, hosted in Mexico City, legal equality was finally recognized in the Mexican Constitution. Writing about women’s rights and equality in Mexico means thinking about the country’s democratization process, which, since the end of the 1970s, has included multiple reforms to Mexico’s political and electoral systems. The road to democracy has been built in stages or in the context of, as Laurence Whitehead called it, a slow transition (Whitehead, 1996). The Constitution alone has been amended 707 times since its promulgation in 1917. Many of these changes were made to guarantee the exercise and protection of the rights that any democracy worthy of the name upholds. In addition, over the past 43 years, 14 electoral reforms have been carried out. Between 1977 and 2000, these reforms were so frequent that no two elections took place under the same rules. Throughout, these processes have heavily relied on institutional mechanisms and designs and it is through these reforms that the country and its democracy have been shaped. Women’s rights were not an exception. Initially, legal changes allowed the opposition to participate in a country that had been dominated by the same political party for more than 70 years. At the same time, some also created spaces for women to be part of politics. The democratization process thrived because citizens

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expressed their demands for political rights, including women’s participation and representation in decision-making spaces. Electoral mandates were at the top of the list. Gender quotas and parity reforms have been the main institutional mechanisms used to foster women’s presence in government. The changes to the constitution and other laws have gone from simple recommendations to incentives in the mid-1990s and, later on, to the imposition of sanctions in 2002. Finally, in 2014, the parity mandate came into force, with its first modifications as early as June 2019. This last constitutional reform was enacted to ensure that half of all decision-making positions are filled by women. This applies to the three branches of government and at all three levels of government, as well as to autonomous bodies and municipalities with indigenous populations. Considerable transformation over the last 25 years notwithstanding, the institutional mechanisms that were so eagerly promoted still have yet to solve many problems. The timeline evidences the slow and sometimes forced processes that Mexico has endured on its path to substantial increases in the number of women elected to congress (49.2% in the Chamber of Deputies and 50.8% in the Senate as of September 2021). Yet, there has been almost no movement for women at the bottom of the pyramid. Changes have meant few, if any, improvements to women’s daily lives and have failed to solve the multiple problems they face, most of which are derived from inequality, violence and the perpetuation of patriarchal relations. Many assumed that smashing the gender representation ceiling would translate into better representation of women, as well as in better norms and rules, and that, in the long run, this would lead to gender equality. However, these expectations have not been met and, for many women, the situation has only gotten worse. In Mexico, a total of 987 women were murdered in the first four months of 2020 alone (data from the Executive Secretariat of the National Public Security System). More women have begun occupying new spaces, both public and private—elected positions, positions by appointment, and, little by little, in the educational and economic sectors, including senior management positions. However, at the same time, diverse forms of violence against women (VAW) are on the rise. According to data from the 2016 Mexican National Survey on Household Relationship Dynamics (National Institute of Statistics and Geography, INEGI), 66.1% of women aged 15 years or over have suffered some type of physical, psychological,

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or sexual violence. Emotional violence predominates at 49%, along with sexual violence at 41.3%. The laws and regulations designed to guarantee equality between men and women are clearly misaligned with the reality observed in Mexico. It seems as if women’s substantive representation has yet to pay its dividends, if any could be expected. It is thus imperative to understand the development of institutional designs meant to empower women politically in Mexico, but, at the same time, it is important to identify the elements that have made transition from representation to real gender equality difficult and sometimes unrealizable. This book seeks to chart the evolution of gender equality in Mexican political institutions, specifically in contemporary politics. It further aims to study the various aspects associated with the advancement of gender equality in Mexico, as well as to identify and assess emerging obstacles that block the achievement of gender equality, and the processes available for mitigating disparities. This effort is supported by a variety of scholars and policy practitioners who are familiar with the topic and who contribute with specialized knowledge on the particular aspects and contexts that shape this issue.

Studying Women’s Representation in Mexico Gender scholars studying representation and representative democracies became more interested in Mexican politics when gender quotas emerged and were employed in legislative electoral processes. These scholars examine questions related to political institutions, political parties, party systems, and elite groups’ general attitudes and behaviors when the number of women in elected office began to increase. Many scholars have studied the role of gender quotas in increasing women’s access to newly elected democratic governments and how quotas likely impact lawmakers’ behaviors (Baldez, 2004, 2006, 2007; Bruhn 2003; Fernández Poncela, 2011; Kerevel & Atkeson, 2017; Rodriguez, 1998, 2003; Zetterberg, 2008). With the establishment of quotas in Mexican politics, studies began to question political recruitment practices associated with quotas that attempt to preserve nominations for men (Beer & Ai Camp, 2016; Piscopo, 2016; Reynoso & D’Angelo, 2006). As quotas became more elaborate, including other aspects of the electoral system, such as nominations in the mixed-member system, a zipping list in proportional representation, and same-sex nominations of suplentes and propietarios

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(the elected person and a substitute), studies also moved to these other issues. Scholars explored the interaction of quotas with other aspects of power and representation, including links with other legislative positions and the executive office, but also representation at different levels of government (Caminotti & Freidenberg, 2016; Cárdenas, 2019; Contreras Alcántara & Rodríguez Salazar, 2019; González, 2016; Kerevel, 2019; Peña Molina, 2005; Vidal Correa, 2016). With the approval of parity laws in 2014, and the enactment of more robust enforcement mechanisms in 2019, new research directions have also emerged. At the same time, the social context in Mexico has changed, and violence against women has steadily increased. A few contemporary studies question the tangible positive effects of gender parity laws on legislators’ attitudes, behaviors, and political engagement towards gender equality policies (Cárdenas, 2019; García Fajardo et al., 2020; García Méndez, 2019; Piscopo, 2017; Vázquez Correa & Patiño Fierro, 2020). Political parties continue to circumvent approved legislation that attempts to give more space to women (Cárdenas Acosta, 2019; Libertad CamalCheluja & Cadena-Inostroza, 2021). As far as mechanisms that limit positive outcomes for women when it comes to the implementation of new policies in Mexico, some studies point to ideas and concepts related to equality embedded in culture and social practices (Gilas & Pacheco, 2018; Kim & Caseres, 2021; Wright, 2020), along with the fact that national laws lack harmonization at the state level (Gilas & Freidenberg, 2020; Freidenberg & Sierra, 2021). Despite more female members of parliament, political violence and inequality on the basis of sex continue to occur at all levels of power and within society (Wright, 2020). Gender parity has resulted in major political, electoral, and institutional changes. All of them require detailed study of their likely effects on representation, as well as on the creation of equality between men and women in Mexico. Multiple regulatory changes, many of which were established with the intention of ensuring greater equality, have become ineffective, at least in promoting desired positive outcomes for women’s social and political standing. This book aims to build upon and contribute to these literatures. It brings together the literature on women’s representation and participation with literature on political institutions in Mexico to research, explore and answer some of the emergent questions surrounding representation and equality, while explicitly recognizing the voices of onthe-ground groups. Additionally, it provides a space for voices not heard often enough, including scholars and practitioners who are native Spanish

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speakers, allowing them to share their views, analysis, and perspectives with a broader audience. Through their voices, this book helps to elucidate key institutional designs for shaping women’s representation and rights; at the same time, it sheds light on other aspects, including the ways in which policies and institutions are administered or applied, and how they sometimes have failed to meet their mandates.

Structure of the Book This book offers useful and original contributions to the field based on an intersectional approach, building in perspectives that reach beyond the boundaries of political and legal institutions. It further engages with current scholarship that views gender equality from an institutionalpolitical and legal-disciplinary perspective. The authors question conventional thinking and provide different perspectives within institutional parameters. At the same time, some chapters offer gtassroots perspectives, with a scholarship from a less academic, more activist and advocacyfocused lens. This book focuses on the legal and law-making facets of gender equality in Mexico, but, at the same time, provides insight into lived experiences and on-the-ground battles. The Chapters and Their Main Findings This book is divided into three parts. Part I focuses on new approaches to the study and understanding of gender equality. Specifically, Juan Iván Martínez looks into the words and concepts that international instruments designed to protect women’s political rights employ. This chapter analyzes the tensions between global normative notions of women as political beings and the material and subjective conditions of those who participate in politics. Employing content analysis, the author supports the idea that international instruments are infused with political conceptions of the female subject and that women are conceived of in three different ways, namely as a monolithic, heterogeneous subject, as an ideal being, and, in more recent documents, as intersectionality begins to be recognized and adopted, as subjects with diverse identities. Eunice Arias argues that, in Mexico, tensions continue to exist, leading to regular institutional violations of women’s human rights. She suggests that, even though significant advances in elected positions and egalitarian discourses have been achieved, setbacks persist, particularly for sexual and

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reproductive rights, among others. To reduce inequalities, she suggests that a gender analysis emphasizing dialogical feminism is needed. Arguing that this could potentially lead to a decolonizing shift, she sees that this would, in turn, result in public policies towards gender equality. Diana Ibarra contends that, in recent years, the legislative gender agenda and the public policies advancing gender equality in Mexico have been instrumental in promoting political equality. However, she suggests, these advancements have also impacted or under considered families’ well-being. She contends that the ideas put forward seem to present an apparent dichotomy or mutually exclusive conceptualizations between the gender perspective and ideas or positions that support the family. Furthermore, she sustains that legislation that concentrates on the family is less frequent or called for. This chapter challenges the idea that these positions are irreconcilable, and argues that both can work together in the design of public policy that favors women in Mexico. Part II first engages with the main institutional changes that the Mexican political and electoral systems have undergone in the process of advancing women’s political empowerment. This section also looks into the role and perspectives that lawmakers bring to the equation, and how their positions and identities can impact women’s substantive representation in Mexico. Gema Morales, a former local electoral commissioner, focuses on the transition and path that local and national electoral authorities followed when creating guidelines around the achievement of gender parity. This chapter also explains and provides powerful insights into key court rulings that have contributed to the development and strengthening of democracy with a gender perspective in Mexico. Monica Montaño and Cristian Márquez focus on identifying and characterizing federal lawmakers’ views on political equality. Using data from the Latin American Elites Project of the University of Salamanca (PELAUSAL), they identify differences in attitudes and values based on gender, ideology, and political party. This, they contend, likely creates gaps in how lawmakers see inequality, as well as the conditions that surround access to party leadership and abortion, among other issues. Using a database of their own elaboration, Sergio Bárcena, María Fernanda López and María José de la Peña study what triggers Mexican lawmakers to promote gender-sensitive legislation. This text analyzes the possible influence that institutional, partisan, and biographical data can

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have over the connection between descriptive and substantive representation. Lorena Vázquez analyzes women’s representation by employing data on the approval of legislation that advances substantive equality between men and women. She argues that approved legislation is an outcome based not only on endogenous dynamics within congress, but also on external factors, including international treaties, the feminist movement and organized women’s networks that have the capacity to shape the agenda and positively create support networks among female legislators from different political parties. The following two chapters present state-level case studies, specifically the practices and measures undertaken in order to push forward gender equality at the institutional level. Flavia Freidenberg and Karolina Gilas focus on existing rules regarding gender-based political violence in Mexico. Specifically, they propose an index to measure how likely laws are to be enforced (LE) at both the federal and state levels (with data from 32 states). Focusing on diverse dimensions (e.g., classification of the crime, sanction, reparation, and non-repetition), the index measures the scope and range of these rules. Alicia Luna analyzes the role of the Mexico City Congress in advancing laws and strategies that guarantee gender equality. She studies the contribution of and impact that gender parity has had on said congress’s work, particularly the efforts of the Centre for Legislative Studies for Gender Equality. She also explores some of the challenges that the gender agenda faces in Mexico City, especially surrounding health, education, economic empowerment, political participation, gender-based violence, and access to justice. Part III explores gender equality in Mexico from another perspective. It specifically relies on perspectives from grassroots and advocacy communities to confirm the validity and usefulness of institutional designs intended to promote women’s substantive representation and gender equality in the country. Carolina Muñoz contends that some groups, such as indigenous women, continue to experience a process of double relegation. For this, she analyzes women’s participation in consultative processes carried out within indigenous communities in order to guarantee indigenous peoples’ rights. Employing an epistemological approach and based on intersectionality and role play, she argues that women’s substantive representation is mediated by their place within the community’s social hierarchy.

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Ana Karen Rodríguez analyzes the deficiencies and shortcomings of the Action and Intervention Protocol against Gender-based Violence at the Autonomous University of Querétaro (UAQ), which was created in August 2018 to prevent, attend to, and eradicate cases of gender-based violence among members of the University. She studies the experiences and voices of activist groups, including #YoTambienUAQ and Mujeres de la NO FCPyS UAQ , who mainly work to uncover and make visible instances of sexual harassment. Adriana Ortíz-Ortega and Anel Ortíz study the critical role of feminist organizations in drafting proposals, actions, and establishing follow-up norms and policies. They adopt international, regional, and subnational views to better understand how the state, civil society, and international agencies interact. They contend that gender-based policies have a strong bottom-up component, which is critical for understanding both their potential, as well as their limited institutional basis. In the last chapter, Laura Vidal describes the process through which Olimpia Coral, a victim herself of a form of sexual violence, lead the Frente Nacional para la Sororidad (National Sorority Front), and fought to criminalize digital sexual violence. This chapter looks into the debated that preceded the legislative process, especially the role played by civil society to generate recommendations to Congress, and the resulting Ley Olimpia (Olympian Law).

Conclusions Regarding Political Representation and Gender Equality in Mexico This book comes to significant conclusions regarding gender and representation, particularly when it comes to mechanisms that result in greater equality between men and women. In one way or another, all the contributing authors argue that there have been momentous institutional changes towards the advancement of women’s political rights. However, we also show that institutional mechanisms or designs can be flawed and do not necessarily deliver the outcomes that they originally intended. More women are entering political office, and parity in nearly all areas of representation has been achieved. However, as the authors herein contend, this has not necessarily translated into effective policies that guarantee equality. To some extent, attitudes and behaviors have changed with the increasing number of women in all areas of government, but women still fail to access leadership positions. More generally, parity and

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the achievement of descriptive representation have not had delivered on the transformational gender outcomes that many thought possible. Legislation and international instruments have evolved, recognizing that women are not a homogeneous groups. Intersectionality has become a consideration and tool when crafting institutional designs. This itself is a positive outcome. Legislation, as we show, is moving away from using androcentric references towards specific concepts that recognize women as different and, therefore, subjects that can exercise their rights differently. We show that intersectionality has become critical to institutional design, recognizing women as different. However, in some cases, intersectionality has been successful in addressing certain issues, but in others, it is yet to be considered, for example, women and families. In this sense, we argue that public policies should incorporate a more functional family model, regardless of its configuration. A gender perspective can provide powerful tools for strengthening the family as a concept in institutional design, in an effort to offset the hegemonic masculinity that prevails in its conceptualization. In this book, we argue that even in light of important steps towards a more equal society, structural and institutional obstacles remain. The number of court cases that have come up, for example, is a clear reminder that some actors and positions resist or fail to accept implemented institutional, and constitutional changes that advance equality between men and women. We show that gender parity policies now successfully grant women access to politics and that this has impacted the way women are represented in certain ways. For example, an increasing number of legislative initiatives place women at the center. They focus on breaking with the roles traditionally assigned to women, either by clearing the way to spaces that have been traditionally blocked, expanding decision-making freedoms or increasing empowerment through laws and government actions. However, we contend that institutional change has not been enough. Representatives and congresses seem to be ineffective at converting legislators’ representative intentions into reforms that improve women’s living conditions. Women’s active and continuous participation must be advanced without hesitation. We show that external actors, such as women’s movements, civil society organizations, and international actors with the capacity and resources to influence the agenda-making process, can favorably impact the creation of collaborative networks between female

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legislators. This could contribute to strengthening the needed structures for the approval of common agendas. At the same time, we show that ideology matters in terms of attitudes and behaviors towards equality, as well as for accessing party leadership positions. It is important not to lose sight of the fact that, despite important advances to date in terms of the number of women elected, issues such as violence and equality are discussed within ideological frameworks. Even if these subjects have become relevant in recent congresses and, from a neo-institutional change perspective, cultural changes can be expected, the directions they take will depend on reigning ideological positions. We have, for example, shown that partisan resistance has manifested itself in the pace and content of legislative harmonization efforts and accounts for the pressure that various actors have experienced. Moreover, contrary to what might be expected, a state congress with gender parity does not correlate with the harmonization of laws favoring women and equality. Party ideology matters. Resistance within congresses can hinder the institutional structures that aim to secure rights and generate institutional spaces that promote equality between men and women. We reflect on the importance of consolidating the work of internal gender commissions in congresses so that they can continue to guide lawmakers, ensuring that they adopt a gender perspective. Institutions can only take us so far in the achievement of gender equality. As we show, there are other issues to consider that can negatively affect the adoption and implementation of new rules. For example, in indigenous communities, structures that privilege men’s presence in public spaces endure. Only some have differentiated internal hierarchical processes as a result of recent modifications to social structures. Because of them, women have been able to access certain resources and advance their positions in community debates. In other spaces, such as universities, grassroot movements have been key for reporting on inadequate institutional mechanisms. For example, at the Autonomous University of Querétaro, protocols and guidelines in cases of gender violence have reproduced symbolic forms of violence, thus leading to institutional violence against the victims who decide to report such acts. As we show in the final part of this book, institutions and public policies must be accompanied by an active civil society, which can trigger change and work towards better norms and practices. At the same time, it can influence legislative processes, and work at the ground level

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when it comes to policy implementation. For this work to be undertaken and to secure better outcomes for gender equality, civil society must also be professionalized and work in clusters locally, nationally, and internationally. Mexican institutions continue to be highly gendered, with clear norms that advantage men. In some areas, numerical parity has clearly helped women advance and has strengthened women’s abilities to more fully exercise political power. In others, parity is still met with ideology and partisanship. However, when women are organized, they are capable of advancing changes within institutions from below. While no institution is ever entirely perfect, and aspirational rights can also be advocated for, women’s roles and our capacity to organize at the grassroots level have proven to be crucial when aiming to uphold equality in all of its forms and in all areas of life, which is precisely what this book endeavors to show.

References Baldez, L. (2004). Elected bodies: The gender quota law for legislative candidates in Mexico. Legislative Studies Quarterly, 29(2), 231–258. Baldez, L. (2006). The pros and cons of gender quota laws: What happens when you kick men out and let women in? Politics & Gender, 2(1), 102–128. Baldez, L. (2007). Primaries vs. quotas: Gender and candidate nominations in mexico, 2003. Latin American Politics & Society, 49(3), 69–96. Beer, C., & Ai Camp, R. (2016). Democracy, gender quotas, and political recruitment in Mexico. Politics, Groups, and Identities, 4(2), 179–195. https://doi. org/10.1080/21565503.2015.1120223 Bruhn, K. (2003). Whores and lesbians: Political activism, party strategies, and gender quotas in Mexico. Electoral Studies, 22(1), 101–119. Caminotti, M., & Freidenberg, F. (2016). Federalismo electoral, fortaleza de las cuotas de género y representación política de las mujeres en los ámbitos subnacionales en Argentina y México. Revista mexicana de ciencias políticas y sociales , 61(228), 121–144. Consulted September 9, 2021. http://www.scielo.org.mx/scielo.php?script=sci_arttext& pid=S0185-19182016000300121&lng=es&tlng=es Cárdenas, G. (2019). Campañas paritarias en las alcaldías de la Ciudad de México: agenda política de género, desafíos y contrastes. Revista interdisciplinaria de estudios de género de El Colegio de México, 5, e378. Epub February 15, 2020. https://doi.org/10.24201/reg.v5i0.378

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Cárdenas Acosta, G. (2019). El principio de paridad de género y el incremento de las presidentas municipales en México: análisis comparativo del periodo 2005– 2017. Debate feminista, 57 , 83–107. Epub November 20, 2020. https://doi. org/10.22201/cieg.2594066xe.2019.57.06 Contreras Alcántara, J., & Rodríguez Salazar, A. (2019). Los efectos de las cuotas y paridad de género en el nivel subnacional. Una mirada con perspectiva de género a la integración del Congreso del Estado de San Luis Potosí en cinco legislaturas (2003–2018). Revista de El Colegio de San Luis , 9(19), 207–240. Epub November 19, 2020. https://doi.org/10.21696/rcsl9192019888 Fernández Poncela, A. M. (2011). Las cuotas de género y la representación política femenina en México y América Latina. Argumentos (México, D.F.), 24(66), 247–274. Consulted September 9, 2021. http://www.scielo.org. mx/scielo.php?script=sci_arttext&pid=S0187-57952011000200010&lng= es&tlng=es Freidenberg, F., & De Sierra, S. G. (2021). Régimen electoral de género y representación política de las mujeres a nivel subnacional en México. Revista de ciencia política (Santiago), 41(1), 67–101. https://doi.org/10.4067/S0718090X2021005000103 García Fajardo, S., Banderas Miranda, A. E., & Baca Tavira, N. (2020). Experiencia de la paridad y la persistencia de desigualdades de género en el congreso del Estado de México y la Asamblea Legislativa del Distrito Federal. Revista de la Facultad de Ciencias Políticas y Sociales de la UAEMéx, 152. García Méndez, E. (2019). Representación política de las mujeres en los Congresos subnacionales en México. Un modelo de evaluación. Estudios políticos (México) (46), 73–98. Epub May 27, 2020. https://doi.org/10. 22201/fcpys.24484903e.2019.46.68289 Gilas, K., & Pacheco, A. V. (2018). Entre cuotas y violencia de género: Avances y retrocesos en la participación política de las mujeres en México. Hallazgos, 15(29), 185–205. Gilas, K., & Freidenberg, F. (2020). Violencia política en razón de género y armonización legislativa multinivel en México (Working paper 202). Derecho Electoral. Instituto de Investigaciones Jurídicas. https://archivos.juridicas.unam. mx/www/bjv/libros/13/6097/2.pdf. Accessed on September 10, 2021. Girón, A., González Marín, M. L., & Jiménez, A. V. (2008). Breve historia de la participación política de las mujeres en México. In María Luisa González Marin and Patricia Rodríguez López (Eds.), Límites y desigualdades en el empoderamiento de las mujeres en el PAN, PRI y PRD, pp. 33–61. Miguel Ángel Porrúa. Kim, M., & Caseres, G. (2021). Mechanisms to enforce gender quotas and its limitation in Mexico. Journal of Conflict and Integration, 5(1), 4–28.

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Kerevel, Y., & Atkeson, L. R. (2017). Campaigns, descriptive representation, quotas and women’s political engagement in Mexico. Politics, Groups, and Identities, 5(3), 454–477. Kerevel, Y. (2019). Empowering women? Gender quotas and women’s political careers. The Journal of Politics, 81(4), 1167–1180. Libertad Camal-Cheluja, T., & Cadena-Inostroza, C. (2021). Democracia Paritaria y Representación Política de las Mujeres desde la Reglamentación Interna de los Partidos Políticos en México. Trayectorias, 23(52). Peña Molina, B. O. (2005). Sistemas de cuota y masa critica en los gobiernos subnacionales de México. Otras Miradas, 5(1), 0. Consulted September 9, 2021. ISSN: 1317-5904. https://www.redalyc.org/articulo.oa?id=18350103 Piscopo, J. (2016). When informality advantages women: Quota networks, electoral rules and candidate selection in Mexico. Government and Opposition, 51(3), 487–512. Piscopo, J. (2017). Leveraging informality, rewriting formal rules: The implementation of gender parity in Mexico. In G. Waylen (Ed.), Gender and informal institutions (pp. 137–160). Rowman & Littlefield. Reynoso, D., & D’Angelo, N. (2006). Las leyes de cuota y su impacto en la elección de mujeres en México. Política y Gobierno, Xlll (2), 279–313. Consulted September 9, 2021. ISSN: 1665-2037. https://www.redalyc.org/articulo.oa? id=60357734002 Rodriguez, V. (1998). Recasting federalism in Mexico. Publius, 28(1), 235–254. Rodriguez, V. (2003). Women in contemporary Mexican politics. University of Texas Press. Vázquez Correa, L., & Patiño Fierro, M. P. (2020). Violencia política contra las mujeres y paridad de género: De la presencia en el poder a La transformación de la política. http://bibliodigitalibd.senado.gob.mx/bitstream/handle/123 456789/4864/CI_67_DGAL.pdf?sequence=3&isAllowed=y Vidal Correa, F. (2016). Gender stereotypes and patronage practices in women’s careers: A study of the Mexican executive branch. Cogent Social Sciences, 2(1), 1266202. Whitehead, L. (1996). Una transición difícil de alcanzar: la lenta desaparición del gobierno de partido dominante en México. Política y Gobierno, volumen III, número 1, 1er semestre de 1996, pp. 31–59. Wright, A. (2020). Closing the gender gap: Women’s rights in Ethiopia and Mexico. Global Majority E-Journal, 47 . Zetterberg, P. (2008). The downside of gender quotas? Institutional constraints on women in Mexican state legislatures. Parliamentary Affairs, 61(3), 442– 460. https://doi.org/10.1093/pa/gsn016

CHAPTER 2

The Politics of the Subject in the International Legal Framework that Protects Women’s Political Rights Juan Iván Martínez Ortega

Introduction Women can be seen as political subjects that are constructed based on their being (1) objectifiable, (2) subjectifiable, and (3) relational. The first is external to the subject, but in relation to it, and includes laws

The analysis presented in the chapter was carried out within the framework of a larger investigation called “La construcción de las mujeres como sujetos políticos: militantes partidistas, integrantes de Asociaciones Civiles y activistas independientes en Chiapas” carried out to obtain the degree of PhD in Social Sciences by CESMECA/UNICACH in co-supervision with the University of Alicante. J. I. Martínez Ortega (B) College of the Southern Border (ECOSUR), Chiapas, Mexico e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_2

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and institutions that regulate and seek to shape women’s political participation. This chapter, therefore, aims to study this element by reviewing and analyzing the international normative framework on women’s political rights to identify how the female subject is conceived of in these documents. In the course of this framework, different ways of articulating the female political subject were identified, and, as observed in the most recent documents, so-called gendered political violence has become relevant. The methodological strategy followed consisted of first identifying, organizing, and systematizing the object of analysis within the documents included as part of the international legal framework. A total of eight were included; five were from the Organization of American States (OAS), and three from the United Nations (UN). There were two criteria for deciding which documents to include: (1) Explicit protection of women’s political rights and (2) signed by the Mexican government. Both the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) (UN, 1979) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, better known as the Belém do Pará Convention (OAS, 1994) were included because, while they cover a broader range of rights, they also explicitly reference political rights. Having defined, organized, and systematized the documents under study, they were then loaded into a qualitative analysis software called Nvivo 11. They were processed with the following descriptive guiding question: What type of subjects do they describe? From there, inferences and codifications were made, and various invivo categories emerged, which were maintained or, where appropriate, discarded according to their frequency and relevance. Properties and attributes were identified from the most relevant categories, with which it was then possible to describe, synthesize, and interpret each category (Pourtuois & Desmet, 1992). As a result of the above, we found that a politics of the female subject went from an essentialized subject to a socially constructed one, and from an approach that granted rights based on merit to one that recognizes them. In the Spanish versions of the analyzed legislation, we also identified that said politics of the subject is permeated with at least three different ways of conceiving of women. These conceptions include as a monolithic subject, a heterogeneous subject, and the early emergence of

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intersected subject. An entry subject and an exit subject were also identified; that is, an idealization that assumes how women are as a subject and another that indicates how they are expected to be.

The Politics of the Female Subject in the International Legal Framework For Hardt and Negri (2001), globalization processes, in addition to being a concrete reality, are a source for defining law. In other words, they reveal a design and production of norms and legal instruments of control, coercion, and pressure that guide State action: … the notion of right defined by the U. N. Charter also points toward a new positive source of juridical production, effective on a global scale – a new center of normative production that can play a sovereign juridical role. The U. N. functions as a hinge in the genealogy from international to global juridical structures. (Hardt & Negri, 2001, p. 4)

According to these authors, for the legal system to function as an organic whole, it must not only contain legal categories, but also make them work together with ethical values that are universal, or at least aspire to be so. They claim, in fact, that legal systems are the crystallization of a specific set of values. However, “the problem of the new juridical apparatus is presented to us in its most immediate figure: a global order, a justice, and a right that are still virtual but nonetheless apply actually to us” (Hardt & Negri, 2001, p. 19). They function and are applied because they rest on a whole structural and institutional apparatus that materializes (or tries to) ideas in the world and from subjects that are embodied in the legal documents produced in centers of power like the UN and the OAS; a new institutional design is created for each relationship of power (Vilas, 2002). That is why we can assume that, explicitly or not, intentions, strategies, action plans, and an entire institutional framework lie behind the building and prescription of a certain type of female political subject, which is reflected and implemented in the laws that establish their political rights, in short, a politics of the subject. According to Gerard Vilar (1999), theoretical and modern philosophy have approached the notion of the subject in three different stages: (a) Constitution of the normative category of subject, (b) De-centralism

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of the subject, and (c) Reconstruction and rehabilitation of normative subjectivity. Concepts such as freedom, autonomy, equality, and rights back the first and third stages; the second involves a critique of the conception of the autonomous subject and, according to the author, includes attempts to undermine the subject. Representative thinkers in this stage include Hegel, Marx, Adorno, Foucault, and Derrida. Starting from an analysis of the legal framework surrounding women’s political rights, we see that the female subject contained in these documents is idealized from a normative approach. According to Gustavo Pereira (2014), idealizations anticipate the version of the subject that one aspires to build, and then determine both the design of social policies and their evaluation. Under this argument, a subject that is thought of as a point of arrival is first formulated and, from there, strategies are put into place to reach that point. The normative approach offers a view of how the world should be, establishes desirable situations, and is interested in promoting norms understood as values, which are prescriptive. Based on “what should be” as opposed to “what is,” it seeks to discover moral concepts and apply them in the field of social relations. Thus, it focuses on values and the repercussions that they have in the practice of politics; liberal ideas predominate in its conception of the State and politics (Stoker, 2010). This approach is evaluative when it favors assessing a given situation, and prescriptive when it acquires an instrumental character and becomes interested in the most appropriate methods for achieving a desired situation (Stoker, 2010). These characteristics are not opposed; in fact, it can first have an evaluative quality and later a prescriptive one. Upon review, the legal framework studied clearly seems to evaluate and establish what women’s situation and condition should be, as well as the mechanisms that governments should implement to reach a desirable situation. As the normative body became stronger and more sophisticated, it went from presenting an essentialized subject to a socially constructed one, and from an approach that grants rights based on merit to one that recognizes them.

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From Essentialism to Constructivism in Twentieth-Century Legislation The Inter-American Convention on the Granting of Political Rights to Women (ICGPRW) contains statements like the following “Considering… That the majority of the American Republics, inspired by lofty principles of justice, have granted political rights to women; That women have the right to political treatment on the basis of equality with men; That long before the women of America demanded their rights they were able to carry out nobly all their responsibilities side by side with men…” (OAS, 1948). It is striking that women’s rights were granted, but not recognized and the benchmark for equality is men. Women were granted rights because they previously fulfilled their responsibilities “as a woman.” The United Nations General Assembly opened up the Convention on the Political Rights of Women (CPRW) for signature in March 1953. This document does not manifest an androcentric reference upon trying to equate women and men; on the contrary, it indicates that conditions for the exercise of political rights must be equal for both men and women. In this way, articles I, II, and III establish that women have the right to vote, to be eligible for and to hold public office “on equal terms with men, without any discrimination” (UN, 1953). This point is important because the burden of responsibility no longer falls on women; rather than being expected to make themselves equal to men, governments must guarantee equal conditions for the exercise of political rights. Likewise, in the CPRW, the contracting parties, that is, the State parties, recognize (instead of grant) women’s political rights: “Recognizing that everyone has the right to take part in the government of his country directly or indirectly through freely chosen representatives, and has the right to equal access to public service in his country…” (UN, 1953). The fact of granting versus recognizing rights has been a broad debate not only in terms of women, but in general for all subjects of law. In fact, the 2011 Mexican constitutional reform on the matter of human rights went from granting rights to recognizing them. This goes beyond just a superficial use of language since the latter assumes that rights are inherent to people and the State’s role is limited to recognizing something that already belongs to the subject.

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Beyond the debate between iuspositivismo and iusnaturalismo… as of postWWII, a current of thought has been affirmed that places human dignity at the center of legal discourse, but conceives of it beyond norms. It is based on the idea that human dignity is prior to and superior to any legal system, such that no legal provision can wipe it out. (Carbonell, 2013, p. 30)

Although this current of thought took off in the period mentioned by the author, it only materialized in legal systems decades later, until 2011 in Mexico as indicated. However, it is important to locate this “concession” of political rights to women because it speaks to the paradigm that dominated regarding their advancement and how they were idealized as a subject to whom rights were granted based on their realized merits, rather than because they were thought to have inherent dignity and rights that are prior and superior to the State and the laws; although, as already mentioned, this was the case for people in general at the time, and not just applied to the case of women. Regarding the statement from the Inter-American Convention on the Granting of Political Rights to Women (OAS, 1948) that indicates “That women have the right to political treatment on the basis of equality with men,” as mentioned, an androcentric reference is present. In other words, it indicates that the aim is for women to achieve the status that men have in society, rather than to bring men and women into a new state of affairs in which both have the same value as persons. It seeks to leave men where they are and bring women to that point. For many centuries, legislation was exclusively for men, and women were an add-on; beginning in the second half of the last century legislation started to be passed for women, but it did not cease to “other” them, as observed in the Inter-American Convention on the Granting of Political Rights to Women. It was not until the beginning of this century that we began to see increasingly progressive and sophisticated legal frameworks that refer to women in government legislation, programs, and actions using the so-called gender mainstreaming perspective. “Women” are “granted” rights based not on being a subject of inherent rights, but because they complied with what “nature” commands of them—they were “able to carry out nobly all their responsibilities side by side with men.” In addition to raising a meritorious aspect of rights, women are implicitly essentialized; they can demand rights as long as

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they do not cease doing what they have to do, namely being selfless, accompanying men, and not abandoning their feminine essence. At the global level, in 1979, the United Nations adopted the Convention on the Elimination of all forms of Discrimination against Women (CEDAW), a highly relevant document that has come to be considered the Magna Carta of women’s rights “because it is the first international instrument that includes all of women’s human rights, either explicitly or implicitly, by prohibiting all forms of discrimination based on sex” (Medina, 2010, p. 34). Indeed, CEDAW was a watershed document in terms of the advancement of women as subjects of law; it was an advanced Convention that put women at the center and legislated for them. There is an evident paradigmatic and epistemological change in terms of understanding women’s situation and condition in the world: Bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole… Aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women. (UN, 1979)

While the Inter-American Convention on the Granting of Political Rights to Women essentialized women, the CEDAW takes a constructivist turn by questioning their “traditional role.” Regarding the equality that is pursued, men continue to be the benchmark; indeed, one of the commitments that signatory countries sign on to pertains to “establish[ing] legal protection of the rights of women on an equal basis with men” (UN, 1979). Regarding whether CEDAW recognizes or grants rights to women, a confluence of both paradigms can be observed. As such, Article 9 states that the States are the ones who grant the rights: “ARTICLE 9. 1.- States Parties shall grant women equal rights with men to acquire, change or retain their nationality 2. States Parties shall grant women equal rights with men with respect to the nationality of their children” (UN, 1979).

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However, later in article 15, the recognition of women’s rights on the part of the State is discussed: ARTICLE 15. 1. States Parties shall accord to women equality with men before the law. 2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals…

Meanwhile, Article 24 explicitly recognizes rights: ARTICLE 24. States Parties undertake to adopt all necessary measures at the national level aimed at achieving the full realization of the rights recognized in the present Convention. (UN, 1979)

Although modernity brought with it the ideas of freedom and equality, this did not apply in the case of women; for example, civil codes from after the liberal French Revolution subjected women to the dominion of the figure of the father, husband, or even male children; hence, women were de facto considered to be eternal minors under the guardianship of male family members. They lacked the ability to sign any kind of contract and were forbade self-representation. In the final quarter of the last century, some countries still maintained an inferior legal status for women; thus, the fact that CEDAW committed signatory countries to recognizing women’s legal equality and capacity for self-determination was not a minor achievement. It moved women, at least on paper, from a dependent subject to an autarkic one. In 1994, again at the continental level, OAS member states signed the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, better known as the Belém do Pará Convention. Although it does not exclusively deal with women’s political rights, it does include them. For example, Article 3 states that every woman has “the right to be free from violence in both the public and private spheres;” more specifically, article 4, subsection j establishes “equal access to the public service of her country and to take part in the conduct of public affairs, including decision-making.” Like CEDAW, the Belém do Pará Convention maintains a constructivist approach regarding the role that women have played in history;

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in other words, it recognizes longstanding asymmetries of power, and does not manifest a supposed female essence: “Concerned that violence against women is an offense against human dignity and a manifestation of the historically unequal power relations between women and men” (OAS, 1994). In line with this, article 6 indicates women’s right to be valued and educated free from “stereotyped patterns of behavior and social and cultural practices based on concepts of inferiority or subordination” (OAS, 1994). The convention recognizes, rather than grants, rights inherent to women; Article 4 states that, “Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments.” Thus, this Convention also recognizes women as subjects of rights.

Spanish Versions: From a Monolithic to a Heterogeneous Subject The articles from conventions signed in the twentieth century by both United Nations-affiliated countries (CPRW in 1953 and CEDAW in 1979) and those signed by members of the Organization of American States (ICGPRW in 1948 and Belém do Pará in 1994) are published in each organization’s official languages, all of which are considered equally authentic; however, this does not seem to imply that their meaning is identical, although perhaps it should be. This chapter was originally written in Spanish and, upon translation, an interesting point regarding these conventions became clear, namely the Spanish and English versions diverge when using the singular “woman” and plural “women.” The English versions of these four conventions use the plural, while the singular is used in the four Spanish versions. This fact, ostensibly trivial, may hold greater significance. Let us examine further. Although the ICGPRW’s Spanish version (OAS, 1948) mentions women in the plural on a couple of occasions, in the title and other parts of the text, its use of woman in the singular form as the subject stands out. According to Teresita de Barbieri, the use of the singular form is not irrelevant “since woman refers to a unique feminine essence (the eternal feminine) that is ahistorical and has both biological and metaphysical roots. As such, ‘women’ expresses the diversity and historicity of situations in which women find themselves” (De Barbieri, 1993, p. 148).

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This means that talking about a singular “woman” has epistemological implications and involves conceiving of a single and monolithic model of womanhood in which everything that pertains to the singular “woman” is encased. It does not leave room for a diversity of situations and conditions since all women in the world are, or should be, the singular “woman.” Postulating a singular “woman subject” is like relying on the history of man to refer to the history of humanity; it involves idealizing a supposed essence and nature that runs through all women, making them “into the singular woman” in such a way that all women end up being identical and belonging to the sphere of indescribability (Amorós, 1994). The title of the CEDAW’s Spanish version (UN, 1979) uses the singular and, although the body of the text employs the plural form, the monolithic female subject is not completely replaced by the heterogeneous one, since both converge throughout the Convention. As far as the type of subject that the Spanish version of the Belém do Pará Convention advances, although on a couple of occasions it mentions women in the plural, it mostly and principally maintains a unitary or monolithic subject as follows from Article 1: “For the purposes of this Convention, violence against [woman] shall be understood as any act or conduct, based on gender, which causes death or physical, sexual or psychological harm or suffering to [woman] whether in the public or the private sphere” (OAS, 1994).1 The United Nations General Assembly opened up the Convention on the Political Rights of Women (CPRW) for signature in March 1953. Interestingly, only five years had passed since the ICGPRW and the CEDAW would not be signed for another quarter century, while the Belém Do Pará Convention was still 41 years out. However, unlike the other three documents, the CPRW’s Spanish version only speaks of a monolithic female subject on a couple of occasions, including in the title; all other expressions refer to women in the plural. This convention’s Spanish version, which additionally and explicitly recognizes women as subjects of political rights, was paradigmatically more advanced than the Spanish versions of the CEDAW or Belém Do Pará Convention, which were formulated 26 and 41 years later respectively. This does not imply ignoring the latter’s importance; on the contrary, as mentioned, they constitute Magna Cartas of women’s rights 1 [Woman] replaces [women] to reflect the use of the singular form in the Spanish version.

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at the global and continental levels. Yet, the subject announced in the CPRW is heterogeneous rather than monolithic, although this point is not as explicit as it is in the documents mentioned below.

The Subject of Women in Twentieth-Century Legislation Fast-forwarding half a century, starting in 2007 at the continental level, documents that explicitly address the political rights of women began to establish a more heterogeneous subject since both the texts in English and Spanish began to use the plural, thus leaving behind inconsistencies between official translations. From then until 2016, four relevant documents on the matter stand out: • 2007: Quito Consensus (UN/ECLAC) • 2010: Declaration of the Inter-American Year of Women “Women and Power: For a World with Equality” (OAS) • 2015: Declaration on political harassment and violence against women (OAS) • 2016: Inter-American Model Law on the Prevention, Punishment and Eradication of Violence against Women in Political Life (OAS). One of the central themes in the Quito Consensus pertains to political participation and gender parity in decision-making processes at all levels. In this framework, the enunciated subject is no longer the unitary or monolithic woman; the subject opens and expands, recognizing that the content’s population is diverse, multicultural, and bilingual. In this way, it makes visible and recognizes the rights of women in different situations and conditions, such as rural and peasant women, girls, adolescents, poor women, indigenous, undocumented, Afro-descendant, and disabled women. In fact, it establishes that political parties should incorporate women’s agendas in all their diversity (UN/ECLAC, 2007). The subject’s reference is no longer “man” and the document even reflects that, “sexist language needs to be eliminated in all national, regional and international reports, statements and documents” (UN/ECLAC, 2007). The equality postulated therein is not androcentric like it is in the Inter-American Convention on the Granting of Political

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Rights to Women in the Americas; rather, it speaks of equal access to resources between the genders and of equalizing conditions for women to fully exercise their political rights, which the Quito Consensus recognizes, rather than grants. The model of a woman who deserves rights because she nobly fulfills her responsibilities as a man’s partner is also absent and a model; rather, it contains a model of men and women’s shared responsibility and relationships of mutual support in the family and public sphere. Hence, it highlights as its horizon women’s autonomy and full citizenship. The subject articulated in the Declaration of the Inter-American Year of Women “Women and Power: For a World with Equality” (OAS, 2010) is in tune with the one that appears in the Quito Consensus, although is not quite as robust. There, women’s rights are recognized instead of being granted and the importance of diversity and multiculturalism is emphasized, mainly shedding light on indigenous and Afro-descendant women. It states that women face structural barriers in the exercise of political citizenship and promotes their empowerment and equal treatment between women and men to achieve effective equality between the genders. A model of shared responsibility and work-life balance is also proposed to expand the possibility of women’s participation in the public sphere, to enhance their ability to exercise leadership, and to receive political negotiation. The Declaration on political harassment and violence against women (OAS, 2015) is in tune with the previously discussed documents, but it is not as meticulous as the Quito Consensus since it maintains the plural, heterogeneous female subject, but is not specific when listing women according to social indicators. Its reference to equality is not androcentric since it speaks of the right to participate in political and public affairs under conditions of equality with men and of both gender’s equal access in all institutions. This Declaration recognizes women as political subjects and sees women as having complete autonomy and independence. The Inter-American Model Law on the Prevention, Punishment and Eradication of Violence against Women in Political Life (OAS, 2016), which was proposed by the Follow-up Mechanism of the Belém do Pará Convention’s Committee of Experts, is in line with the previous documents reviewed in this subsection. That is, it enunciates women as political subjects because it speaks of the recognition of political rights, instead of granting them. Likewise, “man” is not the benchmark of equality; rather, it details the equality of conditions in which men and

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women should participate in the political sphere. It also recognizes that, at present, women continue to face multiple economic, social and cultural obstacles that limit their participation in public life. Regarding the type of subject that this model law establishes, although its explanatory memorandum suggests an intersected subject, the truth is that, in the articles, specifically in article 7.2, a multiple, diverse or heterogeneous one comes through. In other words, it states that rights recognized in the law will be respected and guaranteed to all women: “… regardless of race, ethnicity, color, sex, sexual orientation, gender identity, language, religion, political or other opinion, national or social origin, property, birth or other status” (OAS, 2016). The law contains a horizon of substantive equality and non-discrimination on the basis of gender, the parity of men and women in public and political life, and the autonomy of women. In short, it is an advanced model law that recognizes a contemporary problem, making its object to “take all appropriate measures to eliminate discrimination against women in the political and public life of their countries and, in particular, to guarantee the exercise of political rights on equal terms with men” (OAS, 2016). Hence, it enumerates the political rights it recognizes, provides a definition of political violence against women, indicates the areas and manifestations where this type of violence is found, as well as offers guiding principles and responsibilities on the part of competent bodies for the application of the law, of political parties, and of the media; it enumerates guarantees and protection measures, crimes, penalties, and sanctions against those who exercise violence, as well as reparation measures to guarantee victims’ rights. In other words, it is a fairly complete model law. Given that the previous paragraphs, particularly the Spanish versions thereof, reveal a transition from a monolithic, unitary subject to a heterogeneous or diverse one in international protocols, and that there has been a similar transition in women and gender studies, as well as in the political subjects of feminist movements, it might be expected that more recent documents idealize an intersected subject. However, the documents reviewed did not contain a clearly stated intersected subject except for a small reference in the explanatory memorandum of the Model Law that mentions “the vulnerability that women may suffer from the intersection of gender with other factors of inequality” (OAS, 2016). This consideration is not further reflected in the articles.

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An Entry and Exit Subject When reviewing the legal framework that protects the political rights of women on an international scale, regardless of whether they articulate a monolithic, heterogeneous, or intersected subject, we can identify another element of interest. Namely, said subject is articulated in two senses: On the one hand, a consistent consideration of the subject as the one in existence and, on the other, a subject that is seen as an aspiration to reach. The latter refers to what the subject “ought to be,” which is characteristic of the normative approach. As mentioned, according to Pereira (2014), every time we think up or imagine subjects or groups, we idealize them with certain characteristics and with (or without) certain possibilities. Hence, possibilities identified in what we call here the entry subject are restricted compared to the exit subject. In the ICGPRW (OAS, 1948), the entry subject deserves rights because “they were able to carry out nobly all their responsibilities,” CEDAW (UN, 1979) indicates that she contributes to the well-being of the family and to the development of society, but this contribution is not recognized. It admits that women are discriminated against and excluded, that there are stereotypes and ideas about her inferiority in the political, economic, social, cultural, and civil spheres. The Belém Do Pará Convention (1994) contains a subject who is infringed upon and, because of this, cannot fully exercise her rights and freedoms; it recognizes that, due to historically unequal power relations, the violence that is exerted on this subject transcends her class, race or ethnic group, culture, religion, etc. The Quito Consensus (UN/ECLAC, 2007) recognizes the entry subject for her contributions to strengthening democracy, gender equality, development, as well as the social and economic value of unpaid domestic work, of agricultural work by rural and peasant women, and of the productive and reproductive work of women in all its form. It also recognizes that inequalities, injustices, and structural and symbolic violence affect women in the family, work, political, and community spheres, which impedes women’s autonomy and their full participation in decisionmaking. The Declaration on Political Harassment and Violence Against Women (OAS, 2015) proposes an entry subject without recognition as a political subject and discouraged from exercising rights and, in some cases, from continuing with a political career because of the political violence and

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harassment she faces. In line with the previous document, the Model Law (OAS, 2016) recognizes a subject infringed upon based on gender, which prevents her from contributing to decision-making that impacts life; her options are thus restricted and her capacity to influence political life is limited. The Convention on the Political Rights of Women (UN, 1953) deserves a separate mention because, rather than differentiating an entry subject from an exit subject, it simply mentions a subject with rights. This does not imply that it circumvents the normative nature of its assertions since it does not transcend its “ought to be” nature; hence, it proposes a subject that consists in women eligible for all public organizations and with the right to hold public office. More specifically, the exit subject found in the regulatory framework from the documents reviewed is basically coincidence. She is a subject who enjoys and exercises her political rights (OAS, 1948), is eligible for and has the right to vote and participate in the government of her country (UN, 1953) with full equality. She is not discriminated against in public and political life, shares public and private responsibilities equally with men (UN, 1979), participates fully and equally in all spheres of life, has the right to a life free of violence in the public and private spheres, is educated without stereotypes and beliefs related to inferiority or subordination (OAS, 1994). As a subject, her work is valued and she is equally capable of exercising power with equal, plural, and multicultural inclusion, with political leadership, without salary gaps; she exercises her sexual and reproductive rights within relationships of mutual support between men and women (UN/ECLAC, 2007). She has autonomy, independence, and substantive gender equality (OAS, 2015), participating equally in all spaces and functions of public life (OAS, 2016). In short, this exit subject is free, autonomous, and independent. In Vilar’s terms (1999), she corresponds to the constitution of a normative category for the subject or its reconstruction. In more general terms, she is a subject that coincides with what Chantal Mouffe (1993) calls the deontological or rights-based paradigm.

Discussion The politics of women as a subject identified in the international legal framework that protects their political rights has undergone significant changes in the last three quarters of a century. It has shifted from

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an approach that essentialized women and granted rights based on merit associated with a supposed feminine essence to a constructivist approach that recognizes rights and historical inequalities between men and women. In the Spanish versions of the analyzed documents, a transition from a monolithic subject to a heterogeneous one, and then to an intersected one is clearly identifiable. Although the latter has not yet been consolidated, in the future, it is not unreasonable to expect its more regular appearance in the international legal framework, as has already happened in academia, for example. Another transition identified herein corresponds to legislation’s use of androcentric references that grant rights to women, to specific legislation for women that recognizes their rights as inherent. The politics of women as a subject includes an entry and exit subject; they can be opposed and, while the former indicates what the existing subject is like, the latter reveals the idealized and normative subject that we aspire to construct. Beyond the normative “ought to be,” legal frameworks fulfill the function of prescribing certain types of subjects, not just with assertions, but also with obligations that signatory states take on. These frameworks are accompanied by instruments and institutional designs that guide countries’ internal policies, for example, with optional protocols, commissions, committees, general recommendations, among other elements. In other words, the idea of a certain type of subject is proposed on a global level, it is registered in the law and an entire institutional machinery is set in motion to materialize that idea. Laws, whether they grant or recognize rights, shape the previously idealized subject; they are productive and, although not absolute, are certainly prescriptive. The law prescribes what citizens, public officials, and candidates should be like and those who intend to access one of those categories must comply with a series of requirements, obligations, and prohibitions; that is, they have to adjust or conform to what the law dictates. However, although legal systems are said to produce subjects they later represent (Butler, 1990), if one looks at the history of feminist movements, particularly recent liberal ones, and activism against so-called gender-based political violence, it is possible to state that, although norms and laws are prescriptive, they do not prescribe in a void. A prior subject over which an apparently productive action is implemented exists; laws

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can articulate and hide the prior subject, but they do not make it disappear. This is so much so that some feminist demands did not disappear from the everyday feminist subjects (so to speak) when they were brought into legal frameworks and institutionalized. A discursive formulation, be it legal, scientific, or moral, does not automatically produce realities and subjects; still, we must identify what encourages some discourses, even if not on their own, to contribute to that production. This implies establishing approaches at different analytical levels. One of them corresponds to a previously mentioned level, i.e., one that is objectifiable or external to the subject. No matter how rational its formulation or idealization may be, it rarely operates or materializes with the rationality with which it was conceived since the contexts in which it operates are diverse, historical, and situated. Thus, comparing idealized, preconceived, or preconstructed subjects in legal and discursive frameworks with flesh and blood subjects who participate in political activity remains a pending task. Indeed, the latter female subjects act in those frameworks and construct their subjectivities in relation to them rather than with them alone. For this reason, on a second level of analysis, we must ask after the subjective element related to the practices, meanings, and resistances in female subjects’ daily experiences, precisely where they meet and engage in politics. Likewise, we must examine a third level of analysis, connecting the objectifiable with the subjectivized; that is, a relational and interactional element between structures, normative discourses, and subjects, as well as between subjects and other subjects. Considering the arguments examined herein, we are likely to find tension or even contradiction between the formal normative project directed toward women as political subjects and the material, subjective and concrete condition of women who participate in politics in contexts like those found in the global south. In the case of Central and South America, this tension is seen in increasing relevance of inter-American legislation on violence against women engaged in political activity, sometimes defined as gender-based political violence. Although there have been legislative advances when it comes to women’s political rights and an exit subject who exercises those rights has been devised, sustained violence against women in politics indicates that the road to materializing that subject is still long.

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References Amorós, C. (1994). Feminismo: Igualdad y diferencia. PUEG/UNAM. Butler, J. (1990). Gender trouble. Feminism and the subversion of identity. Routledge. Carbonell, M. (2013). Derechos humanos en la Constitución mexicana. IIJUNAM/SCJN/Fundación Konrad Adenauer. De Barbieri, T. (1993). “Sobre la categoríagénero: una introducción teóricometodológica”. Debates en sociología (18), 145–169. Hardt, M., & Negri, A. (2001). Empire. Harvard University Press. Medina, A. (2010). La participación política de las mujeres. De las cuotas de género a la paridad. CEAMEG. Mouffe, C. (1993). The return of the political. Verso. Pereira, G. (2014). El espacio normativo de la autonomía como realización de la igualdad. CEPAL. Pourtois, J. P., & Desmet, H. (1992). Epistemología e instrumentación en ciencias humanas. Herder. Stoker, G. (2010). Introduction to part 1. In D. Marsh & G. Stoker (Eds.), Theory and methods in political science (pp. 15–22). Palgrave Macmillan. Vilar, G. (1999). La constitución narrativa de la subjetividad moral. Enrahonar: An international Journal of Theoretical and Practical Reason (30), 397–404. Vilas, C. (2002). Estado y mercado en la globalización: la reformulación de las relaciones entre política y economía. Revista Sociología Política Curitiba, 14, 29–49.

Regulatory Framework OAS. (1948, May 2). Inter-American Convention on the Granting of Political Rights to Women. https://www.oas.org/juridico/english/treaties/a-44.html OAS. (1994, June 9). Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women “Convention of Belem Do Para”. https://www.oas.org/juridico/english/treaties/a-61.html OAS. (2010, November 4). Declaration of the Inter-American year of Women “Women and Power: For a World of Equality”. https://www.oas.org/en/cim/ docs/AoD35-Dec10.10[EN].pdf OAS. (2015, October 15). Declaration on Political Harassment and Violence against Women. http://www.oas.org/en/mesecvi/docs/Declaracion-ENG. pdf OAS. (2016, October). Inter-American Model Law On the Prevention, Punishment and Eradication of Violence Against Women in Political Life https:// www.oas.org/en/mesecvi/docs/LeyModeloViolenciaPolitica-EN.pdf

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UN. (1953, March 31). Convention on the Political Rights of Women. https:// treaties.un.org/doc/Treaties/1954/07/19540707%2000-40%20AM/Ch_ XVI_1p.pdf UN. (1979, December 18). Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). https://www.ohchr.org/EN/Pro fessionalInterest/Pages/CEDAW.aspx UN/ECLAC. (2007, August 14). Quito Consensus. https://repositorio.cepal. org/bitstream/handle/11362/41345/Quito_Consensus_en.pdf?sequence= 1&isAllowed=y

CHAPTER 3

Dialogic Feminisms: A Methodological Approach Toward Guaranteeing the Rights Articulated in Constitutional Regimes Eunice Arias Arias

Introduction Gender inequalities are exploited in favor of elites that benefit from their position in the capitalist system, starting from the subsumption of women at the service of schemes that replicate class and gender exclusion. Our androcentric, Eurocentric, and white-centric system benefits from exclusion and class fragmentation since it facilitates subordination schemes in favor of elites. These schemes reproduce schemes of gender exploitation against women, highlighting processes of bodily appropriation that originate in the existing social pact configured in a gender order in which women are economically and socially undervalued. Explanations of how the bodily dimension is associated with inequalities have been widely explained by ecofeminism, for example. Scholars such as María Eugenia Rodríguez Palop and Amaia Pérez Orozco clarify

E. Arias Arias (B) National Autonomous University of Mexico (UNAM), Mexico City, Mexico

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_3

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the ecofeminist explanation, in addition to questioning economic androcentrism, which has divided jobs and the economy based on sex, and which heavily relies on unpaid labor assigned to women. To overcome this capital-life conflict, we must recognize that we are dependent on nature, and place life at the center of the State’s priorities. Feminist economics is a postulate worth taking interest in since it affirms that capitalism and patriarchy are closely related and cannot be understood separately, giving rise to a heteropatriarchal capitalist system that exalts the accumulation of capital at the cost of exploitation, which, as Professor Laura Gómez argues, is the newest expression of patriarchy. In Capital, Marx stated that the “value of labor” was originally equated with the value of the product of that labor. At present, however, the value of that product has decreased due to the feminization of working conditions, that is, the inclusion of more women in the labor force at the cost of making wages more precarious and extending working hours. It is important to understand that the very configuration of the State is based on a patriarchal social pact that has relegated women to the private sphere, and confined them to that space, while making them dependent on men. Ecofeminist theories, led by theorists like Ariel Salleh and Vandana Shiva, critique the dominant economic model in so far as it propagates exploitative practices, equating nature with the female body (Valencia, 2008). In this regard, and without seeking to be essentialist, there is a clear relationship between ecofeminist Marxist conceptions and the reproduction of gender exploitation committed against women and nature, highlighting the processes of appropriation of natural resources and environmental degradation that Valencia details (2008), which victimize rural women and poor families who subsist in their relationship with nature. I insist, along with authors such as Herrero (2019), that some dualisms legitimize a culture of domination over bodies and nature. Herrero argues that the Western model was built on the idea of male dominance over women, and human dominance over nature. This “culture of domination” (Herrero, 2019) has legitimized exploitation based on dichotomies established in unequal hierarchies. Another author, Lagarde, identifies both direct and indirect causes that explain the violation of women’s human rights. Direct causes are understood as immediate causes of the observed problem (Chevalier & Buckles, 2009), while indirect ones correspond to those of greater depth with a structural element (Chevalier & Buckles, 2009). The direct causes that she details include the following:

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• A lack of respect for women’s completeness in the public-private spheres, a product of institutional simulation on the part of the State Likewise, she mentions the following as part of the related indirect causes: • The capitalist model, which she describes as a predator, rather than a preserver of life • A lack of synergistic dialogue between men and women, a product of modern androcentric, Eurocentric, and supremacist views. These three causes, irrespective of the level at which they are found, intersect with one another, and produce deep social fragmentation where women are dehumanized and excluded from decision-making. Faced with this exclusion, Mexican democracy is neither plural nor participatory since women’s rights have been “skimped by patriarchal powers” (Lagarde, 2014), and decision-making about women’s lives has excluded women themselves, as well as their needs. The very laws that supposedly represent a substantive advance toward guaranteeing the right to equality before the law have not managed to alter gender relations or to eliminate hierarchies and inequalities. Rather, we have egalitarian rhetoric from which capitalist elites benefit politically.

Dialogue Between Men and Women Faced with this scenario, Marcela Lagarde (2014) proposes the establishment of a synergistic dialogue between men and women that clearly aims to articulate views and actions in search of overcoming fragmentation and exclusion. The search for equality before the law must recognize difference and generic specificity, and only seek the legal assessment of these differences. Ferrajoli’s model based on the legal configuration of legal assessment of differences looks to the normative principle of equality found in fundamental rights and, at the same time, to a system of guarantees capable of ensuring its effectiveness. That is, it guarantees everyone their free affirmation and development, and recognizes people’s differences and identities as the basis of individual autonomy (Ferrajoli, 1999). According to Lagarde’s account, the integration of these same differences through synergistic dialogue may help overcome fragmentation, as well as promote development with an equitable social direction toward a social, political, plural, dialogic, and participatory democracy.

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The condition of citizenship, as well as the human condition itself, must be understood and defined based on the inescapable foundation of the substantive equality of generic specificity (Lagarde, 2014). According to Lagarde, the political and economic system’s agenda must primarily focus on the search for plural and participatory equality, which, by definition, would disrupt gender relations and eliminate hierarchies, inequalities, and discrimination. According to Herrero (2019), feminist thought warns of sex-generic binary associations, which eventually lead to separate worlds between men and women. To better understand how social categories are configured and power is reproduced in the public sphere we must analyze institutions’ informal rules, which a variety of authors from the feminist-institutionalism tradition explain. a. Feminine and masculine categories invariably establish hierarchies and relations of domination b. Gender is configured in institutions through institutional structures and by way of opportunities assigned based on gender (Kenney, 1996). In other words, the origin of inequality centers on theoretical conceptions of the female body and nature, and social relations are perpetuated through institutionalizing the interaction between these assigned hierarchies, which also respond with inertia to the capitalist model that devalues the unpaid labor to which women are traditionally confined. A variety of authors question economic androcentrism (RodríguezPalop, Pérez Orozco, and Lagarde, among others) since it has divided jobs and the economy based on sex, and heavily relies on women’s unpaid labor. To overcome this capital-life conflict, we must recognize that we are dependent on nature, and place life at the center of the State’s priorities. Here, the capital-life conflict refers to a capitalist predatory system that puts human life at the service of the economy, as Lagarde (2014) mentions. As Marx (1975) warned in Capital, the “value of labor” was originally equated with the value of the product of that labor (while also observing inequalities among the working class), but the value of that product has decreased today since working conditions have been feminized, that is,

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they have worsened to include more women at the cost of making wages more precarious and extending working hours. In this regard, Nancy Fraser (2009) argues that economic redistribution, which causes economic dependence, perpetuates the problem of inequality; thereby, women obtain less social recognition, stereotyping gender in a negative way. In their book Gender Stereotyping, Cook and Cusack (2011) reiterate that stereotypes have perpetuated existing inequalities. This diagnosis must be enumerated in public actions. Boaventura de Souza’s slogan (2006)—that a theory without action is useless and an action without theory is blind—invites us to translate this proposal into concrete actions that deconstruct the patriarchy. But what can be done in the face of all of this, knowing the origin of the public problem? Based on a Marxist-feminist analysis of the State, I propose analyzing the case of Mexico considering the following assumptions: 1. Recognizing women’s role institutionally and economically, as well as their contribution to sustaining the economy. According to data from the Gender, Institutions and Development Database 2019 (GID-DB) of the Organization for Economic Co-operation and Development (OECD), women in Latin America and the Caribbean work three times more than men in unpaid care jobs, thus allowing men to work in the public sphere and sustaining the private sphere (OECD, 2019). 2. I postulate that reinventing the State cannot start from the ideas that currently undergird the system since its capital pact treats women as residual externalities. For this, it is necessary to make the capital-life conflict visible, and to design public policies that center on care for life. 3. Economic growth cannot be achieved at the expense of exploitative practices, which is why the feminist perspective must be reformist. Feminism today leads the class struggle in the world and, in Latin America, represents a common front against the extreme right, as Rodríguez-Palop argues (2019). 4. As Herrero (2019) warns, a culture of emancipation and nondomination requires a careful review of myths that are based on a dichotomous understanding in our cultural heritage. It seems that humanity has always wanted to prescribe, through normative views of nature, the causal relationships that eventually determine social

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structures. The collective imagination continues to function under the logic of domination over nature (Herrero, 2019). In Latin America and the Caribbean, States must stop appropriating women’s bodies. Institutional recognition of femicides and obstetric violence is essential for generating minimum conditions of inclusion. We must recognize that our species and culture are not separate from the rest of the living world. As Herrero (2019, p. 79) mentions, physical limitations and vulnerability have been ignored based on natural goods and cycles that have served as the basis for economic, financial, legislative, ethical, and religious systems. Culture and social organization can only be maintained when we internalize and understand our actions in the world, repositioning ourselves as a species and establishing different relationships that allow us to rebuild what has been lost and to understand ourselves as eco-dependent beings. In other words, we must recognize the value of our interdependence with nature and with other human beings. Likewise, we must recognize that we all depend physically and emotionally on the work and dedication of others. Accepting interdependence means that society as a whole must take responsibility for well-being and social reproduction (Herrero, 2019, p. 101). By accepting this concept, the notion of work is broadened, elevating it to a relationship with nature and other people. In addition to living embedded in nature, human beings are embodied in vulnerable, contingent, and finite bodies (Herrero, 2019, p. 83). As Herrero points out (2019, p. 104), putting life at the center of experience also implies being aware of birth, growth, and death not just as it relates to human beings, but also as it relates to the ecosystem and biodiversity. In other words, understanding fragility is intrinsically related to interdependence and cooperation; the human body is finite and cannot be abstracted from natural processes or from interaction with other human and non-human beings. Likewise, recognizing our fragility leads us to recognize that of others, as well as of nature. On the other hand, human beings cannot be indifferent to one another if we want to build a society or community worthy of the name. Returning to Herrero (2019, p. 104), transforming the productive system also means understanding the value of reciprocity and mutual support, that is, assimilating the concept of cooperation. This involves stimulating forms of rationality that favor mutually supportive relationships between

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human beings and the earth or, in other words, thinking about alternative frameworks centered on the ethics of reciprocity, radical democracy, and inclusive cooperation (Herrero, 2019, p. 105). Such a shift would transform the concept of work and enrich our effort with our peers. As Herrero (2019) affirms, the currently hegemonic, conventional economy is heir to a gaze against the earth and bodies. Changing this requires carrying out a deep relational analysis guided by the feminist gaze, which reveals historical domination over women’s bodies and the earth, and which is one of the main reasons why we have not been able to achieve de facto equality even though the intention to achieve legal equality is enunciated in the constitution. Mexican law undoubtedly rests on one of the most robust legal frameworks in terms of the written ambition to guarantee social rights, governed by the maximum principle of equality between citizens. Yet, despite this, Mexico has one of the widest inequality gaps between genders and sexes. What institutional and meta-constitutional barriers present in an androcentric and capitalist culture, as defined by Herrero (2019), inhibit the full enjoyment of equality and justify ecological and anti-patriarchal culture? How can we migrate feminist analysis and make use of public policies to mainstream the gender perspective when indisputable pillars of domination remain present and rooted in the capitalist model that preys on life?

Emancipatory, Post-Colonialist Public Policies The questions above require emancipatory, post-colonialist public policies that focus on and elevate the prevailing need to eradicate all forms of domination. Due to a methodological crisis of scientific knowledge, the challenges that the sciences faced in the post-war era were not minor. According to Valderrama (2002), the social sciences were primarily criticized for their evident Eurocentric construction and hierarchization of Western society over the remaining societies in the world, making it clear that the branches of social sciences harbored a colonialist ethos. The “unchangeable” truths on which the social sciences were built revealed colonial domination, which seeped into values and social models, and erased non-Europeans (Valderrama, 2002). In what concerns this chapter, they also erased those who were not white European men. Academic work is still deeply colonized, which is why the branches of social science that should ensure that the rights enunciated in the

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Constitution are guaranteed have not done so. Furthermore, they have not offered a post-colonial analytical perspective, which is why women’s political influence has been so limited. Post-colonial feminism deeply questions the different vulnerabilities that intersect in a person, the same vulnerabilities that make them victims of discrimination (intersectionality) (Talpade, 2008). Likewise, the post-colonial feminist currently analyzes the lives of third-world women, aiming to decolonize and depatriarchalize knowledge by showing how social subjects become a form of discursive colonialism because they try to build a reality that promotes superiority (Suarez & Hernández, 2010, p. 15). In this same current, the works of certain post-colonial feminists should be studied in depth, such as Trinh T. Minh-ha, Chandra Mohanty, Sara Suleri, and Gayatri Spivak (Herrera & Vílchez, 2013), in as far as they have shown the Eurocentric academy to be a source of discursive colonialism that styles women as a stereotype similar to Cook and Cusack’s description (2011). That is, women are conceived of as subjugated to men, religious, victims (even more so if they are from the third world), traditionalists, and confined to a domestic space (Herrera & Vílchez, 2013) far from the public sphere. On the other hand, they apparently look to emancipated women, workers, academics, and all manner of “different” women, constructed according to supposed colonizers and Euro-centrists, for what a woman should be. For example, women who seek to prohibit Islamic women’s use of burqas and question the causes and consequences of professing a religion rely on a deeply Eurocentric aspirational framework. That is, what is the true ideal of a free woman? Or is it that we are steeped in Eurocentric cultural ideas and conceptions regarding free and “different” women? What is women’s aspiration regarding their ideal type? In this regard, Talpade (2008) addresses the methodological limitations in Western discourse and ideology, which conceives of women as a category of analysis based on an archetypal victim, subsumed in a system of oppression from which only Western feminism will save her, without taking into account the individual struggles of many women who are denied the possibility of seeing themselves as feminists (Herrera & Vílchez, 2013). The above reveals, as has been explained throughout this chapter, deeply exclusionary practices because the said practices are institutionalized and rooted in producing outcomes and political reform that does not break away from exclusion and discrimination. As Herrera and

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Vílchez (2013) argue, the consequences of colonialism and a culture or depredation are alive and well in democracy. The construction of a new agenda must, without a doubt, consider that institutions (legal, administrative, and social) are built on patriarchal logic. It is impossible to rebuild the State without deconstructing the patriarchy that supports it. Likewise, we must build our own feminisms that leave colonialist ideals behind and assume that there is no one single feminism, thus unifying pluralities and apparently unconnected stories around a debate. That is, we should aim to build a dialogic and synergetic debate in all lexicons (Herrera & Vílchez, 2013) that presents an intersectional analysis of the unequal consequences of patriarchal oppression. Such an effort is far from the aspirational ideal of uniting women within a homogeneous analytical category and seeing them as part of the same causes and problems. Leaving behind the aspiration of a single, cohesive feminist current also implies renouncing a cohesive understanding of the world; instead, we would see ourselves as under an umbrella that accommodates different logics. How can all of this be articulated? Bringing dialogic feminism and post-colonialism together seems to be a possible option given the methodological impossibility of uniting women’s diverse voices. As Benhabib reaffirms in Herrera and Vílchez (2013), contemporary feminist discourse is deeply polarized, pointing out that women—even among themselves—suffer from cultural relativism, defend the patriarchy or are Eurocentric. For the above, dialogic feminism (based on Paulo Freire and Jurgen Habermas) assumes that, through dialogue, the subject can reach understanding and contribute to the transformation of contexts and lexical relationships (Herrera & Vílchez, 2013). In addition, one of its main postulates corresponds to equality between differences based on Ferrajoli’s legal assessment of differences model. According to Ferrajoli (1999), his model is based on the normative principle of equality in terms of fundamental rights, and, at the same time, on a system of guarantees capable of ensuring their effectiveness. That is, it guarantees to all women their free affirmation and development, and recognizes people’s differences and identities as the basis of individual autonomy, resulting in equality before the law without distinction centered on sex-based, biological differences or the “natural lottery” as John Rawls (1971) defines it. Overcoming the allocation produced by Rawls’s natural lottery, or the natural allocations taken up again by Ferrajoli, would allow for the

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proposal of differentiated legislation, which would recognize individual distinctions in an intersectional analysis. It would allow for the construction of an equitable model and deconstruct the patriarchal relationship between the sexes and genders, thus emphasizing a model of justice with a human rights and gender equality perspective. As Mignolo (2010) notes, “the decolonial shift is a project of epistemic detachment in the social sphere (as well as in the academic sphere, which is a dimension of the social), while post-colonial criticism and critical theory are transformative projects that basically operate and operated in the European and American academia. From the academy starting from the academy” (Mignolo, 2010, p. 17). This analysis is especially relevant in that it points out that academic critiques and theories around post-colonialism are just a dialogue between the most colonized—and colonizing—academies, and, in as far as this dialogue does not transfer into action, it is an impractical project that fails to modify the status quo. This decolonial shift sees itself as an academic movement toward decolonizing practice; it aims at epistemic disaggregation of a variety of areas that are taken for granted in our thought, that are formed by structures and super-structures (understood in Marxist terms as the set of legal, ideological, and political elements in society) and that have a hard time leaving behind a colonizing conception of reality. The proposal outlined herein pertains to migrating from post-colonial criticism toward a decolonial shift, as defined by Walter Mignolo (2010) in his “Epistemic Disobedience.” The detachment of which Mignolo (2010) speaks implies movement toward a geopolitics and corpopolitics of knowledge that denounces European capitalist ethnic groups’ pretense of universality. The logic of coloniality, a term that Mignolo (2010) coined, operates with different logics. Therefore, decolonizing the mind also implies giving up on categorizing the world based on hierarchical conceptions that prioritize the previously mentioned characteristics. For this reason, epistemic disobedience, independent thought, decolonial freedom (Mignolo, 2010) and reflection on institutions constructed based on patriarchal and colonizing logic are, now more than ever, urgent tasks. The fight for women’s rights has served up many important lessons, among them, that structural limitations on analysis lead us to think in dichotomous terms about those around us in society. That is, male and female subjects become allies or accomplices in the patriarchal pact as long as they fit into our institutional analysis, which in turn, is hard

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to decolonize. Furthermore, theoretical binarism is one of the symptoms of epistemic colonization, and most of us have suffered from its consequences. Faced with all the above, another question arises, namely is decolonizing knowledge really a path toward de-patriarchalizing knowledge and institutions? Could we overcome the binarism of reasoning starting from a misunderstanding of the world? It is, without a doubt, not enough to denounce contradictions, or just apply decolonizing theory. Knowing the binary tensions produced by colonialism is not in itself emancipatory. As Mignolo (2010) notes, the current economic context (capitalism and neoliberal globalization) is based on a colonial matrix of power; in his critical thinking, even Marx did not identify the colonial wound and its formulations as part of the capitalist and European framework (Mignolo, 2010). This complex problematization of reality hints at a broad and deep political, social and anthropological project. Women’s human rights and inequalities would be eradicated, at least according to decolonizing feminism, by decolonizing shifts that would eventually allow for the eradication of all forms of oppression. For this, activism, translated into public policies, is a wide-ranging and far-reaching tool. More tangibly and specifically in terms of Mexico’s public problems, diagnosis of public problems therein cannot be abstracted from dialogic feminist analysis where the latter aims to integrate problem trees and propose solutions with less unequal approaches in terms of a gender and human rights perspective. Might we be able to overcome the contradictions produced by the allocation of the natural lottery of which Rawls spoke? This chapter proposes that indeed it is possible through the construction of a model that diagnoses and evaluates public policies based on post-colonialist dialogic feminism, which would inevitably incorporate gender differences between individuals into said policies’ social and legal construction. The transformative capacity of the project outlined herein cannot be understated. On the contrary, a post-colonial, dialogic, feminist shift would bring with it profound changes to the superstructure, understood in Marxist terms, based on gender analysis. As García Prince (2013) argues, we must not confuse gender analysis and associate it with planning alone, or think of it as a methodological option designed to be applied at any time along a policy’s development lifecycle; indeed, it has

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a broader scope. Following García Prince, analysis must have a defined scope as follows: • Public policy design based on a definition of problems that makes patriarchal oppressions visible, and ultimately, eradicates them through concrete action • Implementation of analysis throughout all stages of public policy, including evaluation and monitoring, to disaggregate indicators at the gender and age levels, in order to measure and monitor the progress and impact of programs with a gender perspective • Ideally, suggest modifications to parts of the legal framework that have perpetuated discriminatory public policies and made power relations between the genders invisible Therefore, gender analysis should be an indispensable part of designing, applying, and evaluating equality policies (García Prince, 2013) that aim to dismantle forms of discrimination based on gender. This chapter insists on not confusing the gender analysis proposed herein with a simple methodology since dialogic feminist analysis that lead to proposals related to public equality policies has a methodological robustness of a greater scope. In the context of these dimensions, and in light of the methodological and epistemic barriers that still exist, some additional points are required, as follows: • Institutions, such as language, must be incorporated into dialogic feminist analysis, as García Prince (2013) proposed in his gender analysis methodology • Epistemological emancipation must have the ability to reveal legislative and administrative oppressions, along with any oppression produced by the superstructure • The consequences of sex-gender asymmetries can and should be modified starting from proposed concrete action that is a product of gender analysis with an emphasis on dialogic feminism

Some Conclusions What is the ultimate proposal here, and where does it intend to lead us? The feminist colonizing shift must be understood as the modification

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of the patriarchal superstructure; its aims to incorporate public policies articulated in equality and for equality between the genders, making the inequalities between them visible. In general terms, it is applicable in all social sciences, and aims to guarantee more egalitarian development conditions for sectors that are most disadvantaged as a result of gender discrimination (mainly the lesbian, gay, bisexual, transgender, transsexual, transvestite, intersex, queer, asexual community—LGBTTTIQA—and women). This means that, following García Prince (2013), gender analysis focuses on discovering phenomena linked to all types of inequality and sexism in all its manifestations: “Misogyny, discrimination, subordination, oppression, invisibility, denial, exclusion, violence, gender biases, gender gaps and all kinds of matters or facts or issues that express or create or maintain inequality and discrimination” (García Prince, 2013, p. 6). In general terms, the methodology proposed herein supposes that the causes of discrimination overlap, and includes them under a dialogic and decolonizing feminist approach. It is important to take into account that the discovery of the phenomena previously enunciated and linked to oppression is the methodological basis for proposing public policies, diagnoses, and indicators with a gender and human rights perspective. To this, we must add a manifest intention to analyze capitalism’s scope regarding the domination of women and men’s private lives in as far as it signifies the assignment of roles based on sex and gender. Said scope often responds to a dominant patriarchal logic that fails to put life at the center of diagnosis, and instead puts it at the center and service of the production and exploitation of capital. The new class struggle that the feminist project signals involve recognizing, with deep, intersectional analysis, that all discrimination, without distinction of gender or sex, produces inequalities, and that this methodology aims to generate conditions of equality. For this, different kinds of oppression and exclusionary phenomena must be detected. As Moser (1995) affirms, women’s practical and strategic needs, and the solutions that can help reform their subordinate condition, should focus on ensuring development projects that reduce gender inequality. Likewise, these needs must be recognized as not normally falling within projects that intersect; rather, they are different depending on the groups of women in question.

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In this regard, we circle back to an idea raised at the beginning, namely recognizing and making it clear that there is not just one feminism, but rather a set of feminisms. Based on the diagnosis that women are not a homogeneous group of needs, but rather contain heterogeneous groups that cannot and should not be configured in the same analytical category, this idea claims that we are not a conglomerate or mass of people subsumed in a single role within society, but rather have our own roles and activities, as well as different practical and strategic needs. Given this, analyzing relations of dominance and subordination can and should have different nuances that express the social situation assigned to a gendered group (García Prince, 2013); related proposals must recognize that practical needs vary according to particular social, economic, and political contexts, as García Prince argued. Among a given social stratum of women, aspirations to equality may vary when it comes to family responsibilities with respect to another group’s aspirations for education and training in equality and growth, or the economic and physical emancipation of their partners, to give a concrete example. The scope proposed herein must be continually reexamined given ever emergent forms of oppression, a product of continuous social emancipation, which should be incorporated into the proposed analysis in order to achieve more egalitarian, free and just diagnoses and public policies.

References Chevalier, J., & Buckles, D. (2009). Guía para la investigación colaborativa y la movilización social. Centro International de Investigaciones para el Desarrollo. Cook, R., & Cusack, S. (2011). Gender stereotyping: Transnational legal perspectives. University of Pennsylvania Press. De Souza Santos, B. (2006). Renovar la teoría crítica y reinventar la emancipación. CLACSO. Ferrajoli, L. (1999). Derechos y garantías. La ley del más débil. Trotta. Fraser, N. (2009). Feminism, capitalism, and the cunning of history. New Left Review, 56, 87–104. García Prince, E. (2013). Guía 4. Conceptos y herramientas básicas del análisis de género. Diplomado Básico en Políticas Públicas y Género. FLACSO México. Retrieved November 18, 2021 from: https://distancia4.flacso.edu.mx/login/ index.php Herrera, B. E., & Vílchez, M. J. (2013). Del feminismo post colonial al dialógico. Implicaciones para construir una cultura de paz. Multiciencias, 13(3), 267– 273.

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Herrero, Y. (2019). Sujetos arraigados en la Tierra y los cuerpos. Hacia una antropología que reconozca los límites y la vulnerabilidad. In S. LópezRodríguez & L. Platero-Méndez (Eds.), Cuerpos marcados: vidas que cuentan y políticas públicas. Bellaterra. Kenney, S. (1996). New research on gendered political institutions. Political Research Quarterly, 49(2), 445–466. Lagarde, M. (2014). Sinergia feminista para los derechos humanos de las mujeres” In S. Lopez Estrada, E. Maier, M. L. Barraza, & G. Zaremberg Lis (Eds.), 15 años de política de igualdad: los alcances, los dilemas y los retos (pp. 165–182). El Colegio de la Frontera Norte, El Colegio de México y FLACSO México. Marx, K. (1970). Capital, vol. 1: The process of capitalist production. International. Mignolo, W. (2010). Desobediencia epistémica: retórica de la modernidad, lógica de la colonialidad y gramática de la descolonialidad. Ediciones del signo. Retrieved November 18, 2021 from: https://antropologiadeoutraforma.files. wordpress.com/2013/04/mignolo-walter-desobediencia-epistc3a9mica-bue nos-aires-ediciones-del-signo-2010.pdf Moser, C. (1995). Planificación de Género y Desarrollo. Teoría, Práctica y Capacitación. Flora Tristán. OCDE. (2019). Gender, Institutions and Development Database 2019. Retrieved June 20, 2020, from https://stats.oecd.org/Index.aspx?DataSe tCode=GIDDB2014 Rawls, J. (1971). A theory of justice. Belknap Press/Harvard University Press. Rodriguez-Palop, M. E. (2019). Revolución feminista y políticas de lo común frente a la extrema derecha. CLACSO. Suárez, L., & Hernández, A. (2010). Descolonizando el Feminismo: Teorías y Prácticas desde los Márgenes. Retrieved November 18, 2021 from: http:// www.rosalvaaidahernandez.com/wp-content/uploads/2016/09/2008-LIB ROS-Descolonizando-el-feminismo-PDF.pdf Talpade, C. (2008). Bajo los ojos de occidente: Academia Feminista y discurso colonial. In L. Suarez & A. Hernández (Eds.), Descolonizando el Feminismo: Teorías y Prácticas desde los Márgenes. Retrieved November 18, 2021 from: http://www.rosalvaaidahernandez.com/wp-content/uploads/ 2016/09/2008-LIBROS-Descolonizando-el-feminismo-PDF.pdf Valderrama, M. (2002). Epistemiología de las ciencias sociales. ARCIS-SELA. Valencia, E. (2008, January/April). Ecofeminismo y ambientalismo feminista. Una reflexión crítica. Argumentos, 21(56).

PART II

Contesting Political Representation: Women’s Substantive Representation in Mexico

CHAPTER 4

A Gender Perspective or a Family Perspective: Exclusionary or Inclusive Frameworks Diana Ibarra Soto

Introduction The presence of a gender perspective in our politics is undeniable. International treaties have made it increasingly central, and it has even made it to this country [Mexico] with inclusion as a transversal axis in the 2012– 2018 Plan Nacional de Desarrollo (National Development Plan). More and more organizations and programs, both public and private, use the term. The gender perspective is an effective tool for identifying the historical lags to which women have been subjected both because it breaks a line of continuity between a biological reality and a person’s being, and because political, economic, and cultural interpretations are freed from their androcentrism (Barriteau, 2003). The epistemological, analytical,

D. Ibarra Soto (B) Institute of Humanities, Universidad Panamericana, Mexico City, Mexico e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_4

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and structural contributions that the gender perspective makes are significant in almost any area of contemporary life, which underlines its need across development spaces. However, there is still some reluctance when talking about gender, and not without reason since the novelty of the term requires a critical and responsible view based on and outlined according to the different trends and uses that shape its integration (Scott, 1986). It would be far too naïve, or far too fanatical, to consider it the panacea or solution to all problems related to inequality or distribution since intersectionality reveals other fundamental categories (Crenshaw, 1990) for designing policies that address inequality. Nor can we assume that it is the only valid perspective, and thereby reduce all politics that predate the gender category to an error. All these constraints become greater when we oppose the term family to gender since they are frequently perceived as antithetical, and easily supplant one another depending on how “traditional” or “progressive” one is or hopes to be in light of public opinion. However, when as a society and as actors in public life we see heartbreaking images of mothers searching for their missing daughters, of children orphaned when domestic violence ends in the femicide of their mother, of the heartbreak of women who abandon their infants to go care for others, of the migratory dramas associated with long-distance families that have to endure loneliness and violence when crossing a border, the figure of the family silently reappears within our conscience, as does its importance, but in this historical moment that importance is unseen or is intentionally obscured. This chapter seeks to take the family, which should not be seen as opposed to gender perspectives, out of the timid gaze of emotional outburst and reposition it as a valid perspective for politics. However, in order to do so, and for these perspectives to coexist, several dimensions and limits need to be put into place. To carry out this task, I will proceed as follows: 1. I will explain the gender perspective as allegedly opposed to the institution of the family starting from some theoretical proposals and at a historical level. 2. I will point out some complexities to consider when using the gender perspective in the public agenda. 3. I will demonstrate the use of the family perspective in initiatives for gender equality at the international level and in Mexico.

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4. By way of conclusion, I will propose a resignification of the family perspective starting from the logic of gender equality for its incorporation into public policies.

The Gender Perspective as Allegedly Opposed to the Institution of the Family In 1995, when the World Conferences on Women took place in Beijing, the growing and worldwide importance of a gender-centered approach started to emerge. The term first appeared in medicine (Money, 1955) and psychology (Stoller, 1968), followed by an avalanche in the field of feminism (Ortner, 1972; Rubin, 1975; Scott, 1986). It gave the impression that a category had finally emerged to expose the injustice of a cultural order that belittled women by denying them their real rights and opportunities. Gender revealed the asymmetric relationships encoded in power (Barriteau, 2003; Nussbaum, 2001; Scott, 1986); it was and is necessary to reverse that structure, which encourages hegemonic masculinity (Bourdieu, 2003). By identifying elements of discrimination and inequality, family dynamics and the division of the sexes were pinpointed as elements that replicate a logic of submission applied to women. However, they were not the only elements that affected the view of the family; historical development also changed the way in which the family was interpreted on a political level. A shift in public interest centered on the family toward interest in the individual began with the Industrial Revolution (Greer, 1984). With a falling number of family members and interactions between them, States, especially those of a liberal nature, more frequently sought to resolve individual interests. More socialist States began to prioritize obedience to the State instead of attending to the family as a nucleus of interests (Engels, 1891). Family dynamics changed dramatically with the Industrial Revolution; initially, workspaces and family coexistence were intermingled, but, by moving to city life, these two spaces were fragmented (Frader, 2005). In agrarian societies, having more children meant having a larger workforce; on the contrary, although at the beginning of the Industrial Revolution children were unjustly considered part of the workforce, people soon saw that reducing the number of children they have means lower costs in raising them.

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Following this, and as a result of the World Wars, fertility rates began a sharp decline, particularly in Europe. This resulted in governments offering supplementary policies for larger families (Lefaucheur, 1993), and the global economy reallocating its interest in particular subjects (Beck & Beck-Gersheim, 2007). Lefaucheur notes not only a decline in births, but also in marriage, since births registered in Europe were not necessarily legitimate or within a matrimonial regime. In addition to this, there was a rise in divorce and single parenting rates. Bringing together both trends, and given women’s liberation movements, motherhood began to be viewed with suspicion. Many examples interpret motherhood and the family thusly, both within feminism and gender studies, starting with Beauvoir’s Second Sex. She argues that motherhood is a drama in which the mother’s narcissus is compensated by means of false and imposed self-denial (2010). As an example of this, Beauvoir argues, But pregnancy is above all a drama playing itself out in the woman between her and herself. She experiences it both as an enrichment and a mutilation; the fetus is part of her body, and it is a parasite exploiting her; she possesses it, and she is possessed by it; it encapsulates the whole future, and in carrying it, she feels as vast as the world; but this very richness annihilates her, she has the impression of not being anything else. A new existence is going to manifest itself and justify her own existence, she is proud of it; but she also feels like the plaything of obscure forces, she is tossed about, assaulted. (2010, pp. 1289–1290)

Under this principle, Shulamith Firestone defines the biological family as an inherently unequal distribution of power (1970), identifying women’s biological ties as the center of their domination such that, in her words, it would be fitting not only to free ourselves from biology, but also to provoke a social restructuring of classes where sexual differentiation between human beings has no cultural impact, which could be achieved through artificial reproduction, making sexual differentiation a moot point (1970). Shulamith even states that, The reproduction of the species by one sex for the benefit of both would be replaced by (at least the option of) artificial reproduction: children would be born to both sexes equally, or independently of either, however one chooses to look at it; the dependence of the child on the mother (and vice versa) would give way to a greatly shortened dependence on a small group

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of others in general, and any remaining inferiority to adults in physical strength would be compensated for culturally. The division of labour would be ended by the elimination of labour altogether (through cybernetics). The tyranny of the biological family would be broken. (1970, p. 22)

Although neither Beauvoir nor Firestone uses the word gender, they both distinguish between biology and culture, rejecting the former for its role in shaping a cruel destiny. It is not surprising that, when Rubin speaks of the sex/gender system, she replicates this idea, arguing that procreation has intertwined power relations that see women as subjects of exchange due to their capacity to produce individuals. Therefore, to reformulate society, in Rubin’s view, a different gender construction would need to be erected: “The dream I find most compelling is one of an androgynous and genderless (though not sexless) society, in which one’s sexual anatomy is irrelevant to who one is, what one does, and with whom one makes love” (1975, p. 204). Rubin, along with Beauvoir and Firestone, sees women’s role in the family as a social constraint that replicates systems of control and reduces them to promoters of dynamics of care for others. As part of that view, Kate Millet identifies the family institution with the patriarchy and as a guarantor of its permanence: Patriarchy’s chief institution is the family. It is both a mirror of and a connection with the large society; a patriarchal unit within a patriarchal whole. Mediating between the individual and the social structure, the family effects control and conformity where political and other authorities are insufficient. As the fundamental instrument and the foundation unit of patriarchal society the family and its role s are prototypical. Serving as an agent of the larger society, the family not only encourages its own members to adjust and conform, but acts as a unit in the government of the patriarchal states which rules its citizens through its family heads. (2000, p. 33)

The sex/gender system facilitates identification of these systems of control, but it does not follow from there that all gender perspectives promote a dismantling of the family as such. The contemporary resistance to assimilating these two positions—liberation and motherhood—into a kind of coexistence is striking. Because of it, we are witness to drastic declines in the will to have children and in the identification of the family as an objective in life. As Germaine Greer states, “[the] modern Western

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infant is wanted by fewer people than any infants in our long history, not only by fewer parents but by smaller groups of people” (1984, p. 2).

Complexities to Consider When Applying the Gender Perspective to the Public Agenda It seems clear that, in a world with such high levels of inequality and violence, incorporating perspectives to identify elements that undergird a comprehensive welfare state for all is essential. Hence, the usefulness of the gender perspective. However, there are three aspects that I would like to highlight, following in part Eudine Barriteau’s discussion, which allow us to critically position ourselves when engaged in politics: 1. The definition of gender is far from homogeneous. 2. The scope of the gender category is unclear. 3. We cannot allow the gender category, however useful it may be, to make other categories of analysis invisible. The Definition of Gender Every time we use the word “gender” in discourse, we must be aware that it has no agreed upon meaning, its limits are diffuse and it can often be used to signify contrary proposals generated from different disciplines, currents of thought, and perspectives. It is generally accepted that gender points to three elements: (1) it is a human property, (2) it refers to people’s biology, and (3) it focuses on the cultural construction surrounding that biology. However, these elements are often not clearly defined, or are sometimes even doubted, as the following questions highlight: To what extent does construction depend on nature? Is sexed nature indispensable or not for its formulation? How much does power play into this construction? How is this hierarchy of power established? How free are people to opt out of these schemes? How much do they even understand them? These are just some of the many questions asked depending on the inquirer’s specific interests. Therefore, when using the category of gender in the political sphere, we must be careful not to empty it just to fill popular space. Although other historic analyses of gender exist, such as those from Scott (1986) and De Barbieri (1996), in what follows, I will present a

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sampling of the most iconic theoretical definitions of gender, ordered by date of appearance in their original language, the quotes that are originally in Spanish will be translated.: • “The amount of masculinity or femininity found in a person” (Stoller, 1968, p. 9). • “Every society also has a sex/gender system-a set of arrangements by which the biological raw material of human sex and procreation is shaped by human, social intervention and satisfied in a conventional manner, no matter how bizarre some of the conventions may be” (Rubin, 1975, p. 165). • “Gender is a constitutive element of social relationships based on perceived differences between the sexes, and gender is a primary way of signifying relationships of power” (Scott, 1986, p. 1067). • “Gender systems -regardless of historical time period- are binary systems that oppose male to female, masculine to feminine, usually not on an equal basis but in hierarchical order” (Conway et al., 1987, p. XXIX). • “Gender is a way in which social practice is ordered. In gender processes, the everyday conduct of life is organized in relation to a reproductive arena, defined by the bodily structures and process of human reproduction” (Connell, 1995, p. 71). • The cultural construction of sexual difference, alluding to the social relations of the sexes (Lamas, 1996, p. 332, originally in Spanish). • The cultural construction corresponding to the roles or stereotypes that each society assigns to the sexes (Elósegui, 2002, p. 43, originally in Spanish). • A cultural norm which governs the materialization of bodies (Butler, 1993, p. xii). • Systems of personal and social relations of power through which women and men are socially created and maintained, and through which they gain access to, or are allocated status, power and material resources within society (Barriteau, 2003, p. 30). • Sex is a biological categorization based primarily on reproductive potential, whereas gender is the social elaboration of biological sex. Gender builds on biological sex, but it exaggerates biological difference, and it carries biological difference into domains in which it is completely irrelevant (Eckert & McConnell-Ginet, 2013, p. 10).

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• The term gender is used here to refer to sociocultural systems that include norms and expectations for males and females, which vary as a function of intersections with other factors (Cole, 2009; ElseQuest & Hyde, 2016), as well as psychological processes such as identity, femininity, masculinity, and gender-conformity and nonconformity (Hyde et al., 2019, p. 2). Of note is reference to the system, construct, or cultural order related to biological reality, however, this reality at first refers to the masculine and feminine spheres, even going so far as to affirm a binary reality, to later incorporate gender conformity and non-conformity (Hyde et al., 2019) or even disregards them (Butler, 1993). To what extent is this discussion historical, transhistorical, or psychological by virtue of a system of opposition or of power? This series of academic proposals have been adopted by different national and international institutions, which provide their own definitions in the development of public policies. The term gender refers to the norms, rules, customs, and practices based on which biological differences between men and women, boys and girls, are translated into socially constructed differences (ECLAC, 2006, p. 17). For the UNDP, gender is a category used to analyze how sexual differences are defined, represented, and symbolized in a given society. Therefore, the concept of gender refers to the historical and sociocultural ways in which women and men construct their identity, interact and organize their participation in society. These forms vary from one culture to another and change over time (2007, p. 7). For CONAVIM, it is a sociocultural relationship that involves power ties that, in turn, intersect and articulate other ties like class, ethnicity, age, or sexual orientation, thus shaping subjectivities and a highly complex social order. Due to its relational nature, gender involves both women—or the feminine—and men—or the masculine (Laub, 2007 in CONAVIM, 2010, p. 63, originally in Spanish). We can see that even institutions within the United Nations system (UNDP and ECLAC) or in Mexico (CONAVIM) do not present the same definition or allude to the same academic vision. It should be underlined that, when formulating public policy, a position is assumed that may not represent the population’s interests or perspectives across the board. Therefore, all proposals should present a precise definition of how it understands gender when incorporated into development plans, action

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programs, political platforms, etc. Therefore, when defining the gender perspective, we assume that it means taking these definitions into account and applying them in other economic, cultural, mediatic or, in this case, political areas, depending on the chosen definition. The Scope of the Gender Category Is Not Clear Related to the previous point, without an agreed-upon definition, the scope that the gender category may have is also unclear. As Barriteau declares, “We have not set out clearly what ‘gender’ can do and cannot do” (2003, p. 24) and adds, “This situation is made worse by the fact that in everyday usage gender can mean almost anything” (2003, p. 34). Sometimes the gender category can be used as a substitute to talk about women, or to designate men and women, and even to make women invisible under a neutral category. As Eli Bartra notes, “The uncomfortable and devalued term ‘women’ has been replaced by a new and more elegant one, ‘gender’” (“Se ha sustituido la incómoda y devaluada palabra mujer, por la nueva y elegante de género”, 1997, p. 210). Okin (1989), Lamas (1996), De Barbieri (1996), Barriteau (2003), among many others, have all pointed this problem out. Indeed, it is increasingly common to find offices, institutes, and research centers that originally focused on women’s issues, and then replaced them with a focus on gender. Although beyond the scope of this chapter, I find it concerning that various organizations, institutions, and academies that were specifically dedicated to the advancement of women have changed their names and acronyms, replacing the word “woman” with “gender,” making invisible an existent and necessary struggle surrounding the specifically feminine problems. Some of these groups include the Colegio de México with its Interdisciplinary Program for Women’s Studies, which was created in 1983 and is now called the Interdisciplinary Program for Gender Studies, the UNAM’s Center for Women’s Studies within the School of Psychology is now called the University Gender Studies Program, and, in the Chamber of Deputies, the Center for Studies on the Advancement of Women and Gender Equity, CEAMEG (for its initials in Spanish), is now called CELIG (for its initials in Spanish) or, in English, the Center for Studies on the Achievement of Gender Equality. In the strict sense, gender, at least its most common meanings, recognizes the existence of women and men; therefore, a gender perspective

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would necessarily encompass the problems of both, as well as the interactions between them. Therefore, although such a perspective divides our attention, it would not necessarily cancel out a specific interest in women’s issues. From a historical view focused on the vindication of public spaces and political agendas, this may result in an error when planning policies specifically aimed at addressing problems like femicide or feminicide. Such a problem only afflicts one party and requires imminent visibility to outline specific strategies that, while recognizing the participation of men as a variable in the problem, focus on women themselves, especially when it comes to budgets and restorative justice. As Bartra points out, I think it is important to be clear about and to know why one concept or the other is used in each specific moment and to not use them interchangeably, assuming that ‘woman’ is equal to ‘gender.’ If emphasis is to be placed on the study of women, it should be called that; if the relationship between genders is emphasized and masculinity studies are included, then gender studies is appropriate. However, this latter label unquestionably tends to erase the concept of woman, to make women invisible once again. (1997, p. 205, originally in Spanish)

We Cannot Allow the Category of Gender, Useful as It May Be, to Make Other Analytical Categories Invisible Adding up the two aspects described above, i.e., a lack of consensus surrounding gender’s definition and its specific use in discourse, the category of gender, although it has made indispensable and significant contributions to equality overall, is far from the only category that should be taken into account. This is because (c.1) it cannot encompass the whole person, (c.2) within it, there is also room for discourses of power, (c.3) when proposed as transversal, it is assumed to be relational and interwoven with other areas of human construction. (c.1) It should be very clear that gender is a perspective and an element that signals social construction starting from a biological reading; however, this is neither the only problem, nor the only perspective. Human identity contains many variables that constitute our unique being, hence the importance of intersectionality as individuals (Crenshaw, 1990). Supplanting other types of perspectives and limiting them all to gender significantly risks falling into a kind of blindness when it comes to concrete problems. Initially, the intersectionality that Crenshaw identified

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denoted the various ways in which race and gender interact to form the multiple dimensions of people’s experiences. Ultimately, this intersectionality gradually began to incorporate other variables like nationality, social class, religion, sexual orientation, and many others that impact people’s identity. The problems that each person faces depending on their social class, sexual orientation, immigration status, etc., oblige us not to limit or homogenize people’s political treatment to a single variable. The categories to be analyzed include the person’s place within his or her family since being a mother, father, daughter, or uncle is not the same thing. These relationships are established differently by attributing differentiated behaviors, obligations, and rights, which are interwoven with a gender dynamic. Yet, that dynamic in no way allows for the replacement of one analytical category for the other. (c.2) As indicated, the gender perspective has helped identify dynamics of inequality that exist within society. Yet, it is naive to think that alternative, emerging, or liberated femininities and masculinities constructed from gender awareness will lack power dynamics. In this sense, intersectionality is also useful for showing how simply speaking from the perspective of one category frequently ignores the differences within it, which, according to Crenshaw, causes increased tension within groups (1990). When positioning their agendas, and given visibility gaps, groups can give the impression that the problems they seek to address are the same everyone involved, ignoring the specificities of each sector. At the political level, this becomes more obvious because, although a liberal State must commit to broad and comprehensive protection of citizens’ well-being, the truth is that the interests of the most powerful groups are often served in a more palpable way. This is in line with Kate Millet’s definition of the political as: The term “politics” shall refer to power-structured relationships, arrangements whereby one group of persons is controlled by another. By way of parenthesis one might adda that although an ideal politics might simply be conceived of as the arrangement of human life on agreeable and rational principles from whence the entire notion of power over others should be banished, one must confess that this is not what constitutes the political as we know it, and it is to this that we must address ourselves. (2000, pp. 23–24)

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The gender perspective has been extremely useful for disarming the inequality inherited from hegemonic masculinity. Yet, by taking up the gender agenda, the State does not renounce making its own mark and seeks instead to trigger responses according to its own interests. It would be naive to think that the modern State would stop using such a useful tool like sexuality and its social instantiations to its advantage. Therefore, although the term was originally created to identify distinctions between the social structures that construct sexed people, which has been an extremely useful tool for identifying related inequality, manipulation for the advantage of the State remains a real possibility. This manipulation has been called gender ideology. Following radical feminism, this ideology ignores biological differences, making it seem as if holding different ideas, not proclaiming oneself a feminist, or not engaging in the fight for equality makes one uncivilized. As Miranda-Novoa notes: In this way, the egalitarianism of radical feminism has led to an ideology whose strategy consists in spreading among the social conscience the idea that the inequalities that women suffer, translated into terms of subordination and oppression, will only disappear to the extent that we no longer speak of women and men but of undifferentiated beings who, regardless of biological aspects, adopt the role they wish to play in their lives. (2012, p. 350, originally in Spanish)

This point of view is not unusual in political approaches that tend to define themselves as progressive based on their attempt to overcome biological division, when in fact they infringe upon women by denying them their essence in order to achieve recognition of equality (Irigaray, 1992). Ana Marta González offers some pertinent remarks in this regard: Ironically, this problematic, typically ideological fusion of “difference” and “domination,” which presents domination as something that flows “inevitably” from difference, is too much like those that argue for a past social order by appealing to its presumed “naturalness.” Both seem to be unaware of the innate dynamism of practical reason, its ability to face new situations and develop solutions in accordance with intellectual and moral principles, which the social and cultural context may obscure, but can never definitively silence. (2009, originally in Spanish)

(c.3) On the other hand, at the social level, the gender perspective and its transversality add to the analysis of complex problems in

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diverse economic, political, and cultural spheres. Just as each government plan should include the gender perspective, other perspectives that address specific problems, such as the environment, should not be excluded. While it brings a transversal view to human affairs and integrates and respects human rights, to cite another essential aspect, the gender perspective needs complementary elements. In this sense, these three perspectives, gender, the environment, and human rights, and many others that are considered necessary, can and should come together when making public policy. The inclusion of a family-centered perspective can be harmonious within a development plan, bill, or other mechanism for organizing public life. Hegemonic masculinity is intertwined with other cultural structures in force today, such as the modern State and market dynamics (Connell, 1995). Thus, if we do not address the problem of inequality from other fronts and integrate those perspectives, e.g., the family, we hinder our response to the original conflict, which corresponds to the search for justice in a broad, integrated, and coherent way. Including a family perspective in diverse gender issues allows us to identify the habitus generated within families that lead to inequality or violence. I understand habitus in the Bourdieuan sense as tacit threats involved in the routines associated with the division of labor or with collective and private rituals (Bourdieu, 2003, p. 38). In addition, they may foster mechanisms for the integration of all family members in care tasks, regardless of sex and gender (Ibarra & Ochoa Reyes, 2016).

An Analysis of the Family Perspective and View in Gender Equality Initiatives in Mexico and the World One of feminism’s greatest successes relates to equal recognition before the law. Olympe de Gouges pointed this out in her Declaration of the Rights of Woman and of the [Female] Citizen written in 1791: Article 6. The law must be the expression of the general will; all female and male citizens must contribute either personally or through their representatives to its formation; it must be the same for all: male and female citizens, being equal in the eyes of the law, must be equally admitted to all honors, positions, and public employment according to their capacity and without other distinctions besides those of their virtues and talents. (1979)

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Since then, women have formally fought for their recognition in the legal apparatus. The problems are multiple and complex, which is why it is necessary to disaggregate resolutions in different areas and regions for optimal resolution. Having objective mechanisms guarantees equal access to goods, services, and opportunities. Although this chapter suggests certain aspects to consider when applying the gender perspective, it in no way suggests neglecting its use; on the contrary, contributions thereof are recognized, as is the need to incorporate said perspective in politics. It invites us to reflect on whether we are also including in these mechanisms a reconfiguration of the family from a gender perspective. Thus, the following lines offer a brief account of how frequently the words “woman,” “man,” “gender,” and “family” and their derivatives appear in the most representative international and Mexican instruments in favor of equality. This summary looks at the extent to which these documents adopt one perspective or another, and how the parameters and positioning of the words are modified. At the international level, the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is included. The Program of Action of the International Conference on Population and Development adopted in Cairo 1994 (Cairo); The Beijing Declaration and Platform for Action within the Fourth World Conference on Women, 1995, the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women “Convention of Belém do Pará”, held in Brazil 1994; the 8 Millennium Goals adopted by the United Nations General Assembly in 2000 and finally the 17 Sustainable Development Goals of 2015. This evidence demonstrates that use of the word “gender” has increased, while use of “family” has decreased. Although, due to their differences in length, the number of mentions in itself is not a sufficient indicator for comparing the documents, it is of interest when compared with the other words in the same document. It should be clarified that the consistent presence of the word “woman,” which has a much higher proportion in each of the documents, does not de facto demonstrate that there is an unequal order in favor of women, on the contrary. All these documents have the objective of creating mechanisms of equality, therefore, women must be promoted in a structural order historically build based on male hegemony. The same could be said with respect to “gender” and “family,” but the opposite occurred with a significant decrease in the word family.

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The International Conference on Population and Development Program of Action (Cairo 1994) contains 333 mentions of “family” and none of “gender.” It is also important to note that the term “family” appears so frequently because of its use of the phrase “family planning,” which became a much more prevalent policy worldwide from that year on. It also shows that the gender perspective had not been adopted in the international system, since the following year, in the Beijing Declaration and Platform for Action, there are 218 mentions of the term “gender” or its perspective. In the Cairo document, chapter V is entitled “The Family, Its Roles, Rights, Composition and Structure” and recognizes that, “The family is the basic unit of society and as such is entitled to receive comprehensive protection and support” (2004, p. 30). The same is said in point 29 of the Beijing Declaration: “The family is the basic unit of society and as such should be strengthened. It is entitled to receive comprehensive protection and support. In different cultural, political and social systems, various forms of the family exist. The rights, capabilities and responsibilities of family members must be respected” (1995). Elósegui’s clarifications regarding the preparation of international documents are of interest; the fact that they contain forced consensus among the positions that different nations hold means that they lack certain unity and can have opposite positions in different sections (2002). It is significant that a document like the UN’s Sustainable Development Goals, which aim to guide political action and agreement between nations, only alludes to the family on two occasions, one in relation to family planning in point 3.7 and, in 5.4, to shared responsibilities in the family. But this document does not recognize its function as the basic unit of society. For its part, at the national Mexican level, the same analysis of words and derivatives was carried out in both legislative and executive power documents (see Table 4.1). In the first place, the 2006 Constitución Política de los Estados Unidos Mexicanos (Political Constitution of the United Mexican States), the Ley General de Igualdad entre Mujeres y Hombres 2006 (LGIMyM) (the General Law of Equality between Women and Men), Ley General de Acceso de las Mujeres a una Vida Libre de Violencia (LGAMVLV) 2007 (General Law on Women’s Access to a Life Free of Violence), Ley Federal Para Prevenir y Eliminar la Discriminación (LFPPED) 2003 (Federal Law To Prevent and Eliminate Discrimination), the Plan Nacional de Desarrollo 2019–2024 (The National Development

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Table 4.1 Analysis of international instruments: vocabulary on gender, sex, and family

International documents CEDAW 1979 Cairo 1994 Belém Do Pará 1994 Beijing 1995 MDG’s 2000 SDG’s 2015 Mexican official documents Constitution LGIMyH LGAMVLV LFPPED PND 2019 Proigualdad 2020

Woman

Man

Gender

Family

75 336 56 1,509 6 38

34 82 6 203 3 4

0 0 1 218 2 5

13 333 3 98 1 2

15 158 280 3 7 350

6 133 12 0 7 69

17 22 57 2 2 104

27 3 16 3 4 11

Source Author’s elaboration

Plan), and Programa Institucional 2020–2024 (2020–2024 Institutional Program) of the Instituto Nacional de las Mujeres (PROIGUALDAD, 2020) (National Institute for Women). As seen in Table 4.1, equality mechanisms demonstrate the need to make women visible, specifically in the LGAMVLV since it is a specific piece of legislation that addresses violence against women, the number of mentions is significantly higher, which makes sense. In the same way, Proigualdad 2020, as a policy spearheaded by the Instituto Nacional de las Mujeres, has a special interest in tackling the inequality gaps for this population sector. However, it is well known that the “family” voice has much fewer mentions than the “gender” voice, which can be understood based on the fact that avoids replicating the stereotypes that enclose women in family life. Only in Article 4 of the Mexican Constitution do we find a reference to the “development of the family,” but this recognition is absent from the other documents analyzed. However, significantly it does so in recognition of equality vis-à-vis the law of women and men, which allows the two perspectives to coexist. These numbers are not exhaustive, and an in-depth semiotic analysis should be carried out; suffice this study to demonstrate the necessity of finding mechanisms that advance both perspectives.

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Leaving Dichotomy Behind: The Resignification of the Family from a Logic of Gender Equality Discourse on the family implies diving into a complex universe based on its diverse composition, differentiated dynamics, and autonomy mediated by the State. It is a historical entity subject to cultural interpretations, located halfway between the public and private realms, and fundamental for the integral formation of new human beings, all of which is why it is a basic structure in society and part and parcel of political justice (Nussbaum, 1999). Hence the interest in its care and support. Highlighting the importance of the family should not be done out of a fervor to maintain an outdated regime, but rather because acceptance of human life begins in the family, its recognition is strengthened in its ties and the development of its members depends, to a great extent, on its stability. However, the family can also be a source of unfair dynamics and abuse, not infrequently linked to gender (Ibarra, 2019). As Greer states, “Families are as full of bad blood as good, but the struggle is on a human scale” (1984, p. 269). While there are horror stories surrounding the family institution, they are not enough to annihilate it. If we were to apply such a standard to other social institutions, we would end up in absolute and irremediable anarchy. Nor can we fall into the error of transmitting to upcoming generations the idea that forming a family means forming part of a patriarchal and perishable regime, as Millet suggests (2000), where infants are perceived as an impediment to personal fulfillment, a sacrifice, and a burden. In fact, this view infringes upon personal development options. Rather, we should create mechanisms that avoid exclusionary dichotomies between the choice to raise a family and professional success. Having progeny is not a bad option for people; it should not be a necessary, mandatory or exclusive option, but its validity and complementarity must be respected for a full life for both women and men by promoting the active involvement of both parents in raising and caring for their children. Relations of social justice are understood within the family, as a part of exchanging with those we live with (Okin, 1989), such that a healthy family coexistence has a positive impact on social coexistence in the formation of skills such as empathy, solidarity, tolerance, and respect. Still, care must also be taken not to idealize the family in a way that hampers the detection of and attention to serious problems when they arise. Hence the need to enrich both the gender perspective with that of the family and vice versa. The family perspective encompasses “the approach

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found in public and private policies, as well as in the work programs sponsored by civil society organizations, which consider family structures and dynamics fundamental for individual and social development and well-being” (Pliego, 2017, p. 91, originally in Spanish). Few pro-family initiatives are presented in public policy. They frequently refer to financial support, but it is rare to find an evaluation of family dynamics, their democratization, and incorporation into a culture of peace. On the other hand, policies such as nurseries, which must include mothers and fathers, the promotion of lactation in the workplace under decent conditions, and paternity and maternity leave should be incorporated. The family perspective, as well as the gender perspective, must be promoted in transversal spaces. It is essential to incorporate a more functional family model with recognition, affection, support, and company, regardless of its configuration, for each member that composes it horizontally, an acknowledgment of its importance and promotion of its development. This model must contemplate equitably distributed tasks and a dialogical encounter that is sensitive to differentiated needs and adapts over time. In this sense, the gender perspective can provide powerful tools for strengthening the family—by identifying dynamics of inequality that afflict it based on the normalization of a habitus that privileges hegemonic masculinity and normalizes violence. Likewise, the gender perspective is capable of building new dynamics that address these difficulties and, better yet, of educating new generations to prevent them from happening, without returning a patriarchal view. As Moller Okin states, “Until there is justice within the family, women will not be able to gain equality in politics, at work, or in any other sphere” (p. 4). For this, policies must also recognize the undeniable value of the family as a social foundation and nucleus. For its part, the gender perspective must recognize that, without a structural modification of family dynamics, equality will always be far off. This perspective must recognize that it is in families where the people who make up a society must grow, such that supporting its establishment, ease and coexistence benefits the future of a nation. Integrating themes such as structural support for care work, work-family-personal balance, responsible upbringing and family democratization, co-responsibility in care work, ease of exercising full motherhood and fatherhood, dignified aging, etc. This requires a willingness and open-mindedness to see that championing some causes, while distorting others, is an error. Ultimately, it requires finding creative and innovative solutions to complex problems.

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Diario Oficial de la Federación. (2007). Ley General de Acceso de las Mujeres a una Vida Libre de Violencia. Secretaria de Gobernación. Retrieved November 18th, 2021 from: http://www.dof.gob.mx/nota_detalle.php?cod igo=4961209&fecha=01/02/2007 Diario Oficial de la Federación. (2019). Plan Nacional de Desarrollo 2019–2024. Secretaria de Gobernación. Retrieved November 18th, 2021 from: https:// www.dof.gob.mx/nota_detalle.php?codigo=5565599&fecha=12/07/2019 Diario Oficial de la Federación. (2020). Programa Institucional 2020–2024 del Instituto Nacional de las Mujeres. Gobierno de México. Retrieved November 18th, 2021 from: https://www.gob.mx/cms/uploads/attachment/file/558 434/PI-Inmujeres-DOF17062020.pdf ECLAC (CEPAL in Spanish). (2006). Guía de asistencia técnica para la producción y el uso de indicadores de género. México. Eckert, P., & McConnell-Ginet, S. (2013). Language and gender. Cambridge University Press. Elósegui, M. (2002). Diez temas de género. Hombre y mujer ante los derechos productivos y reproductivos. Ediciones Internacionales Universitarias. Else-Quest, N. M., & Hyde, J. S. (2016). Intersectionality in quantitative psychological research. Psychology of Women Quarterly, 40(2), 155–170. https://doi. org/10.1177/0361684316629797 Engels, F. (1891). Origen de la familia, de la propiedad privada y del estado. Editorial Roja. Firestone, S. (1970). The dialectic of sex: The case for feminist revolution. Farrar, Straus and Giroux. Frader, L. L. (2005). The industrial revolution: A history in documents. Oxford University Press. Gonzalez, A. M. (2009). “Género sin ideología” en Nueva Revista de Política. Cultura y Arte, 124, 33–47. Greer, G. (1984). Sex and destiny: The politics of human fertility. Harper & Row. Hyde, J. S., Bigler, R., Joel, D., Tate, C., & van Anders, S. (2019). The future of sex and gender in psychology: Five challenges to the gender binary. American Psychologist, 74(2), 171. Ibarra, D. (2019). La identidad kinética de las mujeres. Una visión a partir de la Teoría de las Capacidades de Martha Nussbaum. CDMX: Editorial Notas Universitarias. Ibarra, D., & Ochoa Reyes, K. (Coords.). (2016). Importancia de las nuevas masculinidades para el empoderamiento de las mujeres en Beijing +20 Las voces de la ciudadanía. CDMX, INMUJERES. Retrieved November 18th, 2021 from: http://cedoc.inmujeres.gob.mx/documentos_download/101272.pdf INMUJERES. (2007). Glosario de género. INMUJERES. Retrieved November 18th, 2021 from: http://cedoc.inmujeres.gob.mx/documentos_download/ 100904.pdf

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Irigaray, L. (1992). Yo, tú, nosotras. Cátedra. Lamas, M. (1996). Usos, dificultades y posibilidades de la categoría “género”. In L. Martha.(Comp.), El género: la construcción cultural de la diferencia sexual. Porrúa/Programa Universitario de Estudios de Género-UNAM. Lefaucheur, N. (1993). Maternidad, familia, estado. In G. Duby & M. Perrot (Eds.), Historia de las mujeres en Occidente (pp. 439–464). Taurus. Millet, K. (2000). Sexual politics. University of Illinois Press. Miranda-Novoa, M. (2012). Diferencia entre la perspectiva de género y la ideología de género. Díkaion: revista de actualidad jurídica, 21(2), 337–356. Money, J. (1955). Hermaphroditism, gender and precocity in hyperadrenocorticism: Psychologic findings. Bulletin of the Johns Hopkins Hospital, 96(6), 253. Nussbaum, M. (1999). Sex and social justice. Oxford University Press. Nussbaum, M. (2001). Women and human development: The capabilities approach (Vol. 3). Cambridge University Press. OEA. (1994). Convención Interamericana para prevenir, sancionar y erradicar la violencia contra la mujer “Convención de Belém Do Pará”. Conapred. Retrieved November 18th, 2021 from: http://www.conapred.org.mx/leyes/ convencion_belem_do_para.pdf Okin, S. M. (1989). Justice, gender, and the family (Vol. 171). Basic Books. Ortner, S. (1972). Is female to male as nature is to culture? Feminist Studies, 1(2), 5–31. Pliego, F. (2017). Estructura de familia y bienestar de niños y adultos. El debate cultural del siglo XXI en 16 países democráticos. 2013. LXIII Legislatura de la H. Cámara de Diputados. SBN 978-607-8501-60-1. Rubin, G. (1975). The traffic in women: Notes on the ‘political economy’ of ‘sex’. In R. T. Reiter (Ed.), Toward and anthropology of women. Monthly Review Press. Scott, J. (1986). Gender: A useful category of historical analysis. The American Historical Review, 91(5), 1053–1075. Stoller, R. (1968). Sex and gender: The development of masculinity and family. Routledge. UN. (1976). Convention on the elimination of all forms of discrimination against women. United Nations General Assembly. Retrieved November 18th, 2021 from: https://www.ohchr.org/documents/professionalinterest/cedaw.pdf UN. (1995). Beijing declaration and platform for action. Retrieved November 18th, 2021 from: https://www.un.org/en/events/pastevents/ pdfs/Beijing_Declaration_and_Platform_for_Action.pdf UN. (2000). United Nations Millennium Declaration. United Nations General Assembly. Retrieved November 18th, 2021 from: https://undocs.org/A/ RES/55/2

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UNDP. (PNUD in Spanish). (2006). Guía transversalización de género en proyectos de desarrollo. Ed. PNUD México. UNDP. (2007). ABC de género en la administración pública. PNUD. Retrieved November 18th, 2021 from: http://cedoc.inmujeres.gob.mx/documentos_d ownload/100903.pdf UNDP. (2015). Sustainable Development Goals (SDGs). Retrieved November 18th, 2021 from: https://www.undp.org/SDGs_Booklet_Web_En UNFPA. (2004). Programme of action. Adopted at the International Conference on Population and Development, Cairo 5–13 September 1994. United Nations Population Fund 2004. Retrieved November 18th, 2021 from: https://www.unfpa.org/sites/default/files/event-pdf/PoA_en.pdf

CHAPTER 5

Building a Democracy with a Gender Perspective: Mexico’s Judicial Path Toward Equality Gema Morales Martínez

Introduction Building an inclusive and efficient democracy requires fulfilling certain conditions that provide opportunities to society in diverse areas and contexts. Among these opportunities, the right to vote, accountability, equality and gender parity stand out. Mexico has found itself in need of rules at the national and local levels, including a set of norms for electoral authorities to work with in promoting a more equal society. New rules were created in order to fulfil the constitutional mandate related to gender parity in government institutions and were subsequently challenged in court by different political actors, giving way to court rulings that guarantee compliance with the constitutional mandate on gender

G. Morales Martínez (B) Querétaro, Mexico e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_5

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parity. These norms now go beyond nominations alone and can be applicable for appointees, and other positions within government (i.e. electoral magistrates). This chapter presents a brief overview of the different judicial changes related to gender parity in Mexico, and their evolution to date. It addresses the regulations on gender parity at the state and municipal levels, as well as includes affirmative actions, such as gender quotas, at the federal level. Finally, it reviews some of the most crucial court rulings that have contributed to strengthening Mexico’s democracy with a gender perspective.

The Long Road Toward Gender Parity In Mexico, gender parity dates back to the early twentieth century. Francisco I. Madero’s anti-re-election campaigns had the support of women, calling on the people to rise up in arms against the presidential re-election of Porfirio Díaz. Following that, in 1911, a group of feminist women presented a letter to the then provisional president, Francisco León de la Barra, arguing for their right to vote. Among other historical milestones, the first national feminist congress set important precedents. Delegates asked for equal rights for women in terms of their election to administrative positions. One of the most important consequences of this congress came with the approval, in 1924, of a law in the state of San Luis Potosí allowing women to read and write in order to participate in the 1924 and 1925 municipal and state elections. Equally important was the establishment of the Mexican Women’s Front during the presidential campaign of Lázaro Cárdenas and the creation of the United Front for Women’s Rights, which incorporated thousands of women into the right to vote movement. Of note as well are the creation of the Inter-American Women’s Committee for Democracy, which supported the Mexican government’s foreign policy position regarding the Spanish Civil War, and the creation of the National Women’s Alliance, an organization that fought for women’s right to actively participate in politics on equal terms with men. The Alliance fought for women’s right to vote and run for office in the municipal elections of 1947. Gender parity in Mexico became more important when finally, in 1953, women gained the right to vote and run for office. Other advances were achieved thereafter, such as the election of the first federal female deputy,

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Aurora Jímenez de Palacios (representative of Baja California), in 1954, followed by the election of other congresswomen to the XLIII Congress. The first female deputy from an opposition party, Macrina Rabadán, was elected in 1958 (Popular Socialist Party). In 1964, Alicia Arellano Tapia (Sonora) and María Lavalle Urbina (Campeche) were the first women to be elected to the Senate. Lavalle even became president of the Senate in 1979. In the same year, Griselda Álvarez Ponce de León became the first female governor, heading the state of Colima; and, in 1988, Ifigenia Martínez Hernández became the first female senator from an opposition party to be elected. Later on, in 1993, gender quotas were enforced, followed by the creation, in 1996, of the National Program for Women under the supervision of the Secretary of the Interior. The new century brought significant institutional changes. In 2001, the National Institute of Women was founded and, in 2002, important reforms to the Federal Code of Electoral Institutions and Procedures (COFIPE, for its initials in Spanish) commenced. For instance, one mandate started requiring political parties to register at least 30% female nominees on proportional lists, as well as to ensure the nomination of one woman for every three men on every tier of proportional representation lists. In 2006, the General Law for Equality between Women and Men was published. Among many important changes, this new law established the legal bases for the coordination, collaboration and consultation between the three branches of government in order to guarantee political equality. That same year, Patricia Mercado was nominated to the presidency by the Social Democratic Alternative Party. In 2009, the Mexican Federation of University Women (FEMU, for its initials in Spanish) was founded and, with it, a project to build the National Women’s Museum. Among the most recent affirmative actions, in 1996, article 22nd of COFIPE was modified. Political parties were told they could not have more than 70% of nominations from the same gender and were obligated to promote women’s political participation. Later, in 2008, a new amendment to the law was introduced and the gender quota was modified again. No party could have more than 60% of nominations from the same gender, with the exception of nominees to single-member districts, who are elected using a direct process rather than lists. In 2011, the Federal Electoral Court (TEPJF, for its initials in Spanish), the highest court in the land on electoral issues, delivered ruling SUP-JDC-12624/2011, which forced political parties to register people of the same gender for both the main nomination and for substitutes that

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take office if the elected official is disabled; this practice is also known as formulas or joint tickets (Vidal-Correa, 2014). Later, in 2013, the local Congress in Chihuahua implemented gender parity in legislative nominations for the first time in order to comply with ruling SG-JDC-48-2013, which harmonized the local constitution with local electoral law. In Mexico, the path toward gender parity has been gradual, but substantial. In 1996, the quota was set at 70% and, by 2007, was lowered to no more than 60%. By 2014, the Federal Electoral Court ruled that political parties must nominate women for half of their eligible positions, including local officials, the senate and municipal presidencies. The 2015 elections were the first in which women competed on equal terms, at least regarding nominations. To this end, at the local level, electoral institutes established guidelines surrounding the application of gender parity rules for nominations. These institutions were also responsible for keeping records and making necessary adjustments to fully apply gender parity rules. Similarly, at the federal level, the National Electoral Institute (INE, for its initials in Spanish) verified that nominations met the following requirements: (1) joint tickets with nominees of the same gender, (2) 50% of nominees were women, and (3) parties did not nominate women in districts in which they had obtained a low voter turnout in the previous election. In total, 4,496 nominees were registered for the elections, of which half were women and half were men (2,248 each). In this same election, 12 women ran for governor in eight states. There were two female candidates in Campeche, one in Colima, three in Guerrero, two in Michoacán, one in Nuevo León, one in Querétaro, one in San Luis Potosí and one in Sonora. Only one won, Claudia Pavlovich, in Sonora. In 2016, 14 more women ran for governor in eight states. Two in Aguascalientes, one in Durango, one in Hidalgo, three in Puebla, one in Sinaloa, three in Tlaxcala, one in Veracruz and two in Zacatecas. None won in this instance. In addition, of the 549 municipal presidencies up for election, women were elected in 146, representing a 12.84% increase compared to 2015. Despite great advances, much remains to be done. For example, in 2008 the gender quota increased to 60%, but exceptions were still admitted. In government, some positions are yet to be truly challenged. Between 1982 and 2012, only five women have run for president: Rosario Ibarra, who ran in 1982 and 1988 for the Revolutionary Workers Party; Cecilia Soto for the Labor Party in 1994; Marcela Lombardo, also in

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1994, for the Popular Socialist Party; Patricia Mercado in 2006 for the Alternative Social Democratic and Peasant Party, and Josefina Vázquez, in 2012, for the National Action Party. Vazquez Mota is the only woman to have received a nomination from one of the country’s largest political parties. This overview demonstrates the steps that have been taken in terms of gender parity and how, little by little, a democracy with a gender perspective has been built. Some of the most important steps have come in the form of court rulings on electoral issues. The following sections provide insight into some of the most significant ones, which have operationalized gender parity laws. Many of these rulings are unique to Mexico, such as decisions on parity in proportional representation lists or debates surrounding the concept of gender when it comes to transgender people and the application of laws that benefit this group.

Changes and Contributions from Local Elections Local electoral authorities have published different guidelines and rules on gender parity in order to promote women in local governments. Some of these guidelines set the standard at the national level. Others stand out for the complexity of their implementation, giving way to court challenges. The rulings derived from these proceedings have helped strengthen regulations and promote the construction of a democracy with a gender perspective. By way of example, circumstances that developed at the local level and then resulted in innovative regulations are explored below. In 2015, the Superior Chamber of the TEPJF ruled on case SUPREC-294/2015. That decision modified the Xalapa Regional Chamber’s initial ruling, which favored political parties (court case SX-JRC114/2015), and revoked agreement IEPC/CG/A-07/2015 from the General Council of the Institute of Elections and Citizen Participation in the state of Chiapas. The Council’s agreement and the Xalapa Regional Chamber’s ruling allowed political parties to register nominees to local congressional elections, as well as to city councils, without complying with gender parity rules. The IEPC gave the parties and coalitions involved 48 hours to make the pertinent adjustments and thereby comply with gender parity regulations. In said election, gender parity regulations in the state of Chiapas were more advanced than in many other states. These regulations incorporated

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enforcement of gender parity in all nominations to the local congress, including for single-member districts and those elected using lists or proportional representation. Furthermore, gender parity became applicable to city council nominees; joint tickets had to be composed of people of the same gender and, in the case of an odd number of nominations, more women had to be included. Finally, women’s nominations could not be exclusively allocated in districts where parties had low voter turnout in previous elections; proportional lists had to be composed using segments of two candidates, one from each gender, and 50% of nominations for council members had to be women (also known as horizontal parity). Despite this federal court mandate, parties and local authorities were lenient, and the rules were often broken. The State Electoral Council allowed for the registration of candidates for local elections without complying with the parity rules, generating irregularities in the electoral process. The Superior Chamber of the TEPJF ruled that the IEPC councilors in the state of Chiapas were responsible for these irregularities. In 2016, INE removed three councilors from the State Electoral Council, two women and one man (resolution INE/CG80/2016). Subsequently, INE issued resolution INE/CG379/2016, dismissing the remaining councilors and appointing new ones (resolution INE/CG447/2016). In 2015 in the state of Morelos, the Institute of Electoral Processes and Citizen Participation (IMPEPAC, for its initials in Spanish) issued an agreement on gender parity with rules for all actors to follow when registering nominations to city councils, municipal governments and labor unions. This same agreement set a minimum of at least 50% of women nominees. The National Action Party (PAN), the Democratic Revolution Party (PRD) and the Morelos Social Democratic Party (PSDM) contested the agreement, arguing that gender parity was only applicable to council positions. The Morelos Congress issued an opinion on how to read Article 180 of the local electoral code. The Congress pointed out that rules on gender parity did not apply to municipal government and labor union nominations. The PSDM contested this opinion in the Superior Chamber of the TEPJF. That ruling, supported the IMPEPAC agreement, validated gender parity rules for city council, municipal government and labor union nominations, in an act of so-called vertical parity. Additionally, the ruling specified that 50% of the slots had to be filled with female nominees, thus applying so-called horizontal parity. In Querétaro’s 2014–2015 local elections, constitutional changes were applied for the first time, forcing political parties to register at least 50%

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female nominations across the board. Local electoral authorities had to establish clear guidelines for the application of constitutional rules. The State of Querétaro’s Electoral Institute (IEEQ) issued specific guidelines regarding how gender parity should be understood for deputy and municipal nominations. These rules were challenged by the PRD, Encuentro Social Party and Morena Party. The local Electoral Tribunal (TEEQ) modified the contested agreement in order to ensure that political parties complied with the rules. Parties were directed to: a. nominate a woman in the first position on proportional representation lists for local councilors b. nominate a woman in the first position on proportional representation lists for local deputies c. register eight women and seven men in single-member districts for local congress elections However, the TEEQ decision was contested again, this time in the Monterrey Regional Chamber of the TEPJF. This court ruled that the TEEQ did not properly support the aforementioned decision. The Regional Chamber, in its ruling SM-JDC-0287-2015, argued that: In order to overcome resistance on the part of political parties and their unremitting decision to place women at the bottom of their lists, where nominees generally do not have a chance at election, the local congress required them to alternate between men and women on the list (calling this practice ‘zipping’). On these lists, places must be assigned alternately, so that one person of each gender is included. Congress also prohibited parties from only nominating women to districts that they lost in the last electoral round. Congress applied these measures transversally to all nominations in order to encourage female participation. Political parties were obligated to apply gender parity rules even to their internal selection processes.

The Regional Chamber also established that the Local Council had to consider the following measures: A. Legislative bodies – The number of deputies assigned to each party will be calculated using the election results

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– Once completed, the order of the lists—man-woman or vice versa—must be followed – Once this allocation process is concluded, adjustments that guarantee congress’s equal composition should be conducted as many times as necessary, beginning with political parties that, proportionally, have fewer elected deputies of the underrepresented gender in the local congress – If several parties do not have women in single-member districts or have the same number of women elected, the above will be done beginning with the party that received the least votes B. City councils – Using the election results, council membership will be allocated using party lists that will be followed as names were registered, as long as this guarantees gender parity in the composition of city council – If the list order does not guarantee compliance with parityrelated rules, the position will be assigned to the candidate who is registered in the next position on the list, and then subsequently alternating between genders After this, the Superior Chamber of the TEPJF confirmed the ruling of the Monterrey Regional Chamber. The Superior Chamber concluded that: Measures adopted by the Queretaro Congress did not clearly establish political parties’ obligations to comply with parity rules for the nomination of city council members. No clear rules were published to guarantee not only vertical, but also horizontal parity. The original rules did not include municipal presidencies. Because of this, the Regional Chamber considered it necessary for the local electoral institute to establish gender parity criteria, including affirmative actions that can be used to guarantee horizontal parity in city council nominations, in order to achieve efficiency and optimization in the enforcement of gender parity rules. To this end, the local electoral institute required parties to nominate nine candidates of each gender for city councilor positions.

In April, with campaigns running, ruling SUP-REC-081-2015 ordered the observation of the aforementioned provisions. Political parties were

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told to comply with them and, as a consequence, some candidates were removed from the race to make way for women candidates. Another important case developed in the context of local elections in the state of Nuevo León. The Monterrey Regional Chamber modified a local ruling issued by the State Electoral Commission of Nuevo León (CEENL, for its initials in Spanish) and then modified by the local electoral court. The Regional Chamber established that political parties could set their own criteria to comply with parity rules and refuse registrations when the rules were not followed. Alternating gender in proportional representation lists for city councilors was allowed. In addition, at least 50% of the single-member district nominations had to be filled with female candidates, and women’s formulas had to be registered in at least half of the competitive districts.

Other Rulings and Debates on Gender Parity Court rulings on gender parity are another important factor in the making of Mexico’s democracy with a gender perspective. Clarifying the rules of the game, especially when they are not entirely specific, boosts women’s political participation. Among the most important court rulings, one connected to the Protocol to Address Political Violence Against Women stands out. It originated from Jurisprudence 48/2016 and is a tool for electoral authorities to detect cases of political violence and administer legal consequences. Gender-based political violence must meet the following criteria: (1) occur when the individual exercises his or her political and/or electoral rights or public office, (2) be carried out by the State, its agents, hierarchical superiors, work colleagues, political parties or their representatives, the media, an individual or group of people, (3) be symbolic, verbal, patrimonial, physical, sexual and/or psychological, (4) intend to undermine or nullify the recognition, enjoyment and/or exercise of political and/or electoral rights and (5) be based on gender, that is, directed at women due to the fact of being women, and disproportionately affect women. In 2017, Delfina Gómez, a Morena party candidate for the governorship of the State of Mexico, filed a complaint arguing that she had experienced gender-based political violence. The case reached the Superior Chamber of the TEPJF. The candidate commented that the violence happened on three occasions: First when former president Felipe Calderón published a tweet that read, “Is Delfina a proper name? Or is

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she called that because that’s how her boss, the person who nominated her, treats her?” The second when the president of the PAN, Ricardo Anaya, commented that Delfina was a “puppet” of Higinio Martínez and Andrés Manuel López Obrador. The third instance happened when, in a press release, the president of the PRI, Enrique Ochoa, commented that Delfina could not campaign alone and needed someone to tell her what to do. In resolution number SUP-JDC-383/2017, the TEPJF ruled that these comments did not attack Delfina Gómez for being a woman or limit her political and/or electoral rights as a candidate. Additionally, the TEPJF said that freedom of expression and political debate should be guaranteed during the electoral process. Ruling SUP-JDC-369/2017 addressed the question of whether parity rules are applicable to partisan leadership elections. The case reached the Superior Chamber of the TEPJF in the context of elections for the leadership of one political party. Party members requested the intervention of the Superior Chamber to analyze whether party norms complied with constitutional rules on gender parity and, if not, to order modifications so that women could access party leadership on equal terms. The ruling stated that the party is obligated to enforce parity rules and promote the political participation of women and men under equal conditions so that women have access not only to public office, but also to party leadership positions. With this, parity rules went beyond the composition of government bodies to regulate the composition of parties’ decisionmaking bodies. The Superior Chamber also stated that parties would have to create the necessary measures and rules to guarantee parity in the election of their leadership. In another 2016 court case, the Superior Chamber of the TEPJF issued ruling SUP-REC-70/2016, which addressed events in Tlaxcala surrounding the registration of nominees. The Superior Chamber ordered the Movimiento Ciudadano (MC) party and the PRD to substitute nominees in order to comply with gender parity rules. Parties were given 24 hours to do so. In addition, the Superior Chamber ordered the electoral authority of the state of Tlaxcala to register new nominees within 24 hours, after verifying their eligibility. The Superior Chamber notified the National Electoral Institute, stressing political parties and council members’ breach of gender parity norms. As for the Morena party, the contested resolution was revoked, confirming the obligation to comply with gender parity rules.

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Concerning compliance with parity rules in party coalitions, ruling SUP-REC-1198/2017 resolved as follows: The Electoral Tribunal of Coahuila confirmed that, as long as their nominations comply with local norms on gender parity, coalition nominations could be registered. In this case, the coalition had submitted lists with women in first position, nominating women in more than 50% of the state’s municipalities distributed equally. However, other political parties did not agree, and one party took the case to the Monterrey Regional Chamber. Dissatisfied with the resolution, the matter was then elevated to the Superior Chamber, which ruled that the local institute’s guidelines complied with gender parity rules. Furthermore, the Superior Chamber determined that these rules maximize the rights of women to access elected office, and the local Electoral Tribunal’s decision was upheld. Finally, the Superior Chamber recognized the local electoral authorities’ good work in terms of having analyzed the nominations individually. In the context of these same elections, specifically for council members of the Múzquiz municipality, the dilemma arose as to whether proportional representation lists should only be adjusted when women, rather than men, were to be assigned using proportional representation to comply with gender parity rules. The Monterrey Regional Chamber, in ruling SUP-REC-1279/2017, came down in favor of any adjustment intending to increase women’s presence in government bodies. One ruling from the state of Tlaxcala marked a way forward in the country regarding gender parity. There, the Socialist Party held its third congressional session in the state; changes to the party’s statutes were approved and the party’s decision-making bodies were elected. Because the session was held without the quorum required by the party’s rules, the Electoral Tribunal of Tlaxcala declared the session null and void and it had to be reconvened. Additionally, the Tribunal ordered the party to comply with gender parity rules in the election of its party leadership. The case reached the Regional Chamber of Mexico City, which upheld the local court’s decision. An appeal, case number SUP-REC-1319/2017, advanced to the Superior Chamber, which upheld the Mexico City Chamber’s ruling, arguing that political parties have a constitutional obligation to protect and guarantee the rights of women. The Chamber also ruled that parties have the obligation to comply with gender parity rules, which apply to the composition of their internal decision-making bodies. Both male and female political party members must be guaranteed the right to participate under equal conditions in elections for internal and partisan

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leadership. These rulings allow for the effective participation of women in party activities without contravening political parties’ self-determination. Another relevant local-level ruling came from the Superior Chamber of the TEPJF (case number SUP-JDC-993/2017) on whether gender parity rules are breached when public calls are made to fill a position in a government body that already has a female majority. The case was brought to the Superior Chamber based on an electoral process in one of the local electoral institutes. The General Council of the Institute, which had four councilwomen and two councilmen, published a public call to fill a vacancy. A dissatisfied contender alleged that gender parity and non-discrimination rules were flouted, arguing that the local electoral institute was illegally composed as it already had a majority of councilwomen. Therefore, any public call to fill the vacant seat would have to be directed to male candidates alone. The Superior Chamber pointed out the need to consider the structural inequality that women face such that the constitutional concept of gender parity recognizes the disadvantage that women have historically experienced. For this reason, the constitutional concept of parity does not work in favor of men. In Jalisco, the Electoral and Social Participation Code established that nominations in single-member districts should come in the form of a joint ticket with people of the same gender. Subsequently, the Jalisco Electoral and Citizen Participation Institute (IEPCJ, for its initials in Spanish) approved a change to the rule, establishing that when a male candidate leads the ticket, the other nominee may be of either gender, but when a female candidate leads the ticket, both have to be female. This was established to prevent a male nominee from replacing the female lead after the election, as had happened in 2009. The Superior Chamber (in case number SUP-REC-7/2018) authorized this change, arguing that mixed gender tickets maximize women’s political opportunities. Regarding identity-based groups, the electoral authorities also created a legal system that guarantees the application of gender parity rules. Specifically in the case of indigenous peoples, INE advanced affirmative actions that political parties must comply with when registering indigenous peoples’ candidacies. For single-member districts, political parties must nominate people who self-identify as indigenous in 12 of the 28 districts with an indigenous population over 40%. In addition, in 12 municipalities with indigenous populations over 40%, parties have to register six women and six men. This was challenged along the way when various political parties and individual citizens asked the Superior

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Chamber to review these affirmative actions. The Superior Chamber (in case number SUP-RAP-726/2017) affirmed these gender-related affirmative actions, but modified those related to indigenous nominations. It established that parties should exclusively nominate indigenous candidates in 13 electoral districts to optimize the participation of indigenous people and communities. Actions taken with regard to transgender people are also part of this discussion. The General Council of the Electoral Institute of Citizens’ Participation of the State of Oaxaca (IEEPCO, for its initials in Spanish) annulled the registration of 17 nominees for municipal presidencies, arguing that gender parity rules do not apply to people who self-identify as transgender women, but whose biological sex is male. Therefore, gender parity rules aimed at protecting women do not apply to this group since the Council ruled that these candidates self-identified as transgender women to avoid complying with gender parity rules. The Council also applied sanctions to the political parties that had endorsed these nominations. Related discussion revolved around the necessity of demonstrating one’s gender identity or if self-identification is enough for the application of gender parity regulations. The Superior Chamber ruled (in case number SUP-JDC-304/2018) that self-identification is sufficient because the State cannot question gender identity. However, it also decided that, in 15 out of the 17 cases, those who self-identified as transgendered women had first attempted to register as men and, when local electoral authorities began examining a lack of compliance with gender parity rules, they requested to be registered as transgender women. Thus, the Superior Chamber doubted the authenticity of the petition, from which the candidates sought to gain and infringe upon women’s right to access nominations on equal terms. The Superior Chamber decided that two of the nominations would proceed since the candidates self-identified as transgender women before initially registering. Finally, INE approved guidelines on gender parity that outline socalled “3 out of 3” regulations against gender violence in October 2020. These new regulations, which apply to the 2021 elections, compel all parties and candidates to observe the following rules: (1) candidates must not owe alimony, (2) candidates must not have been sentenced for sexual harassment and (3) candidates must not have been sentenced for crimes related to inter-family or political violence. These measures seek to prevent, address, punish, repair and eradicate political violence against

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women. The guidelines are intended to ensure conditions of equality and to guarantee women’s political and electoral rights.

Outcomes in Federal and Local Congressional Elections In 2014, the constitutional mandate on gender parity was approved for all federal nominations. With it, federal laws mandate parties to register tickets with candidates of the same gender. On proportional representation lists, candidates must alternate in such a way that the order is female/male or male/female. Single-member districts, regardless of whether nominations are the outcome of parties’ internal electoral processes, must comply with gender parity rules. Furthermore, parties cannot register women in low voter turnout districts. Immediate results were observed in the 2015 federal elections: the Chamber of Deputies was composed of 212 congresswomen (42.4%) and 288 congressmen (57.6%). For comparison, in 2012 with a gender quota capping nominations at 60%, women won 37.8% of the seats. In 2015, with new gender parity rules, the percentage increased by 4.6. The 2018 electoral results were the most equal in the country’s political history in terms of congressional gender composition. 241 women (48.2%) and 259 men (51.8%) were elected to the Chamber of Deputies. In the Senate, 63 women (49.2%) and 65 men were elected (50.7%). At the local level, between 2014 and 2015, the number of women in local congresses increased, going from an average of 25.76% of congresswomen in 2014 to 42.9% in 2015, that is, a 17.23% increase. In 2016, the number of women in local congresses increased even more, representing about 44.35% of local legislators. In 2015, there were elections in 17 states and women won 30% of local congressional seats in five states. In three states, women won more than 40% of local congressional seats and five local congresses were almost equally composed of men and women. Percentages range from 40 to 49% of congresswomen in Baja California Sur, Jalisco, Sonora, Tabasco, Yucatán, Mexico City, Michoacán and Guanajuato. In three states, local congresses had more congresswomen than congressmen (Chiapas 59%, Campeche 54.9% and Querétaro 52%).

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Conclusions Mexico is, without a doubt, living through a historic moment in terms of women’s political representation. Years of struggle for greater visibility, equality and participation are, little by little, resulting in positive results. It is important to be aware of these changes and how gaps between men and women are gradually being closed. Even given these important steps toward a more equal society, structural and institutional obstacles remain. Within political systems themselves, it is of the utmost importance to identify where impediments originate and to understand why agreements that could potentially help improve women’s inclusion in Mexican politics lack. The number of court cases that have arisen around this effort is a clear reminder that some actors and positions resist or fail to accept implemented institutional and constitutional changes. While gender parity policies together with gender quotas have successfully granted women access to politics, which is certainly a sign of progress, much remains to be done. Institutional change is not enough and must be accompanied by women’s active and continuous participation. Norms have been key in the implementation and regulation of gender equality in Mexican politics. However, guaranteeing the composition of congresses and parties’ leadership bodies must be accompanied by the continuous promotion of female leadership, along with activities and agendas that promote the empowerment of women at the local and national levels. History is created between men and women and this joint task is necessary for a more inclusive, agile and efficient democracy that grants full political and electoral rights to every citizen.

References Electoral Tribunal of the Federal Judicial Branch. Blog. Infographic. Gender Parity. Judge Reyes Rodríguez Mondragón position. https://www.te.gob. mx/blog/reyes/front/infografías/index/. Accessed June 11th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2011). Action for the protection of political and electoral rights of the citizen. Proceedings: SUPJDC-12624/2011 and accumulated. https://www.te.gob.mx/colecciones/ sentencias/html/SUP/2011/JDC/SUP-JDC-12624-2011.htm. Accessed November 12th, 2020.

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Electoral Tribunal of the Federal Judicial Branch. (2013). Action for the protection of political and electoral rights of the citizen. Proceedings: SG-JDC-48/2013, SG-JDC-49/2013, SG-JDC-50/2013 and SGJDC-51/2013. https://www.te.gob.mx/salasreg/ejecutoria/sentencias/gua dalajara/SG-JDC-0048-2013.pdf. Accessed August 5th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2015). Collections. Court Rulings. https://www.te.gob.mx/colecciones/sentencias/html/SUP/2015/ REC/SUP-REC-00081-2015.htm. Accessed December 7th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2015). Appeal for reconsideration. Proceedings: SUP-REC-294/2015 https://www.te.gob.mx/col ecciones/sentencias/html/SUP/2015/REC/SUP-REC-00294-2015.htm. Accessed November 12th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2015). Trial of electoral constitutional review. Proceedings: SX-JRC-154/2015. https://www.te.gob. mx/salasreg/ejecutoria/sentencias/xalapa/SX-JRC-0154-2015.pdf. Accessed September 13th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2015). Action for the protection of political and electoral rights of the citizen. Proceedings: SXJRC-154/2015. https://www.te.gob.mx/salasreg/ejecutoria/sentencias/xal apa/SX-JRC-0154-2015.pdf. Accessed November 12th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2015). Appeal for reconsideration. Proceedings: SUP-REC-81/2015. https://www.te.gob.mx/col ecciones/sentencias/html/SUP/2015/REC/SUP-REC-00081-2015.htm. Accessed August 5th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2015). Appeal for reconsideration. Proceedings: SUP-REC-081–2015. https://www.te.gob.mx/col ecciones/sentencias/html/SUP/2015/REC/SUP-REC-00081-2015.htm. Accessed October 22th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2015). Action for the protection of political and electoral rights of the citizen and constitutional revision. Proceedings: SM-JDC-287/2015 and accumulated SM-JDC-0287–2015. https://www.te.gob.mx/colecciones/sentencias/html/SM/2015/JDC/SMJDC-00287-2015.htm. Accessed September 13th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2016). Appeal for reconsideration. Proceedings: SUP-REC-70/2016. https://www.te.gob.mx/col ecciones/sentencias/html/SUP/2016/REC/SUP-REC-00070-2016.htm. Accessed October 22th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2017). Action for the protection of political and electoral rights of the citizen and constitutional revision. Proceedings: SUP-JDC-383/2017 https://www.te.gob.mx/colecciones/ sentencias/html/SUP/2017/JDC/SUP-JDC-00383-2017.htm. Accessed August 5th, 2020.

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Electoral Tribunal of the Federal Judicial Branch. (2017). Action for the protection of political and electoral rights of the citizen and constitutional revision. Proceedings: SUP-JDC-369/2017. https://www.te.gob.mx/colecciones/ sentencias/html/SUP/2017/JDC/SUP-JDC-00369-2017.htm. Accessed September 13th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2017). Appeal for reconsideration. Proceedings: SUP-REC-1198/2017. https://www.ieepuebla.org. mx/2017/CRITERIOSPARGEN/3_1_SUP_REC_1198_2017_SUP_REC_ 1201_2017_SUP_REC_1202_2017_Y_SUP_REC_1203_2017_ACUMUL ADOS.pdf. Accessed September 13th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2017). Appeal for reconsideration. Proceedings: SUP-REC-1279/2017. https://www.te.gob.mx/col ecciones/sentencias/html/SUP/2017/REC/SUP-REC-01279-2017.htm. Accessed November 12th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2017). Appeal for reconsideration. Proceedings: SUP-REC-1319/2017. https://www.te.gob.mx/col ecciones/sentencias/html/SUP/2017/REC/SUP-REC-01319-2017.htm. Accessed October 22th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2017). Action for the protection of political and electoral rights of the citizen. Proceedings: SUPJDC-993/2017. https://www.te.gob.mx/EE/SUP/2017/JDC/993/SUP_ 2017_JDC_993-686940.pdf. Accessed September 13th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2017). Appeal for reconsideration and action for the protection of political and electoral rights of the citizen. Proceedings: SUP-RAP-726/2017 Y ACUMULADOS. https://www.te.gob. mx/colecciones/sentencias/html/SUP/2017/RAP/SUP-RAP-00726-2017. htm. Accessed September 13th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2018). Appeal for reconsideration. Proceedings: SUP-REC-7/2018. https://www.te.gob.mx/colecciones/ sentencias/html/SUP/2018/REC/SUP-REC-00007-2018.htm. Accessed November 12th, 2020. Electoral Tribunal of the Federal Judicial Branch. (2018). Action for the protection of political and electoral rights of the citizen. Proceedings: SUP-JDC-304/2018. https://www.te.gob.mx/colecciones/sentencias/ html/SUP/2018/JDC/SUP-JDC-00304-2018.htm. Accessed September 13th, 2020. Electoral Tribunal of the Federal Judicial Branch. (n.d.). Lorena Cuéllar Cisneros and other vs. Tlaxcala Electoral Tribunal and others. Political violence for gender reasons. https://www.te.gob.mx/genero/media/pdf/428efb100541 d58.pdf. Accessed August 5th, 2020. General Council of the National Electoral Institute. (2015). Resolution approved by the General Council of the National Electoral Institute, regarding the

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procedure for removal of councilors. Proceedings ut/scg/prce/cg/17/2015 and accumulated https://repositoriodocumental.ine.mx/xmlui/handle/123 456789/84896. Accessed October 22th, 2020. General Council of the National Electoral Institute. (2016). Proceedings. UT/SCG/PRCE/CG/17/2015 and accumulated (INE/CG379/2016). https://repositoriodocumental.ine.mx/xmlui/bitstream/handle/123456 789/81397/CGex201605-18-rp-5.pdf?sequence=1. Accessed November 12th, 2020. Mexican Institute for Competitiveness. (2018). Gender parity in the legislative branch. https://imco.org.mx/informe-legislativo-2018-paridad-generopoder-legislativo-2/. Accessed July 23th, 2020. National Electoral Institute. (n.d.). Gender parity. https://igualdad.ine.mx/par idad/. Accessed October 16th, 2020. Vidal-Correa, F. (2014). Federalism and gender quotas in Mexico: Analysing propietario and suplente nominations. Representation, 50(3), 321–335.

CHAPTER 6

Perspectives on Parity in Mexican Federal Legislators, 2009–2021: Gender, Ideology, and Party Affiliation Mónica Montaño Reyes

and Cristian Márquez Romo

Introduction In recent years, much literature has developed on the representation of women in politics. In political science, it has arisen out of the fact that women were granted the right to vote in the mid-twentieth century (Duverger, 1955), and the development of international agreements on women’s human rights, as well as the implementation of affirmative actions that promote women’s access to higher political positions, like in Argentina in 1991. The literature is extensive and, although research results were initially disseminated in reports from international

M. Montaño Reyes (B) Department of Political Studies, University of Guadalajara, Guadalajara, Mexico e-mail: [email protected] C. Márquez Romo Ibero-American Institute, University of Salamanca, Salamanca, Spain e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_6

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organizations (Ríos, 2008; Shvedova, 2002), little by little, related analyses began to appear in political science journals (Kang et al., 2008). These studies most commonly take a neo-institutionalist approach since political-electoral reforms are seen as effective at increasing women’s presence in representative spaces despite cultural resistance (Lizbona Cohen, 2011; Peña Molina, 2014). Reference is also often made to theories of sociological representation or expanding democracy as elements that justify these rules (Pitkin, 1967; Freidenberg & Lajas, 2015). On the other hand, the culturalist perspective and its consequences have also taken on more qualitative relevance when it comes to women’s participation, especially in the face of gender-based political violence; it focuses on prejudices and the symbolic construction of women in the exercise of political leadership (García Beaudoux, 2014). To contribute to the existing literature, this article explores elites’ opinions regarding the issue of parity. An elite political class exists in all societies and is characterized by being an organized minority group (Mosca, 1995); in most studies on its motivations (Payne, 1972) or political culture (Putnam, 1973), the profession’s strategic approach, which aims at its conservation and professionalization, predominates. Analysis of political trajectories (Norris, 1997) has also been a very relevant analytical framework for characterizing and anticipating elites’ performance. However, although it has not been properly conceptualized as part of elites’ “political culture,” and has instead been called “elite opinion” (Legnante, 2005), some attitudes and beliefs held by politicians may influence public debate, which in this chapter is called the “parity perspective.” Within the parity perspective, we include all opinions from legislators that have to do with the importance of parity and women’s political participation. Responses to various questions from the Mexican political elite on parity were analyzed. Only responses from legislators that belong to the Mexican political parties PRI, PAN, PRD, and MORENA were analyzed because they have the greatest number of seats, allowing for analysis at the party level. Most of the responses analyzed are more contemporary (2009–2021), except when it comes to responses about abortion, which date back to 1994. Thus, the independent variables analyzed included political party, gender, and ideology. We analyze how much they influence a gender perspective, grouped by legislators’ positions on the following questions: (1) How important is the issue of equality between men and

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women for the country? (2009–2018) (2) Are women able to access positions of power equally within your political party? (2009–2021) (3) Should the State implement public policies to reduce gender inequalities? (2009–2021) (4) Position in favor or against abortion (1994–2021). To respond in this study, frequencies with chi2 tests were carried out in order to identify relationships between these opinions and personal factors (gender, age, ideology) and structural factors (years in the legislature, political party). In the first part, we offer a brief literature review, followed by an analysis of parity as a relevant issue among legislators. We then analyze perceptions surrounding obstacles to party leadership, the State as guarantor of equality, and the issue of abortion.

Beliefs, Motivations, or Elite Political Culture: Parties and Ideology While citizens have been studied in terms of their political culture (opinions, values, motivations), when studying politicians, more weight is given to how they use discourse strategically. However, Mosca (1995) and Pareto (1935) considered “the elements” and “qualities” needed for certain elites to remain in power, while others fade, since they are in constant transformation. Putnam, based on Dahl, conducted a study on the beliefs politicians hold (1978) to demonstrate how individuals’ beliefs influence regimes. On the other hand, Payne (1972) concluded that, although motivations are important for politicians to professionalize, politicians’ behavior is more influenced by conjunctural and strategic issues than by personal motivations. Despite debate around how politicians’ opinions influence their behavior, they are undoubtedly an important component of any country since, as a small and organized group, they reinforce and share certain positions regarding public issues. Starting from this assumption, and that politics is exercised as collective action in political parties, councils, legislative committees, and plenary sessions, it becomes important to analyze the importance of values and ideology. In his theoretical review of the literature on values, Cortés Guardado (2019) cites two key definitions for understanding the importance of politicians’ beliefs or opinions. The first is functional and comes from Talcott Parsons who considers that “An element of a shared symbolic system which serves as a criterion or standard for selection among the alternatives of orientation which are intrinsically open in a situation may

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be called a value” (1991, p. 7). Thus, a value is a guiding criterion for social action. On the other hand, Milton Rokeach proposes a more substantial definition by defining values as “an enduring belief that a specific mode of conduct or end state of existence is personally or socially preferable to an opposite or converse mode of conduct or end state of existence” (1973, p. 2). Thus, the members of the political class analyzed in this chapter are relevant in that the importance they assign to the issue of parity can influence and guide certain debates within the Chamber of Deputies. Regarding the conceptualization and use of political ideologies, Heywood (2012) offers one of the best analyses. For him, “Political ideas are not merely a passive reflection of vested interests or personal ambition, but have the capacity to inspire and guide political action itself and so can shape material life” (p. 2). Ideas and ideologies influence political life in different ways, including structuring political knowledge, inspiring activism, and shaping the nature of political systems. According to Heywood (2018, p. 4), the study of ideology goes back to the philosopher Destutt de Tracy (1754–1836) who referred to idéologie as a new science of ideas. However, as Heywood himself mentions, the term was previously defined, in the nineteenth century, by Marx and Engels as ideas that originate in the ruling class and serve to perpetuate exploitation. To offer an operational definition of “ideology,” Heywood describes it as a “set of ideas that provides a basis for organised political action, whether this is intended to preserve, modify or overthrow the existing system of power relationships” (2018, p. 4). It contains the following elements: (1) it offers an interpretation of the world (2) it provides a model of a desired future, a vision of the good life, and (3) it highlights how political change can and should be brought about. It also classifies those on the “left” and “right,” the oldest, and the ones that have been best understood for positioning political ideas. With origins in the French Revolution, specifically the Estates-General of 1789, the terms “left” and “right” referred to the opposition between revolution and reaction, radicals and aristocrats. The left was identified with change, based on a belief in progress, while the right was seen as resisting change and defending the status quo in favor of stability. There are other constructions in terms of the economy. The left is considered more prone to intervention and collectivism, while the right favors the market and individualism. Bobbio (1996) saw the main difference between left and right in terms of attitudes toward equity. In this

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sense, the left seeks out elements that lead to equity, while the right considers it unattainable. Although other views and conceptualizations on the left and right see things in terms of a horseshoe or on the Cartesian plane, a linear conception of the left and right predominates in empirical studies and was also used in the interviews with politicians analyzed herein. On the Cartesian plane, Heywood (2018, p. 6) refers to the fact that, at some point, the left and right touch in the pragmatic realm since both reached their own totalitarian realities (Stalin’s Russia and Nazi Germany). The Cartesian plane locates the opposed axes of authority and freedom to place social democracy, for example. While we have not exhaustively examined the importance of values, political ideas, and ideologies in elites, in the end, they are beliefs that guide behavior at key moments. Therefore, by analyzing their perspectives on parity, we better understand how gender, party, and ideology influence the positions that the deputies studied herein hold.

Is Equality Between Men and Women a Relevant Issue? Of note, the importance of the issue of equality between men and women has increased over time, for which two reasons stand out: (1) public debate around parity quotas and (2) greater presence of female legislators who have brought the issue up. The results of the chi2 test reveal that the topic is statistically significant in the legislature, additionally suggesting that the importance of equality has increased in recent years. In the 2009– 2012 legislature, 64% gave it a lot of importance; in 2012–2015 64.7% did so and in 2015–2018 that figure rose to 83% (Pearson chi2 (8) = 27.2699 Pr = 0.001. N = 283). In addition to the fact that it has increased in recent years, the most important elements can be found in gender, ideology, and political party. Women tend to give greater importance to the issue of equality than men do; the percentage of men (12.3%) who declare that the issue of equality is not important in the country is double that of women (6.9%). However, despite the fact that a considerable number believe that the issue is of great importance for Mexico, and this percentage continues to be higher among female legislators (76.2%) than among male legislators (67.6%), the results of chi2 suggest that the importance of equality has increased in the last five years for both sexes (Pearson chi2 (8) = 27.2699 Pr = 0.001. N = 283).

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On the other hand, it is important to question the extent to which legislators’ ideology influences these numbers. The differences between cases show how the variables are related–with more than 95% confidence. According to legislators’ own auto-rating, those who consider themselves to be on the right (15.9%) give less importance to the issue of equality than those who consider themselves to be on the left or in the center. Similarly, legislators on the left give more importance to the issue of equality in Mexico than those on the right, 73.7% and 66.7%, respectively (Pearson chi2 (8) = 27.2699 Pr = 0.001. N = 283). When taking this analysis to the political party level, all MORENA legislators see the issue of equality between men and women in Mexico as highly important. PAN gives it the least importance (17.5%), followed by PRI (10%). These results are consistent with the opposite question since MORENA and PRD give the most importance to the issue, and PAN gives it the least importance (61%) (Table 6.1). We could conclude that, although legislators increasingly give importance to the issue of equality between men and women in recent years, this increase is more associated with structural factors such as political party Table 6.1 On a scale of 1 to 5, how important is the issue of equality between men and women in Mexico? (%)

Legislature 2009–2012 Legislature 2012–2015 Legislature 2015–2018 Man Woman Self-definition on the left Self-definition in the center Self-definition on the right PRI PAN PRD MORENA

No importance (1–2)

High importance (4–5)

12.2

64.3

15.3

64.7

4.0

83.0

12.3 6.93 7.4

67.6 76.23 73.7

8.8

72.8

15.9

66.7

10 17.5 2.33 0

67.5 61.25 81.4 100

Source Authors’ elaboration

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than with sociodemographic factors such as gender. In general, historically, the issue has been more relevant to women, as well as to legislators who consider themselves to be on the left.

The Obstacles of Party Leadership Much has been made of the obstacles women face in accessing positions of power within institutions. In this section, on the internal functioning of political parties, legislators were questioned whether they consider certain practices more frequent in their own political groups. When asked if women have the same possibilities as men when accessing positions of power within their political party, the main differences are found in the legislature, gender, and political party. Although the 2009–2012 legislature was symmetrically distributed in terms of responses to questions about their political party, as of 2012 the perception that men and women cannot equally access internal leadership positions began to increase, ranging from a low of 40.4% in 2012, to a high of 72% in 2015. A significant relationship emerges when measured by gender. Men agree more with this statement and the percentage of disagreement tends to be higher in women, who may respond in this way given their group identification on the subject. The percentage of female legislators (27%) who disagree that both genders can equally access positions of power within their political party almost doubles that of men (16%). On the contrary, men tend to agree more (66%) than women (53%) that their party gives them equal opportunities to access positions of power. Regarding ideology, legislators who define themselves as rightwing are most in agreement with the statement (63%) and those who self-define in the center most disagree (24%) with the statement. However, unlike the first question on importance, there is no statistically significant relationship between the ideological location of legislators and their perception that men and women can equally access positions of power within their party. In contrast, there is a significant relationship by political party. PRD and MORENA are more in agreement with the statement. On the one hand, analysis by party shows that MORENA legislators (82%) tend to agree more that both genders can equally access positions of internal leadership than do legislators from PAN (51%); PRI legislators (26%) most disagree with the statement (Table 6.2).

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Table 6.2 On a scale of 1 to 5, to what extent do you agree with the statement below?

Legislature 2009–2012 Legislature 2012–2015 Legislature 2015–2018 Legislature 2018–2021 Man Woman Self-definition on the left Self-definition in the center Self-definition on the right PRI PAN PRD MORENA

Disagree (1–2)

Agree (4–5)

40.2 14.6 9 19.8 16.7 27.6 22.3

40.2 67.4 72 65.34 66.5 53.65 62.8

24.6

56.1

13.7

63

26 21.4 13.3 12.07

55 51 79.3 82.76

“Women can equally access positions of power within their political party” (%) Source Authors’ elaboration

In conclusion, female legislators, legislators who belong to the PRI, and those who self-define as ideologically in the center are more likely to believe that men and women do not have equal access to decision-making spaces within political parties.

The State as Guarantor of Equality Between Men and Women Given the functions that the State should have in matters of equality, legislatures’ responses demonstrated high consistency since more than 90% of those interviewed agreed that it is the responsibility of the State to intervene with public policies that reduce inequalities between men and women. In the 2012 and 2015 legislatures, support for the State taking on this role reached between 90% and 93%, while in 2018 this figure increased to 96% (indeed, no legislator interviewed mentioned disagreeing with this role of the authority). There is clear symmetry between responses over time, reflecting the absence of important changes in legislators’ perception regarding this statement.

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When it comes to analyzing responses to this statement based on gender, consistency was observed without significant differences since the number of men and women who approve of the State’s role in implementing policies that reduce inequality between men and women is quite similar. Significant differences based on ideology were also not detected. Only those who self-define on the right show slight disagreement (2.7%) and this ideological group has the least number of legislators who agree (78%). The results show that, in general terms, agreeing or not with whether the State should implement public policies to reduce inequality between men and women does not depend on ideological issues. Likewise, when looking at party affiliation, only PAN legislators claim to disagree with the State intervening with policies to reduce inequality and, consequently, this party’s legislators are the least supportive of said intervention (78%). The PRD and MORENA parties are more in favor– with more than 90% support, followed by PRI (85.8%) (Table 6.3). In general terms, these results are consistent with the first sections, and point to a consensus around the State’s desired role in the face of Table 6.3 On a scale from 1 to 7, to what extend do you agree with the sentence below?

Legislature 2009–2012 Legislature 2012–2015 Legislature 2015–2018 Legislature 2018–2021 Man Woman Self-definition on the left Self-definition in the center Self-definition on the right PRI PAN PRD MORENA

Disagree (1–3)

Agree (4–7)

1 1.2 4 0 0.4 0.7 0

96.9 90.6 93 96.12 85 88.7 91.6

0

85.1

2.7

78.1

0 1.2 0 0

85.8 78.6 95.5 91.38

“The State must implement public policies to reduce inequalities between men and women” Source Authors’ elaboration

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inequality between men and women, regardless of gender, ideology, or political party.

Abortion or Choice as a Gender Perspective Given that it is considered one of the most divisive issues in society, and has also become a gender perspective issue, legislators’ positions on abortion were analyzed. We found that legislators’ positions on abortion have varied significantly, without a clear pattern in terms of year or the legislature. A first reading might indicate that the matter depends a lot on conjectures since it is so controversial in Mexican society. In the following sections, we provide more patterns according to the party or ideology that prevails. We will see that, in some legislatures, the position against has predominated (1997, 2009, and 2015), while in others the position in favor (1994, 2000, 2003, 2006, 2012, and 2018) has. On the one hand, women tend to be more in favor (46%) of abortion than men (40%), but the position against it is relatively stable between both genders (with a difference of only around two percentage points). With 99% confidence, the chi2 reveals a statistically significant relationship, showing an association between the legislator’s gender and their position on abortion. However, the chi2 value (440.48) suggests that the greatest differences are based on party affiliation. PAN is clearly defined against abortion (70%), in opposition to PRD (5%). For their part, PRD and MORENA are most in favor of abortion, with 83% and 69% support, respectively. Finally, PRI maintains a moderate position, with 45.9% in favor and 21.6% against. Therefore, when it comes to factors that influence perspectives around abortion and the right to choose, political party, rather than gender, emerges as the most obvious (Table 6.4). Here, we can affirm that ideology is a determining factor. When cross tabulating between ideological self-definition and legislators’ positions on abortion, an almost perfectly inverted response pattern emerges between those who consider themselves to be on the left and on the right. While 67% of legislators on the left are in favor, 66.5% of those who define themselves as on the right are against abortion.

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Table 6.4 Legislators for or against abortion (%)

Legislature 1994–1997 Legislature 1997–2000 Legislature 2000–2003 Legislature 2003–2006 Legislature 2006–2009 Legislature 2009–2012 Legislature 2012–2015 Legislature 2015–2018 Legislature 2018–2021 Man Woman Self-definition on the left Self-definition in the center Self-definition on the right PRI PAN PRD MORENA

105

Against (1–2)

In favor of (4–5)

19.8

28.1

44.1

41.5

31.7

35.8

30.6

46.9

29.6

51.2

40.6

34.4

40.5

42.9

43.8

37.5

39.2

43.1

33.7 35.7 13.4

40 46.4 67.2

36.9

31.8

66.5

15.6

21.6 70 5 23.1

45.9 8 82.5 69.2

Source Authors’ elaboration

Conclusions The opinions held by the political class reflect the predominant values of an organized minority that, through political recruitment, occupies positions of power in State institutions. Hence the relevance of analyzing their opinions regarding issues of parity, which are key to understanding the beliefs represented in society’s political institutions. Despite the importance of political parties and ideology in most of the positions analyzed in this work, gender also plays a very important role

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as a guarantor of group or community representation, so-called sociological representation, which has been widely discussed in recent years to legitimize a series of political-electoral reforms in Mexico. It has been found that, in general terms, the issue of inequality is valued as more important by female legislators than by male ones. Although the percentage of legislators that thinks that the issue of equality between men and women is not important is very low, it increases when analyzed by political party or ideology. Legislators who place themselves on the right of the ideological spectrum tend to consider the issue of no importance, as do political parties that share such ideological principles. Regarding access to party leadership positions, women believe that the same conditions do not apply to both genders. However, men do not have this perception. Therefore, the problem seems to be relevant to the affected group alone, and not to the other gender. This view also persists in right-leaning ideology and consistently decreases in political parties located on the left of the ideological spectrum. Both genders similarly support the role of the State as a guarantor of equality between men and women, but slight differences emerge in terms of ideology and political party. These results could be compared with the latest approved initiatives and the years in which the issue developed most rapidly, observing who the predominant political parties were. Finally, analysis of support for abortion confirms that, in general terms, legislators have been more in favor than against it since 1994, as well as that there is an association between legislators’ gender and their position on abortion. This is even more evident in ideological and political party terms; a clear difference appears again between responses from legislators who self-define on the left and those who place themselves on the right. Analysis by political party also reveals clear differences and the ideological correspondence between legislators and the political parties to which they belong is clearly identifiable. As mentioned at the beginning, it would be worth reflecting on another component of politicians’ behavior that cannot be observed here, but can be detected in a given political context, namely political strategy. This element cannot be understood without identifying political actors’ complement, i.e., voters or citizens. Although the political class analyzed here seems to have definite perspectives when it comes to parity, it is worth asking after the extent to which dependence on public opinion for electoral survival influences politicians’ decisions when it comes to parity. Indeed, such a scenario can be observed in the pragmatism of

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the majority party in the 2018–2021 legislature, whose members all selfdefine on the left and whose leaders have underestimated feminist protests and challenged parity guidelines. However, we must not lose sight of the fact that, despite everything, the issue of parity has become very important in recent legislatures and, from the perspective of neo-institutional change, we can expect cultural changes in future generations. Acknowledgements This chapter received financing from the Spanish Ministry of Science, Innovation and Universities, under the project “The representative role of women and men in Latin American Parliaments (PELAmujeres)” (grant number RTI2018-094972-B-100).

References Bobbio, N. (1996). Left and right: The significance of a political distinction. University of Chicago Press. Cortés Guardado, M. (2019). Los valores de los jaliscienses. Universidad de Guadalajara. Disponible en: Los valores de los jaliscienses, 1997–2017.pdf (udg.mx) (retrieved January 2021). Duverger, M. (1955). The political role of women. UNESCO. https://unesdoc. unesco.org/ark:/48223/pf0000056649 Freidenberg, F., & Lajas García, S. (2015). De la cuota a la paridad: Las reformas para mejorar la representación política de las mujeres en América Latina. Proyecto de Reformas Políticas en América Latina (1978–2015). Secretaría de Asuntos Políticos de la Organización de los Estados Americanos (sap/oea). García Beaudoux, V. (2014). Influencia de la televisión en la creación de estereotipos de género y en la percepción social del liderazgo femenino. La importancia de la táctica de reencuadre para el cambio social. Ciencia Política, 18(9), 47–66. Heywood, A. (2012). Political ideology: An introduction. Palgrave Macmillan. Heywood, A. (2018). Essentials of political ideas. Palgrave Macmillan. Kang, A., & Tripp, A. M. (2008, March). The global impact of quotas on the fast track to increased female legislative representation. Comparative Political Studies, 3(41), 338–361. Legnante, G. (2005). Alla ricerca del consenso. Il “mercato elettorale” visto dai parlamentari italiani. Franco Angeli. Lizbona Cohen, A. (2011). Los efectos estructurales, institucio- nales y culturales en la representación parlamentaria de las mujeres en América Latina (1990– 2010). Tesis de Maestría en Ciencia Política, Universidad de Salamanca, Spain.

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Mosca, G. (1995). La clase política. Fondo de Cultura Económica. Norris, P. (1997). Passages to power: Legislative recruitment in advanced democracies. Cambridge University Press. Pareto, V. (1935). The mind and society. Jonathan Cape Ltd. Parsons, T. (1991). The social system. Routledge. Payne, J. L. (1972). Incentive theory and political process: Motivation and leadership in the Dominican Republic. Lexington Books. Peña Molina, B. O. (2014). La paridad de género: Eje de la Reforma PolíticoElectoral en México. Revista Mexicana de Estudios Electorales, 14, 3–74. Pitkin, H. (1967). The concept of representation. University of California Press. Putnam, R. (1973). The beliefs of politicians: Ideology, conflict, and democracy in Britain and Italy. Yale University Press. Ríos Tobar, M. (Ed.) (2008). Mujer y política. El impacto de las cuotas de género en América Latina. Flacso-Chile/IDEA. Rokeach, M. (1973). The nature of human values. Free Press. Shvedova, N. (2002). Obstáculos para la participación de la mujer en el Parlamento. In M. Méndez Montalvo & J. Ballington (Eds.), Mujeres en el Parlamento. Más alla´ de los números (pp. 63–84). IDEA.

CHAPTER 7

Women’s Substantive Representation in Legal Bills: Classifying and Applying Them to the Mexican Case Sergio Bárcena Juárez , María Fernanda López Díaz de León, and María José de la Peña Sánchez

Introduction The legislative representation of women’s interests has been a recurring topic both in political science literature and in public policy discussions aimed at improving women’s living conditions in the societal fabric (Celis, 2006; Jones, 1997; Lloren, 2015; Sawer, 2000; Shevchenko, 2002). Whether because of the historical-cultural confinement of women to roles related to the private sphere of social relations or because of

S. Bárcena Juárez (B) Monterrey Institute of Technology and Higher Education, Monterrey, México e-mail: [email protected] M. F. López Díaz de León · M. J. de la Peña Sánchez Parliamentary Bureau, Mexico City, Mexico

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_7

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prevailing conditions of violence and discrimination to which women continue to be victims (Lachenal et al., 2017; Williams, 1998), conceiving of women as a center for normative reflection and as an object of reforms proposed by the representative bodies of the state is a core part of any democracy. However, studying the way in which women’s interests are served by representative assemblies presents considerable methodological challenges. One of the most relevant issues around this problem is related to the definition of legislative actions that seek to safeguard women’s interests. If substantive representation means that representatives act in the best interest of those represented (Pitkin, 1985), it is worth asking how to determine the degree to which a given representative action seeks to meet a given women-focused demand. Furthermore, it is worth questioning whether women can be defined as a homogeneous group that shares interests, demands and concerns that are waiting to be represented by their representatives (Schwindt-Bayer, 2012). In recent years, research has proliferated on the diverse legislative actions aimed at serving female interests. The literature has been enriched by work on how voting (Frederick, 2010; Jenkins, 2012; Simon & Palmer, 2010), participation on committee (Kerevel & Atkeson, 2013), presence in the legislative floor (Clayton et al., 2017; Osawa & Yoon, 2019; Piscopo, 2011) and promotion of reforms to contemporary legal frameworks (Jones, 1997; Htun et al., 2013; Layton & Windet, 2019) can benefit women in a political community. In particular, studies on legislative bills have generated discussion on how proposals aimed at substantively representing women should be presented. On the one hand, some consider it necessary to analyze the thematic priorities of male and female deputies (Chaney, 1979; Jones, 1997; Taylor-Robinson & Heath, 2003; Zambrano, 1998). Another group of research defines legislative products—and not their authors—as the focus of methodological attention. Within these works, there are those for whom it is enough that legislative projects refer to women, the family or the care of the home to claim that female interests are being effectively represented (Schwindt-Bayer, 2006; Vega & Firestone, 1995). On the other hand, some specialists consider that a deeper understanding of women’s substantive representation in congresses requires distinguishing between reforms that seek to keep women in their traditional roles and projects that remove them from said functions based on the recognition

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and expansion of their rights (Piscopo, 2014; Swers, 2005; Vidal-Correa, 2020). Along with the above, research that explains women’s substantive representation in congresses has increased. Efforts therein have focused on identifying conditions that encourage or restrict the inclusion of agendas related to female representation in assemblies. Although most studies on the subject agree that the mere presence of women in legislatures increases these parliamentary bodies’ general interest in debating gender issues (Childs & Krook, 2009; Dahlerup, 2006; Kanter, 1977), some have observed that increasing the female composition of a congress can have the opposite effect since the presence of women hardens congressional bodies’ patriarchal rules and practices, relegating women’s interests to a secondary level (Franceschet, 2011). In this chapter, we seek to contribute to discussion on women’s substantive representation in congresses from a methodological and empirical perspective. Regarding the former, we propose a classification of legal bills that takes up previous efforts to distinguish between projects focused on the promotion of women’s rights and the remainder of legislation. We support this proposal with examples of real parliamentary projects from the Mexican Chamber of Deputies, thus clarifying possible grey areas when categorizing real legal reforms, and thereby solving a recurring problem in conducting studies on female representation. On the other hand, we make an empirical contribution to the literature by applying our classification to legal reform projects presented in the Mexican Chamber of Deputies during the last 23 years. We aim to observe the longitudinal evolution of representative agendas related to female interests in relation to the percentage of female legislators occupying seats in the assembly between September 1997 and January 2021. The fact that the Chamber of Deputies is among the congresses with the greatest increase in female participation in recent years allows for a detailed analysis of the relationship between the presence of women and the promotion of bills aimed at improving women’s living conditions. This chapter is structured as follows: First, we discuss the concepts of women’s substantive representation and critical mass in congresses. The following section reviews the different methodological approaches used to classify legal bills with respect to the female population’s interests. In that same section, we introduce a proposal for defining and determining bills that seek and promote women’s rights, exemplified with pieces of legislation introduced to the Mexican Congress. The subsequent

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section approaches women’s substantive representation, using a methodology that classifies legislative bills proposed in the Mexican Chamber of Deputies over the last 23 years. Finally, the conclusions summarize this research’s main theoretical contributions starting from the classification proposal and its empirical findings.

The Debate on women’s Substantive Representation and Interests According to Hanna Pitkin (1985), the representative character of lawmaking institutions can be appreciated from different dimensions. Specifically, Pitkin (1985) argues that a democratic congress reflects a society’s characteristic sociodemographic components (descriptive representation); it is made up of members elected through fair and impartial rules (formal representation), is perceived as a popular and necessary body for democracy (symbolic representation), and provides both legal solutions and public policy projects that solve the population’s most pressing needs (substantive representation). A complete understanding of political representation in democratic congresses, in turn, involves perceiving the functional relationships that exist among its diverse components. For example, elections are not relevant by themselves, but rather are so because they help citizens exercise some control over their representatives. When deciding whether or not to reelect their legislators, voters’ participation stimulates parliamentary efforts that respond to popular sentiment (Manin et al., 1999). Substantive representation is at the heart of the relations between rulers and citizens (Schwindt-Bayer, 2012); democratic ends would fail to materialize if a popularly elected congress with an internal structure that reflects social plurality could not produce the reforms needed to ensure a more just and equitable life for the population. This is why we focus on the substantive scope of the phenomenon in question in this chapter. Substantive representation implies intervening in the best interest of those represented, in a way that is sensitive to their needs and demands (Pitkin, 1985). Although legislators can substantively represent their electorates through various actions (ranging from establishing communication with interest groups to voting on matters in plenary session), the activity most associated with this dimension comes with the elaboration of programmatic outputs in the form of laws and/or public policies.

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This is why diverse authors recognize that approaching substantive representation through the lens of representatives’ responses to bills is the most forceful way of recognizing the interests for which they advocate (Atkinson & Windet, 2019; Taylor-Robinson & Heath, 2003; Thomas & Welch, 1991; Urbinati, 2000). The incorporation of women into political bodies has given rise to questions related to the types of programs that assemblies should implement in order to help overcome prevailing conditions of inequality, exclusion and violence against women. With it, the need for analytical development and progress, in order to study the substantive dimension of feminist representation, arises (Wängerud, 2009). Seen from this angle, when representatives promote legal reforms that aim to meet and resolve women’s most pressing demands, they substantively represent female interests. When first approaching the causes behind women’s substantive representation in congresses, a variety of texts suggest the important relationship between assemblies’ female component and the production of legislative outlets for the promotion of women’s rights and those who are represented (Kathlene, 1994; Reingold, 2000). Based on sociological arguments related to organizational composition, critical mass theory proposes the existence of a nexus between descriptive representation (female congressional presence) and women’s substantive representation (Childs & Krook, 2008; Dahlerup, 2006; Kanter, 1977). Although the relationship between the number of congresswomen and increased production of gender-focused reforms has been empirically verified (Clayton et al., 2017; Piscopo, 2014; Xidyas, 2007), critical mass theory has been repeatedly questioned. In principle, there is still no consensus on the percentage of women who should occupy legislative seats in order to increase the number of laws aimed at improving the living conditions of their fellow women. Likewise, it has become clear that institutional transformation does not occur automatically and indeed requires long periods of time. The internal practices and culture that permeate congresses affect how public policies are made. Adjusting to new conditions is often a protracted process because legislatures’ evolution toward more inclusive procedural formats is not linear and resistance can be expected from groups and interests that reject modifications to the status quo (Lovenduski, 2005; Thomas, 1994).

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Alternatively, additional explanations have emerged to bolster critical mass theory, such as the fact that congresswomen make a greater difference in terms of promoting gender-based interests when they form part of a small minority, compared to when there are considerable increases in the number of women in a congress. This is because a large numerical, or “dominant,” faction controls the group and its culture, while a small numerical faction, or “token” group, is reduced to symbolic representatives of their social category, which is precisely what happens when women are part of a minority group in congress (Childs & Krook, 2008). As can be seen, the way in which a feminine presence affects assemblies’ procedural foundations can vary considerably between one context and another. In this sense, it should be noted that women’s substantive representation not only depends on whether female legislators behave differently from their male counterparts or on whether their presence in assemblies exceeds a certain numerical threshold; we should also consider the way in which their presence affects women’s daily lives, the attitudes of their male counterparts and a congress’s institutional life day in and day out (Wängerud, 2009). The last theoretical aspect that we will address regarding female representation has to do with the definition of women’s interests, a concept that has produced continuous and still unresolved debate within feminist theory (Celis et al., 2014; Mansbridge, 1999; Phillips, 1996). The main discussion around the legislative representation of female interests originates in the construction of the concept itself. To suppose that “feminine interests” can be boxed into a broad analytical category not only denies the heterogeneity of women’s needs and the positions they hold in society, but also restricts our capacity to capture the intersection of gender with other sociodemographic categories that have their own demands, such as age, social, class or sexual orientation (Weldon, 2002). This approach to female representation is in turn problematic because it reflects a marked elitism on the part of those who determine the interests of women, without referring to their perspectives, contexts and perceptions. Similarly, presuming that women’s interests are defined in opposition to masculine ones (as is generally done) produces a dangerous, essentialist dichotomy that reinforces women’s subordination, reducing their interests to a masculine interpretation of representation (Dietz, 2003).

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However, it is important to note that the use of this distinction has notably contributed to highlighting biases when it comes to women’s substantive representation and to promoting political change projects that are sensitive to a variety of demands that have historically been ignored. That is why the category of “women’s affairs” or “feminine interests” remains in the literature, although with more and more nuances that assume that researchers are responsible for taking into account that they are dealing with partial, constructed, contextual and fluid notions (Celis, 2006; Mansbridge, 1999). Among the strategies that have emerged for responsibly using women’s interests as an analytical research category, we could mention recognizing these issues as demands that arise from social and political processes that seek to resolve conflicts derived from the historical subordination of women to an eminently male status quo (Swchindt-Bayer, 2012). For her part, Wängerud (2009) points to the need to consider the possibility of heterogeneity when defining women’s interests since even if all women could agree on general principles (such as the rejection of violence), it is possible for them not to agree on the methods and measures that governments should adopt to address them.

A Proposal for Classifying women’s Interests Previously, the concept of substantive representation was reviewed, along with its empirical instantiation in representatives’ diverse tasks and actions in the best interest of their constituencies, highlighting the presentation of reform projects as one of the clearest ways to identify legislators’ representative priorities. Likewise, the empirical utility and, at the same time, the investigative responsibility involved in the use of generic categories such as “women’s interest” were discussed to analyze substantive representation. However, identifying how this general concept is operationalized in the legislative context still remains to be seen, particularly in terms of both male and female legislators’ promotion of bills. Many empirical studies on women’s substantive representation in legislative bodies have defined women’s interests in terms of household matters, and often relate them to areas of action traditionally assigned to women, such as domestic issues (children, social security, reproduction and education) and civil works (prostitution, schools, public health) (Schwindt-Bayer, 2007; Thomas, 1994; Thomas & Welch, 1991).

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One piece of research, from Dodson and Carrol (1991), raises a definition unrelated to household affairs, defining bills related to women’s interests as those that positively impact women in general or in specific aspects, such as income or work-life balance. In her work on the Argentine congress, Jones (1997) added an important element to the codification of bills. To produce more precise aggregate results, this author suggests differentiating public policy projects from other commemorative proposals or those directed at specific individuals, situations or groups. This precision was then taken up by Taylor-Robinson and Heath (2003) in their work on the Honduran congress, which aimed to identify proposals directed at women as a broad group. Most of this research aims at identifying whether women’s priorities differ from those of men. And although almost all of them confirm that legislators include a significant proportion of domestic issues in their representative portfolios, they also show that female congresswomen are equally interested in promoting reforms on other issues such as culture, power, economics, etc., which is why they generally have broader agendas than their male colleagues. However, the main problem with classifying these bills by theme lies in the generalization that the previous section of this chapter addressed. When considering women’s interests, both bills that promote traditional roles and those that promote more equitable conditions of coexistence assume that women do not care about remaining in the private sphere or accessing other spaces of daily development. Since these investigations generally analyze representatives, and not their bills, studies that use this classification have not needed to establish more precise categories for reform projects. As an alternative form of classification, some call for distinguishing between reform projects started by the committee to which they are assigned and their content (Cruz, 2006). Nevertheless, this method can lead to erroneous conclusions since bills turned over to an assembly’s gender committee may aim to restrict women’s rights. Likewise, some projects have a significant gender content, but are worked within committees specialised in health care, work or other public policy areas (Vidal-Correa, 2020). Considering these conditions, Celis and Childs (2012) propose a classification that first distinguishes between bills focused on women and projects that address other matters, such as the rights of minors. With

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this, women’s substantive representation is restricted to reform proposals that impact women’s rights and opportunities, and that produce public policy results both for the female population in general and for specific groups of women (workers, mothers, rural women, etc.). On a second level of analysis, the authors suggest differentiating between feminist and non-feminist bills. The former aim to guarantee the advancement of women’s rights and roles beyond the private sphere, while the latter seek to keep women within their traditional roles as mothers and home-centered caregivers, that is, “they conceive of women in a social environment where their obligations are predetermined by their gender” (Vidal-Correa, 2020, p. 44). According to Piscopo (2014), the latter distinction echoes loudly in Latin America, where legislators often justify their participation in genderbased politics and defend women’s rights based on bills that anchor women to compliance with roles associated with motherhood and caring for families. Our proposal to help determine if a bill substantively represents women takes up a variety of the argumentative precepts found in the works cited above. We believe that it is important to differentiate among projects that deal with gender (in a broad way) and then to do so between projects that consider women the object of legal reflection and as subjects of benefits or changes. Among gender-based bills, we include those that, without necessarily and specifically directed at women, seek to modify, consolidate or generate awareness in society regarding the roles that groups and individuals play based on their gender attributes. This category is the broadest in our classification and includes bills aimed at improving women’s living conditions. In this sense, within gender bills that do not explicitly focus on women, we include projects that do one of the following: a. Seek to eradicate discrimination and violence based on questions of gender b. Grant parental rights and distribute responsibilities in the private sphere c. Define crimes as sexual harassment that can affect persons of both sexes d. Seek to modify stereotypes in the media, schools and other spaces e. Extend freedoms related to sexual identity

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f. Modify the use of language both in normative texts and in everyday life g. Change names of buildings and institutions h. Redirect budgets or create public programs to raise awareness around gender roles i. Propose commemorative dates, awards or coins that refer to women, as well as female milestones and promote awareness of gender-based roles in society For their part, women’s bills are classified as a subgroup of gender projects that exclusively focus on women as the object of legislation. This distinction is not insignificant since some bills extend female representation to gender-based issues and include projects such as the exercise of paternity or the inclusion of certain groups in the catalog of citizens’ rights (Vidal-Correa, 2020), while others establish similar distinctions between reforms that exclusively focus on women and projects that serve populations, such as minors, with interests adjacent to those of women (Piscopo, 2014). Thus, here we define bills focused on women as reform projects whose normative content is limited to generating direct impact on the female gender (in general or in specific segments, such as working women, single mothers, pregnant women, etc.), excluding the regulation of any other group, such as fathers and children, as well as sexual identity groups like the LGBTTIQ+ community. This means that when a bill addresses both women and other groups simultaneously, it was not classified as part of “women’s issues.” Within gender bills, we have included projects that simply allude to issues related to the exercise of sexual rights, regardless of the gender of the individuals in question. This same category (gender) includes bills that propose legislation for other groups in general or in particular, such as parents, in addition to women. For their part, reform proposals focused on women may touch on specific sections of this broad group, such as women in vulnerable situations in urban areas or on women as a homogeneous group and subject of rights. At a higher analytical level, bills focused solely on women can be divided into feminist, non-feminist and neutral. Feminist bills are characterized by promoting a progressive view of women’s roles in society. In this sense, proposals that aim to equalize

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women’s conditions within society’s normative framework, promoting or guaranteeing their access to spaces that have traditionally been restricted to them (politics, school, work, etc.), and/or expanding their decisionmaking capacities (reproductive rights and abortion), can be considered feminist (Piscopo, 2014). In this category, we include bills that aim to do one of the following things: a. Facilitate, encourage or guarantee women’s access to equal pay and employment, and participation in politics, the economy and society b. Facilitate, encourage or guarantee equal access to spaces outside the home, such as education, political positions, decision-making positions in public and private organizations, etc. c. Promote women’s access to information, basic rights and state programs aimed at their empowerment d. Expand women’s rights and freedoms to decide in the private sphere and about their own bodies (use of contraceptives, marriage, etc.). On the contrary, non-feminist bills are aimed at reaffirming women’s traditional roles (caring for the family, the home, motherhood, etc.), which they consider essential for society’s appropriate development and the preservation of its most important values. At the same time, these reforms restrict women’s access to the public sphere and freedom to decide on issues such as contraception or abortion (Piscopo, 2014). Lastly, women are the central subject of legislation in neutral projects, but they do not take a position in terms of how they view women’s role. In this group of bills, we include those that do one of the following things: a. Grant or modify powers between government bodies in charge of dealing with women’s issues b. Create agencies specialized in women’s affairs c. Establish or change governmental or jurisdictional procedures to attend to women’s issues

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Substantive Representation of Mexican Women in the Chamber of Deputies The Mexican case offers an interesting opportunity to study women’s substantive representation. As a legislative assembly, the Mexican Chamber of Deputies’ role has undergone modification and change in the political system and in terms of its internal functioning, partisan composition and openness to women’s participation. Of note, this body went from being an official office associated with the executive branch during most of the twentieth century to, starting about two decades ago, serving as a space for inter-party negotiation on topics with a national scope and for the representation of citizens’ interests. Starting from a series of reforms that took place in the early 1990s, the Mexican political system began to adapt to forms of electoral competitiveness and party plurality, leaving behind the one-party presidentialism scheme that defined both the public agenda and the trajectory of most political actors between 1929 and 1988. This democratizing process led to the formation of a non-majority congress. With the installation of the LVII Legislature (1997–2000), for the first time in many years, the executive branch experienced a notable reduction in its ability to order the legislative process and to build the national agenda since its party did not have an absolute majority in the assembly. A first sign of change in the exercise of substantive representation came with the transfer of producing reforms from the president to legislators. Some authors have shown how the executive branch ceased to be the grand legislator and instead became an agent with limited presence in the promotion of reforms (Béjar, 2014). The president’s contribution to bills presented in the Chamber between 1997 and 2018 does not even reach 2% of the total matters that said legislative body processed. In the absence of a president with broad partisan powers, and given that deputies continued to be constitutionally empowered to legislate on any subject that modifies the Magna Carta, secondary regulations, federal laws, national laws and regulations (with the exception of the annual expenditure budget), deputies began to represent society’s interests with their reform projects. In a competitive scenario, where deputies’ political trajectories ceased to depend entirely on party discipline and their loyalty to national or local leaders who could grant them positions

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and successful candidacies once their legislative service was over, deputies began to exercise their right to promote reforms. The uncertainty that legislators began to face at the end of the twentieth century under competitive democratic conditions substantially increased the number of bills that federal deputies presented in a personal capacity, using them as instruments of electoral self-promotion and of connection with elements in the system that are crucial for career building (Bárcena, 2017). Even with the return of an executive majority, after the 2018 election (when Morena won the presidency and obtained more than 50% of the Chamber’s seats thanks to a coalition with the PT and PES parties), most legislation has originated in deputies’ portfolios, and the president has remained on the sidelines of promoting reforms. In fact, the executive’s bills in the Chamber of Deputies only make up 4% of the matters presented before the chamber in recent years. In addition to changes in the Chamber’s partisan makeup, and a reconfiguration of representative relationships in the system, the democratizing process described above also modified the legislative body’s gender composition. Thanks to the implementation of a quota system that has been perfected over time (Baldez, 2004), the assembly went from having 16% (1997) female deputies to almost 50% in the current legislature (2018–2021) (Vidal-Correa, 2020), a figure that places Mexico as the OECD country with the highest percentage of women in its federal legislative body. Information related to women’s substantive representation in the Chamber of Deputies remains sparse. A preliminary study on the subject suggests that federal female deputies were the main authors of bills aimed at improving conditions for women in Mexican society. However, related projects made up a smaller portion of these deputies’ representative portfolios; this is because they also have to prioritize issues on their parties’ agendas, as well as anticipate the need for campaign bills that promote their reelection by constituencies with strong gender biases (Bárcena, 2013). Subsequent research confirmed that gender-related legislation is mostly produced by female deputies (Piscopo, 2014). However, this author’s analysis details that, during the years studied, female legislators were consistently left out of the most important spaces in the assembly’s decision-making processes, a condition that did not prevent them from promoting strongly progressive gender-related bills.

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This finding contrasts with Vidal’s most recent study (2020), which, after analyzing bills, concludes that most projects with gender-related content in the Chamber have a strong partisan component, in addition to conceiving of women in their more traditional roles. As can be seen, research that analyzes women’s substantive representation in the current Chamber of Deputies consistently reveals that this type of legislation is mainly promoted by female legislators. However, these studies differ on other important aspects because, while some believe that reforms that benefit women transcend party lines and are heavily progressive, other studies admit that gender-related legislative projects continue to pigeonhole Mexican women in the private sphere in terms of family care and motherhood. Studying the presentation of legal bills that centrally focus on women in the Chamber of Deputies is relevant for two reasons. In the first place, none of the studies to date account for the longitudinal evolution of the phenomenon. Bárcena’s study (2013) only covers three years from the LXIV Legislature, that of Piscopo (2014) goes through 2012, while that of Vidal (2020) focuses on 2015 to 2021. None explain how the phenomenon developed throughout the entire period after the assembly’s democratic pluralization process began. On the other hand, the sheer variety of methodologies used to categorize bills and identify reforms focused on women and their rights makes it difficult to compare between results and reach solid conclusions on the subject. That is why this analysis takes up several of the proposals contained in previous studies and uses a single classification method, thus allowing for more solid longitudinal conclusions than that which has been presented to date. To analyze women’s substantive representation in Mexico, we built our own database using Mexico’s Sistema de Información Legislativa, SIL (Legislative Information System); it includes the 26,767 bills presented before the Chamber of Deputies between September 1, 1997 and January 8, 2021. SIL’s raw data contains information disaggregated by bills, allowing users to sort through proposals according to name, chamber of origin, legislature, date of presentation, presenter and his/her party, stage of the process in which it is found, related committees and topic addressed. Upon accessing each bill, the system provides detailed information about the reform, including its purpose (a summary of what it intends

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to reform, as well as its purpose and justification), along with a PDF file that contains the original document that its promoter(s) presented. After distinguishing among the bills, using the categorical indicators defined by their presenters and the legislature in which they were presented, they were categorized according to their content. We initially reviewed the reform summaries, expressed in the data downloaded from SIL as the “bills objectives.” With this step, we sorted between genderrelated projects and bills that focus on other issues. Once gender-related bills were identified, we codified the projects aimed solely at women. Subsequently, we differentiated between feminist, non-feminist and neutral bills based on the proposals’ stated purpose. It should be noted that, throughout the classification process, when a summary was unclear or needed further study, we examined the full content of the bills to determine its category. Below, we provide initial data on the number of bills divided into the previously defined analytical categories and subcategories. The figures referred to below contain bills promoted by all presenters and with any format (personal bills, reforms with supporting presenters, collective projects grouped by legislators, committees, state or presented by members of different legislative groups). Focusing just on the 1991 bills aimed at addressing women’s issues and rights, more than 50% of the proposals that focused on women’s issues between 1997 and 2021 were of a feminist nature (53.3%), 18.4% were non-feminist and 26.3% were neutral. Of these 1991 bills, 88% were presented by individual deputies; 10% were also promoted by male deputies, but in a group (legislators from the same legislative group, the same committee or different party affiliations) and 2% came from local congresses. Throughout the analyzed period, women’s issues made up 4.45% of the legislative agenda in the Chamber and represented 60% of the genderrelated issues proposed to the assembly. Regarding its evolution over time, the following graph’s right axis demonstrates that the proportion of reforms focused on women increased, going from 2% in the LVII Legislature (1997–2000) to almost 8% in the LXIV Legislature (2018–2021). The subsequent graph has a second axis (whose values can be seen on the left) that displays the percentages of seats occupied by women in the different legislatures. As Piscopo (2014) observed, and as anticipated by critical mass theory, an increase in the percentage of female legislators

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had a positive effect on the inclusion of gender-related issues in congress (Graph 7.1). On the other hand, longitudinal development according to type of women’s bills reflects that, in all the legislatures analyzed, most of the bills promoted sought to extract women from their traditional roles. However, it is worth noting that, with respect to proposals on women’s issues, the percentage of feminist bills decreased over the years. In the LVII Legislature (1997–2000), close to 80% of projects on women’s issues could be classified as feminist, while the percentage of projects of this type decreased (except for an increase from the LX to LXI legislatures) until reaching levels close to 50%. Simultaneously, neutral reform proposals among women’s bills significantly and sustainably grew starting from the LXI Legislature (2009– 2012). The percentage of non-feminist bills in the Chamber was stable over time, hovering around 15 points, as can be seen in the following graph (Graph 7.2). Based on these data, we can confirm that, although most legislative proposals in the assembly have tried to break with conserving women’s 8.00%

60%

7.00%

50%

6.00% 40%

5.00% 4.00%

30%

3.00%

20%

2.00% 10%

1.00% 0.00%

0% LVII LVIII LIX LX LXI LXII LXIII LXIV (1997-2000) (2000-2003) (2003-2006) (2006-2009) (2009-2012) (2012-2015) (2015-2018) (2018-2021) Women focused bills

Women in the chamber

Graph 7.1 Evolution of descriptive and substantive representation in the Chamber of Deputies: 1997–2021. n = 26,767 legal bills (Source Authors’ elaboration with data from the Sistema de Información Legislativa [SIL] [Legislative information system] and Vidal [2020])

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90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% LVII

(1997- LVIII (2000- LIX (2003- LX (2006- LXI (2009- LXII (2012- LXIII (2015- LXIV (20182000) 2003) 2006) 2009) 2012) 2015) 2018) 2021) Feminist bills

Non-feminist bills

Neutral bills

Graph 7.2 Evolution of the type of bills on women’s interests presented to the Chamber of Deputies: 1997–2021. n = 1191 legal bills (Source Authors’ elaboration with data from the Sistema de Información Legislativa [SIL] [Mexican legislative information system])

traditional roles in society, this type of bill has given way to neutral projects that focus more on adjusting procedures, rules and practices in the governmental sphere in order to facilitate women’s access to fairer and more equitable living conditions (Graph 7.3). Of note in the graph above, feminist bills saw a decrease in tandem with an increase in the percentage of women who hold seats in Congress. This may be because when women are part of a minority group, they are motivated to represent specifically women’s problems with greater force. In other words, it can be argued that female legislators are more likely to seek out programs that address gender-related interests, advocate for their rights and seek an alternative to the status quo when they form part of a small minority than when evidence points to their increasing numbers within a congress. As Childs and Krook (2008) suggest, as a minority, women in congress are settled with their gender and therefore believe that they should represent and advocate for other women since the responsibility of seeking the good of others falls on them. Likewise, pressure to represent their gender is greater since, if they do not, women will continue in an unequal and unfair system.

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90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% LVII LVIII LIX LX LXI LXII LXIII LXIV (1997-2000) (2000-2003) (2003-2006) (2006-2009) (2009-2012) (2012-2015) (2015-2018) (2018-2021) Feminist bills

Women in the chamber

Graph 7.3 Evolution of feminist bills with respect to the percentage of women in the assembly: 1997–2021

However, it is worth highlighting that, although this finding is of interest, these arguments are hypothetical in nature and a more in-depth investigation would be required to draw concrete conclusions in this regard.

Conclusions Throughout this chapter, we have highlighted how studying substantive representation of citizens’ interests presents important methodological and empirical challenges. This implies, in the first place, justifying the selection of one or more actions on the part of deputies, who are interested in advocating on behalf of the interests of a population, certain citizens or given groups. On the other hand, research of this nature requires the operationalization of said actions in variables that allow researchers to determine whether legislators in fact act in the best interest of certain citizens. Analyzing legal bills as a mechanism of substantive representation implies, in turn, establishing categories that clarify legislators’ intentions, as well as building an analytical connection between reform projects and the subjects represented in said legal modifications.

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Although it is true that the latter methodological step involves generalizing and proposing categories that do not always reflect those who are represented, it is still one of the most powerful ways of ascribing a representative nexus. This is done without neglecting to consider that, when making the phenomenon of substantive representation visible, contextual elements in a specific political system must be considered, as should legislators’ incentives when defending certain interests by promoting legislative bills. The literature asks whether it is possible to establish distinctions among bills with precisely identifiable reforms aimed at representing women’s interests, which is why we still need to establish these distinctions; meanwhile, we must assume that any effort to categorize is subject to errors and inaccuracies. With this applied study, we found that, since Mexican deputies had reason to promote reform projects in a personal capacity and since the percentage of female legislators in congress increased significantly, the number of proposals that place women at the center of legal reflection has increased. This suggests a connection between the Chamber’s descriptive composition and substantive representation of female interests from within it. We also found that, although the proportion of bills focused on women continues to make up a smaller part of the total legislation introduced to the assembly, the highest percentage of reform projects presented by the deputies seeks to break with the roles traditionally assigned to women, either by clearing their access to traditionally blocked spaces, expanding freedom of decision or opening the way to empowerment through laws and government actions. It should be noted that, despite having found a relationship between the number of female legislators in the assembly and the promotion of feminist bills, the information provided in this study prevents assuming causality. Thus, future research should focus on the concept of intersectionality. By this, we mean that research on female representation should further aim to study variables such as positions of power in congress, ideology, party membership and other variables that impact legislators individually. In this same sense, it is worth noting that it is one thing to promote reforms and a very different thing for them to be approved as legislation that impacts represented women’s living conditions. In this

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sense, it is important that future studies consider how effective representatives and congresses are at converting legislators’ representative intentions into reforms that improve women’s living conditions.

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Osawa, K., & Yoon, J. (2019). Who represents women and why in the Tokyo Metropolitan Assembly. Asian Journal of Women’s Studies, 25(3), 437–458. Phillips, A. (1996). Género y teoría democrática. Universidad Nacional Autónoma de México. Pitkin, H. (1985). El concepto de representación. Centro de Estudios Constitucionales. Piscopo, J. M. (2011). Rethinking descriptive representation: Rendering women in legislative debates. Parliamentary Affairs, 64(3), 448–472. Piscopo, J. (2014, July–December). Beyond hearth and home: Female legislators, feminist policy change, and substantive representation in Mexico. Revista Uruguaya de Ciencia Política, 23(2), 87–110. Reingold, B. (2000). Representing women: Sex, gender, and legislative behavior in Arizona and California. University of North Carolina Press. Sawer, M. (2000). Parliamentary representation of women: From discourses of justice to strategies of accountability. International Political Science Review/Revue Internationale De Science Politique, 21(4), 361–380. Schwindt-Bayer, L. A. (2006). Still supermadres? Gender and the policy priorities of Latin American legislators. American Journal of Political Science, 50(3), 570–585. Schwindt-Bayer, L. A. (2007). Women, quotas, and politics. In D. Dahlerup (Ed.), Politics & Gender, 3(2), 289–291. https://doi.org/10.1017/S17439 23X0700013X. Schwindt-Bayer, L. (2012). Political power and women’s representation in Latin America. Oxford University Press. Shevchenko, I. (2002). Who cares about women’s problems? Female legislators in the 1995 and 1999 Russian State. Dumas, Europe-Asia Studies, 54(8), 1201–1222. Simon, D., & Palmer, B. (2010). The roll call behavior of men and women in the US house of representatives, 1937–2008. Politics & Gender, 6(2), 225–246. https://doi.org/10.1017/S1743923X1000005X. Swers, M. (2005). Connecting descriptive and substantive representation: An analysis of sex differences in cosponsorship activity. Legislative Studies Quarterly, 30(3), 407–433. Taylor-Robinson, M. M., & Heath, R. M. (2003). Do women legislators have different policy priorities than their male colleagues? Women & Politics, 24(4), 77–101. Thomas, S., & Welch, S. (1991). The impact of gender on activities and priorities of state legislators. The Western Political Quarterly, 44(2), 445–456. Thomas, S. (1994). How women legislate. Oxford Univ. Press. Urbinati, N. (2000). Representation as advocacy: A study of democratic deliberation. Political Theory, 28(6), 758–786.

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CHAPTER 8

Feminist Agendas and Substantive Equality: From the Politics of Presence to Legislative Political Transformation Lorena Vázquez Correa

Introduction In Mexico in recent years, legislative activity in favor of progressive women’s rights (the feminist agenda) has been extensive. In the Congress of the Union, women and men’s substantive equality is the second most legislated issue, tied with public safety issues, and only comes after economic and fiscal issues. Of the 93 decrees that the legislature approved from September 2018 to July 2020, 12 were related to substantive equality between women and men, which is equivalent to 12.9% of the decrees approved (Vázquez, 2020). Reforms promoted by female legislators from all parliamentary groups and approved by Mexican legislatures at the federal and local levels include

L. Vázquez Correa (B) Belisario Domínguez Institute of the Mexican Senate, Mexico City, Mexico e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_8

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a constitutional reform related to across-the-board parity, the classification of gender-based political violence against women, an amnesty law for people sentenced to prison for abortion, the prohibition of child marriage, work leave for workers with sick children and social security for domestic workers. These reforms will result in the transformation of how power is distributed in the public sphere, of how competition for positions is managed and, therefore, of how politics is done in this country. In other words, the approval of legislation toward substantive equality between women and men constitutes a transition from the politics of women’s presence in power to the transformation of how politics is done in Mexico and, therefore, toward the construction of a feminist democracy based on parity. How have these changes been made possible? Political science research on women’s substantive representation has identified that collaboration between legislators from different parliamentary groups increases the probability of approval of initiatives related to the women’s rights agenda (Barnes, 2016, 2018; Caminotti & Piscopo, 2019; Celis, 2009; Cerna, 2017; Franceschet & Piscopo, 2008; Guzmán & Prieto, 2014; Johnson, 2014; Piscopo, 2014; Rodríguez & Madera, 2014; SchwindtBayer, 2010, 2018; Zaremberg, 2009). However, these studies do not consider the broader social environment beyond the legislative arena in which gender-based agendas are constructed, such as the participation of organized women’s networks, the ratification of international treaties and feminist movements (Rodríguez-Gustá & Madera, 2016). In this context, the Mexican federal Congress constitutes an excellent laboratory for understanding how the gender agenda is constructed and how women’s substantive representation occurs in legislatures. Within the framework of these considerations, this chapter aims to analyze women’s substantive representation in the Mexican Senate of the Republic and the Chamber of Deputies based on the approval of legislation on substantive equality between women and men. I argue that the approval of laws on the feminist agenda is not solely the result of dynamics proper to the legislative body, but also depends on the convergence of external actors, such as civil society organizations, the approval of international treaties and feminist movements with the capacity to influence the legislative agenda-shaping process, as well as to positively influence the articulation of support networks between women legislators from different parliamentary groups. The text is divided into two general

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sections. The first addresses the theoretical framework on the representation of women and the gender agenda, and the second analyzes the construction of the legislative gender agenda in Mexico’s federal Congress during the LXIV Legislature (from September 2018 to July 2020) and its relationship with (1) international treaties ratified by the Mexican State, (2) the feminist movement and (3) organized women’s networks.

Women’s Substantive Representation and Feminist Agendas In recent decades in Latin America, the number of women in popular representative bodies has increased significantly (Hinojosa, 2012; Vázquez, 2019). Between 1995 and 2019, the percentage of women in national legislatures went from 12% to close to 30% (IPU, 2019). Women’s increased presence in these spaces of power has motivated research on how female legislators behave and the issues they promote in order to understand processes surrounding women’s substantive representation (Barnes, 2018; Caminotti & Piscopo, 2019; Cerna, 2017; Piscopo, 2014; Pitkin, 1985; Schwindt-Bayer, 2010). In Mexico, the 2017–2018 electoral process resulted in a historic redistribution of power between women and men, both at the federal and local levels, as well as at the legislative and municipal levels (Ponce & Vázquez, 2019). Not only did the Congress of the Union have equal representation, but also state congresses swore women into 49.7% of their seats. The municipal level experienced a significant increase in women in office, obtaining 28.1% of municipal presidencies, 62.2% of syndicates and 50.6% of disputed departments (INE, 2019). This reconfiguration of power led the LXIV Legislature of the Congress of the Union (2018– 2021) to declare itself the legislature of gender parity and to prioritize the introduction of a substantive equality agenda (Deputies, 2018). For this reason, the Mexican federal Congress constitutes an excellent laboratory for understanding the keys to women’s substantive representation. Political science research on women’s substantive representation is diverse (Barnes, 2018; Caminotti & Piscopo, 2019; Celis, 2009; Cerna, 2017; Celis et al., 2008; Franceschet & Piscopo, 2008; García, 2019; Guzmán & Prieto, 2014; Mansbridge, 1999; Rodríguez & Madera, 2014; Sapiro, 1981; Zaremberg, 2009). Some focus on representation as a process and analyze the extent to which female legislators present initiatives and influence the legislative agenda related to women’s interests

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(Franceschet & Piscopo, 2008; Zaremberg, 2009). Others have studied representation as a result of identifying the factors that promote success in the approval of gender equality initiatives (Barnes, 2016; Caminotti & Piscopo, 2019; Cerna, 2017). In general, these studies have identified that collaboration between female legislators from different parliamentary groups increases the probability of approval of initiatives on the women’s rights agenda. Although studies on the collective action of female legislators from different parliamentary groups have shed light on processes related to women’s substantive representation, they fail to consider the broader social environment beyond the legislative arena for the construction of gender agendas, such as women’s movements, the participation of civil society organizations, the confluence of international actors, among others (Rodríguez-Gustá & Madera, 2016). From this perspective, the participation of innovative women’s political organizations and their incidence in the articulation of collaborative networks between female legislators from different parliamentary groups has not been sufficiently explored in the academic literature and, consequently, legislation on equality between women and men seems to be presented as the result of dynamics that are proper to the legislature, without considering the confluence of external actors that undertake, promote and allocate resources in favor of certain normative frameworks. In addition to the above, diverse perspectives on women’s substantive representation coincide on one element—their study involves analyzing the behavior of legislators in relation to the gender agenda. Based on this, various investigations propose understanding substantive representation from three approaches: (1) as a process, (2) as a result or (3) in a comprehensive way (Barnes, 2018; Caminotti & Piscopo, 2019; Celis, 2009; Celis et al., 2008; Cerna, 2017; Franceschet & Piscopo, 2008; García, 2019; Guzmán & Prieto, 2014; Rodríguez & Madera, 2014; Zaremberg, 2009). Approaching women’s substantive representation as a process includes analysis of whether legislators’ attitudes toward and activities regarding the issues addressed in legislatures have gender biases (Caminotti & Piscopo, 2019; Franceschet & Piscopo, 2008; Rodríguez & Madera, 2014). These investigations have found that it is possible to feminize the legislative agenda, even though the institutional context prevents the approval of the proposed laws (Childs, 2006; Piscopo, 2014; Zaremberg, 2009). Hence, analysis of substantive representation should consider not

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only the cases in which initiatives become laws, but also the factors that explain others’ lack of success. Focus on substantive representation as a result analyzes policy changes starting from the approval of legislation on the agenda related to equality between men and women (Dahlerup, 2006; Franceschet & Piscopo, 2008; Rodríguez & Madera, 2014). These investigations conclude that descriptive representation has empowered female legislators to be protagonists in the transformation of politics, mainly when they occupy spaces within institutions and have decision-making power (such as the coordination of parliamentary groups, the presidency of directive tables or commissions, among others) and when they build collaborative networks among themselves beyond party limits (Barnes, 2016; Caminotti & Piscopo, 2019; Rodríguez & Madera, 2014). For its part, the comprehensive model of substantive representation jointly analyzes the process and the result in four areas in which legislators act (Schwindt-Bayer, 2010, 2018). The first refers to political preferences, that is, legislators’ opinions and beliefs on how to represent their constituents, the way in which they interpret their constituents’ interests, and the issues they privilege when carrying out their legislative work. The second area refers to legislative work, which includes the initiatives they present and their participation in enacting and approving laws. The third analyzes the position that legislators occupy in chambers (political coordination, boards of directors, coordination of parliamentary groups and ordinary commissions), and the fourth refers to work in the electoral district, that is, the political work that representatives carry out with the people they represent, which is generally done in their home districts rather than in the seat of the legislative body. This also considers the time that legislators spend in their districts, participation in forums and activities organized by special sectors, speeches and press interviews. These different perspectives on representation (as a result, as a process and the comprehensive model) have received criticism in that legislators’ attitudes do not necessarily translate into actions and actions are not mechanically transformed into policy change since representatives’ possible desire to promote women’s interests is mediated by an institutional context (Franceschet & Piscopo, 2008; Schwindt-Bayer, 2010), and this context does not just refer to the processes proper to the legislative arena. It also includes external actors like civil society organizations, the feminist movement, international actors, among others, who converge

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with the capacity to undertake, promote and allocate resources in favor of certain normative frameworks. Furthermore, the study of women’s representation in legislatures involves examining this sector of the population’s interests and how to distinguish them from other political interests, that is, defining the gender agenda. Women’s interests (gender agenda) are related to historic inequality between men and women and the problems derived from it, without implying that women constitute a homogeneous group with common interests (Mansbridge, 2005; Pitkin, 1985; Schwindt-Bayer, 2010). Hence, it is impossible to establish a delimited set of women’s interests; rather, these interests are contextually and historically localized (Guzmán & Prieto, 2014, p. 15). That is, the gender agenda refers to issues that legislators prioritize in their legislative work and, to identify them, it is necessary to document the issues they promote in order to inductively infer the specific legislative issues that build the agenda in favor of equality between women and men in a given time and place.

The Feminist Agenda in the LXIV Legislature of the Congress of the Union This chapter argues that the approval of laws on the feminist agenda is not just the result of dynamics exclusively related to the legislative body; external actors also converge, including civil society organizations, the approval of international treaties and feminist movements with the ability to influence the legislative agenda-shaping process, as well as to positively influence the articulation of networks of support between female legislators from different parliamentary groups. To support this argument, this section analyzes the construction of the gender agenda (feminist agenda) based on the following elements: (1) the relationship between the initiatives presented and compliance with international recommendations, (2) correspondence between the legislative agenda on women’s rights and feminism’s agenda and (3) lobbying on the part of organized women’s networks in light of Mexico’s 2019 approval of a constitutional reform on gender parity, known as “paridad en todo” (Parity in Everything). The Gender Agenda and International Treaties The international institutional framework has incorporated the principle of equality between women and men in the general framework of human

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rights, in the Universal Declaration of Human Rights and in various conventions and instruments that promote participating states to harmonize their legislation and public policies with principles of equality, nondiscrimination, and the elimination of violence against women (CELIG, 2020). Some of the instruments on gender equality and women’s empowerment that Mexico has ratified include the Convention on the Political Rights of Women (1953), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (1979), the InterAmerican Convention on the Prevention, Punishment, and Eradication of Violence against Women, known as the Convention of Belém do Pará (1994), the Beijing Declaration and Platform for Action (1995), the Montevideo Consensus on Population and Development (2013) and the 2030 Sustainable Development Goals. The recommendations issued by the Monitoring Committees of these instruments are binding on Mexican institutions (CPEUM, art. 1). Thus, in recent years, Mexico has received recommendations on matters of substantive equality from the CEDAW Committee since Mexico signed that convention in 1981. The same occurred with the UN’s Sustainable Development Goals (2015) since Mexico was one of the most active countries in the definition of these goals, which are supposed to be fulfilled no later than 2030, as well as with the 2019 Universal Periodic Review derived from the Human Rights Council of the Universal Declaration of Human Rights. Therefore, when analyzing the achievement of legislative work in relation to the international commitments that the Mexican State has ratified, we must monitor the initiatives and decrees that the Congress of the Union has passed on women’s rights. In this vein, Table 8.1 systematizes the relationship between gender initiatives and international commitments based on the following topics: legislative framework and definition of discrimination against women, gender violence, gender perspective, domestic violence, prostitution, justice, harmful practices, human trafficking, economic empowerment and social benefits, participation in political and public life, education, employment, health, rural women and indigenous women, migrant women, refugees and asylum seekers, female prisoners (deprived of freedom), as well as on marriage and family relationships, in the period from September 1, 2018 to April 30, 2020 (CELIG, 2018, 2019a, 2019b, 2019c, 2020).

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Table 8.1 Legislative agenda matrix for gender equality. Progress in compliance with international recommendations Initiative Topics Initiative Decrees published in the DOF (Total) Sep-Dec Feb-Apr May-Jul 2019 2019 2019 Discrimination against women Gender violence Gender perspective Domestic violence Prostitution Justice Harmful practices Human trafficking Participation in political life Education Employment Health Rural and indigenous women Migrant, refugee and asylum-seeking women Female prisoners (deprived of liberty) Marriage and family relationships Total

Aug-Dec 2019

Jan-Apr 2020

Total

30

0

0

0

0

0

0

88

0

0

0

0

1

1

63

0

1

1

0

0

2

8

0

0

0

0

0

0

0 7 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

2

0

0

0

0

0

0

38

0

0

0

0

0

0

17 69 27 6

0 1 0 0

0 1 0 0

0 0 0 1

0 0 0 0

0 0 0 0

0 2 0 1

8

0

0

0

0

0

0

7

0

0

0

0

0

0

17

0

1

0

0

0

1

387

1

3

2

0

0

7

Source Author’s elaboration based on data from CELIG, Legislative Agenda Matrix. Progress in Compliance with International Recommendations, September-December 2018, January–April 2019, May–July 2019, August-December 2019, January-April 2020, Chamber of Deputies, available at: https://bit.ly/3aLYSKz

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The systematization of laws presented in the Congress of the Union in the area of women’s rights makes it possible to calculate a Legislative Success Index based on the number of bills approved compared to the number of initiatives presented by legislators in matters of substantive equality. In this way, we know that, from September 2018 to April 2020, of the 387 initiatives on gender equality that legislators presented in the federal Congress, the Legislative Success Index was 1.8%. This means that, on average, 1.8% of initiatives on gender equality became law (Vázquez, 2022). Faced with this scenario, and having identified the matters that were successfully legislated, as well as the interests reflected in the legislative agenda, it is important to investigate how substantive representation happens when legislation on women’s rights is approved. The Gender Agenda and Feminist Movements The representation of women can be feminist or non-feminist (Piscopo, 2014). Hence, the question arises as to which feminist agendas are more successful with respect to the approval of legislation, that is, which area of progressive women’s rights is most promoted and approved in Congress. Feminist representation can be of four types: equality (equality in the public space), difference (freedom), diversity and balance (equality in the private sphere) (Scheme 1). The objective is to analyze the relationship between feminist movements and the construction of the legislative agenda on the progressive women’s rights. Hence, types of feminisms are indicative (not limiting), and it is assumed that different feminisms share some general agendas. There are two main types of classic feminists, namely those associated with equality feminism and those that identify with difference feminism (Valeria, 2019, p. 54). The former includes all currents that defend the emancipation of women, equal rights and citizenship. This perspective assumes that equality should be the political paradigm around which relationships between men and women are built since the problem is not difference (the result of historic discrimination against women), but rather hierarchy and men’s appropriation of power (political, economic, symbolic, religious, social, cultural). Difference feminism encompasses feminisms that emphasize as an alternative the creation of a culture based on sexual difference, on the resignification of women’s bodies beyond men’s constructions, on the reappropriation of the body, motherhood, language and, in general,

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culture. From this position, difference is the appointed political paradigm around which social, political, economic and cultural life must be rebuilt and organized. Both positions agree that differences between men and women exist, that biological differences should not determine women’s lives and relegate them to a subordinate social position, that the opposite of equality is inequality, not difference, and that conflict and subordination arise when inequalities are built on biological differences. However, both emphasize different aspects. For difference feminists, the fundamental idea is not equality, but freedom, and vice versa. This is how Weldon (2002), a difference feminist, puts it: We did not want to be emancipated women. We wanted to be free women because yes, in our own right… We discovered what friendship and complicity between women was in an environment without bosses, without boyfriends, without husbands, without general secretaries to mediate between us and the world. (Weldon, 2002 pp. 13–14)

Faced with these two prominent types of feminisms that put freedom and equality at the center, other political ideas emerged alternatively, such as recognition, identity and a revision of central concepts like the female subject in relation to cross-border subjects such as migrants, mestizos, lesbians, transgender, transsexual or queer persons. Amidst deep debate within the movement, many different theories emerged, such as gender theory, queer theory, lesbian feminism, socialist feminism, black and Latino-Chicano feminism, postcolonial feminism, post-feminism, transfeminism, African feminism and post-gender feminism, among others, that call for a review of feminism’s central postulates (Valeria, 2019, pp. 49–132). Thus, starting in the 1980s, concepts, expressions and new concerns were incorporated into feminist theory. All these feminisms are characterized by recognizing and accepting the diversity from which they understand the cultural, symbolic and economic injustice rooted in society’s structure. For the purposes of this chapter, all the feminisms referred to previously fall under the category of diversity feminisms (intersectionality). After years of critical revision of the theory, feminism in the twentyfirst century (the fourth feminist wave) has again begun to focus on women’s concerns and the problems they face, such as sexual violence and wage inequality, feminization of poverty, surrogacy, family care, among

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others, by reconsidering that the economic, political and social system that persists is not sustainable. This new wave of feminism is defined by taking up the ideas of substantive equality (real equality) and social justice. For the purposes of this chapter, feminism’s fourth wave falls under the category of conciliation (or substantive equality). Substantive equality implies autonomy, that is, the possibility of choosing and deciding; it supposes authority and the capacity to exercise power, i.e., women in power and with power. It also implies equal chance to speak with a voice that is heard, a voice that has testimonial value and is subject to the same standard of evidence and investigation as that of men. Ultimately, it has the same value as that of men, which is especially relevant for creating spaces free of violence against women since aggression is interpreted as contempt, disdain and disrespect. For its part, the idea of social justice has two main areas: redistribution and recognition. The first area refers to a fairer redistribution of resources and wealth and, therefore, the struggle for equality through new distribution processes. The second requires, as a necessary condition for equality, a policy of recognition of multiple identities that are more hybrid and complex. From this perspective, there are two analytically different ways of understanding injustice: socioeconomic and cultural (or symbolic). The first is rooted in society’s economic-political structure and includes exploitation, economic inequality and deprivation, that is, when one’s work is for the benefit of another person and remains limited to undesirable or poorly paid jobs, or when one is denied access to salaried work without further ado, as well as deprived of adequate material living standards. Demands for transformation call for a political-economic restructuring by redistributing income, reorganizing the division of labor and transforming basic structures in society that are grouped under the notion of redistribution. The Gender Agenda and Organized women’s Networks This section examines the participation of organized women’s networks as a key element in understanding how substantive representation of women occurs in congresses, both in the process of shaping the agenda for substantive equality, as well as when it comes to entrepreneurship and dissemination of public policies. For this, we analyze the participation of two women’s organizations, including Red de Mujeres en Plural (plural network of women) and 50 + 1, in the legislative process surrounding

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the 2019 approval of a constitutional reform on gender parity in Mexico’s federal congress. This analysis sustains the hypothesis that these organizations favorably impact the articulation of collaborative networks between legislators from different parliamentary groups, which increases the probability that initiatives related to women’s rights will be approved. In 2019, the Gender Parity Legislative (LXIV Legislature) approved a constitutional reform known as “Parity in Everything,” establishing parity between men and women in the executive, legislative and judicial branches, as well as in constitutionally autonomous bodies at the federal, state and local levels. The motto Parity in Everything emerged when activists, academics and politicians joined civil society organizations, such as the Red Mujeres en Plural and 50 + 1, and together used different mobilization strategies such as lobbying, communiqués and press conferences, and co-participation in the preparation of proposals for drafting the reform, among others. They successfully formed a collaborative bloc made up of female legislators from all congressional groups, which was decisive for disseminating gender parity beyond the electoral sphere to include public administration and constitutionally autonomous bodies. Collaboration among women beyond party boundaries was so effective in the case of said constitutional reform that both chambers of the Congress of the Union unanimously approved the draft from the original commission without modifications. In addition, after decisive lobbying success on the part of female legislators in the federal Congress, this practice was disseminated in local congresses in such a way that, in just two weeks, these legislatures called extraordinary sessions and endorsed the constitutionality of the reform. Lobbying on the part of the Red de Mujeres en Plural was critical for the incorporation of Senator Martha Lucía Micher to the group of political innovators that helped get the reform approved. In fact, in collaboration with Senator Alicia Caraveo, she formulated her own legislative initiative on gender parity. The collaboration of Senator Martha Lucía Micher was very beneficial for the legislative process; she was in charge of convincing a significant number of legislators from the MORENA bloc (the party to which the current President of the Republic, Andrés Manuel López Obrador, belongs and which has a majority in both chambers of the Congress of the Union) to promote a general vote— and without particular reservations— in favor of this constitutional reform. This political achievement was not minor when considering that the first initiative on the matter was presented by Senator Kenia López

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Rabadán, who strategically relied on the media to attract attention to her initiative and question different actors’ disposition and consistency in supporting such a large-scale legislative project, including Red de Mujeres en Plural and the Senate of the Republic’s equality commission. Senator López Rabadán, from the National Action Party (PAN for its initials in Spanish), the first minority party in the Senate of the Republic, implemented a strategy that was so effective in getting actors involved that all the parliamentary groups with representation in the Senate presented initiatives that were similar or complementary to the constitutional reform. One example of this includes initiatives from Senator Claudia Anaya of the Institutional Revolutionary Party (PRI for its initials in Spanish) and Senator Alejandra Lagunes of the Ecologist Green Party, respectively. The same happened with all the political parties in the Chamber of Deputies. As a result, between September 2018 and April 2019, 24 constitutional and secondary reform initiatives on gender parity were presented in both houses of Congress. In April 2019, a ruling that integrated all the initiatives related to gender parity was approved in committee. However, despite the fact that the Senate agreed that it would go up for vote in the Plenary Session while the Senate was ordinarily in session, a political situation interrupted the reform’s legislative process. At that time, the MORENA bloc sought to obtain approval of secondary laws related to the National Guard, which were the subject of much controversy and which opposition parties categorically rejected. In retaliation, MORENA parliamentary leaders refused to discuss the parity reform in plenary, even though said discussion was scheduled and published in the Parliamentary Gazette. At that crucial moment, support from the Red Mujeres en Plural, 50 + 1 and from female senators across political parties (in their capacity as policy innovators) was vital in reactivating the legislative process. Women’s organizations, academic institutions, opinion leaders, and opposition parties exerted media pressure by issuing press releases, organizing conferences, and lobbying with representatives and legislators in order to get the Senate majority group (MORENA) to approve discussion of the constitutional reform in an extraordinary legislative period. The reform was finally approved in the Senate and sent to the Chamber of Deputies for analysis and discussion. The legislative process in the lower house also presented some setbacks. On several occasions, certain commission members responsible for analyzing the reform did not attend the meetings scheduled for

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discussion and eventual approval. Likewise, several deputies presented reservations in order to condition and delay the reform’s approval. However, once again, lobbying efforts from the Red de Mujeres en Plural, 50 + 1, and the overall support structure with female deputies from all parliamentary groups managed to dismiss these reservations to the point that they were never formally presented. Thus, on May 23, 2019, the plenary session of the Chamber of Deputies resolved the following: At its core and in all its arguments, the draft from the Chamber of Senators includes the most important discussions, positions and concerns related to the United Commissions on Constitutional Points and Gender Equality. Therefore, based on the following points… we resolve to positively approve, without modifications, the draft with a decree that reforms articles 2, 4, 35, 41, 52, 53, 94, and 115 of the Political Constitution of the United Mexican States, for the conducive constitutional effects. (Chamber of Deputies, 2019, p. 117)

The reform was published in the Official Gazette of the Federation on June 6, 2019. In that sense, this constitutional reform, which was originally formulated by Senator Kenia López (of the GPPAN party), gave the Red de Mujeres en Plural and female legislators from all parties a window of opportunity to promote equal access for women to decisionmaking positions along the three branches of government and at the three levels of government, including autonomous bodies, thus constituting a historical change in how power between women and men is distributed. The political momentum behind the legislative reform process, as well as strong media attention on the issue, made the costs of opposing the reform high and, as a result, the draft decree was approved unanimously in both houses. Thus, female legislators confirmed that, to successfully pass legislation that favors the interests of the women they represent, collaboration among them beyond ideologies and the limits of party lines is essential. This strategy was successfully replicated in local congresses when it came to ratifying the constitutionality of the reform. As a result, this practice may be replicated with other issues on the legislative agenda that directly impact women’s rights, thus significantly increasing women’s substantive representation in the legislature of parity (LXIV Legislature). In addition to the merit of creating a collaborative bloc among female legislators from different parties, civil society organizations—Red Mujeres

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en Plural and 50 + 1—were also key actors in the support structure that helped spread gender parity beyond the electoral sphere, thanks to two important institutional characteristics. First, the fact that some organization members also held positions in public administration and autonomous bodies meant that they were able to transfer the gender parity policy as a tool for correcting inequalities in other spheres of government. Likewise, the fact that some members of the Red de Mujeres en Plural y 50 + 1 were legislators meant that they could contribute to debate from within the legislature. Second, the Red de Mujeres en Plural had already been working on women’s rights for years, making it an organization that all parliamentary groups recognized and accepted as legitimately able to intervene in legislative debates on gender parity in public service. In fact, the Parity in Everything movement represented an opportunity to rethink demands for gender equality and call for effective measures that guarantee women’s rights. The movement produced both a legal change (materialized in the 2019 gender parity constitutional reform) and a semantic one that went from numerical parity to equality in the exercise of power, from descriptive representation to substantive representation. Thus, after years of intense activism, the search for the adoption of parity brought about enormous regulatory change on equality between women and men in Mexico. Therein, the creation of a support structure in favor of parity was decisive, as was the participation of key actors in said structure, such as the political entrepreneurs from Red Mujeres en Plural and 50 + 1.

Conclusions This chapter addressed the relationship between the approval of legislation on gender equality and women’s substantive representation in Congress, based on three elements: (1) the relationship between the initiatives presented and compliance with international recommendations, (2) the correspondence between the legislative agenda on women’s rights and that of feminist movements, (3) support from organized women’s networks in lobbying for the approval of parity throughout 2019. It was argued that passing legislation favorable to women’s interests is not just the result of dynamics proper to the legislative body, but also involves external actors, such as women’s movements, civil society organizations and international actors with the capacity and resources to influence the

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agenda-making process on substantive equality, as well as the approval and dissemination of public policies. With this in mind, this chapter analyzed the participation of two women’s organizations—Red de Mujeres en Plural and 50 + 1—in the legislative process that led to the approval of the 2019 constitutional reform on gender parity in Mexico’s federal congress. This analysis resulted in the hypothesis that activism from these organizations can favorably impact the articulation of collaborative networks between female legislators from different parliamentary groups and contribute to strengthened support structures for the approval of common agendas. Systematizing draft decrees approved by the Congress of the Union on the subject of women’s rights made it possible to calculate legislative success rates. During the period from September 2018 to December 2019, there were 387 initiatives on gender equality, which had a success rate in terms of legislative production of 1.8%. In other words, on average, 1.8% of initiatives on gender equality became laws. However, analysis of all the decrees approved by the Congress of the Union revealed that the substantive equality agenda is among legislators’ top priorities, ranking second in the most legislated issues, followed by economic and fiscal matters (19 decrees), and tied with public safety issues. Although Mexico has positioned itself at the forefront in the adoption of formal mechanisms to increase women’s representation in spheres of power, challenges remain in its advance toward substantive equality between men and women. In this sense, Mexico must move from numerical parity to equality in the exercise of power. One way, among others, of achieving this is through the real inclusion of women in decisionmaking spaces, such as in political coordination boards, the coordination of parliamentary groups, and in the presidencies of commissions and of boards of directors. In other words, it is not enough for women to occupy public positions; rather, they must be guaranteed the opportunity to exercise power on equal terms with men as a way of advancing toward the strengthening of substantive representation and, therefore, toward the consolidation of a democracy based on parity. Other elements for future analysis include the role of the judiciary in enforcing approved legislation on women’s rights, for example, in cases of legislative omission when implementing the Parity in Everything constitutional reform and of gender-based political violence against women at the local level. Likewise, the role of technical secretaries on presiding commissions is another element that could influence the drafting and approval

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of legislation on substantive equality between women and men. Among the factors related to legislative collaboration to be analyzed in future studies, several stand out, including collaboration among female legislators from different parliamentary groups, among female legislators from the different Chambers, among female legislators at the federal and local levels, as well as alliances (lobbying) with male legislators. All of this analysis will provide more elements for understanding how support networks in favor of certain normative frameworks are successfully articulated.

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CHAPTER 9

Gender-Based Political Violence: Regulatory Demand and Multilevel Legislative Harmonization in Mexico Flavia Freidenberg and Karolina Gilas

This work was supported by UNAM-PAPIIT Project IN301020 “Electoral Reforms and Democracy in Latin America”, directed by Flavia Freidenberg and affiliated to the Institute of Legal Research of the National Autonomous University of Mexico. F. Freidenberg Institute of Legal Research, National Autonomous University of Mexico (UNAM), Mexico City, Mexico K. Gilas (B) Faculty of Political and Social Sciences, National Autonomous University of Mexico (UNAM), Mexico City, Mexico e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_9

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Introduction Political violence against women is a widespread phenomenon wherever women participate in public life. According to data from the InterParliamentary Union, at least 80% of female legislators around the world have experienced some episode of violence, whether psychological, economic, physical, or sexual (IPU, 2016). In recent years, in Latin America, the successful implementation of affirmative and gender parity measures aimed at strengthening women’s access to institutions has significantly increased their descriptive representation, but it has also revealed that female political actors are victims of political violence because they are considered “intruders” (Elman, 2013, p. 236). Gender-based political violence is one of the main barriers to accessing and exercising citizenship and rights in Latin America (Albaine, 2015; Freidenberg, 2017; Krook, 2020; Piscopo, 2017; Biroli, 2018). Institutional, media, and political efforts to promote women’s access to and exercise of power have exposed practices, simulations, and resistance that reproduce patriarchal, misogynistic, violent, sexist, discriminatory, and exclusionary forms of politics, whether directly and in person or online. Women have questioned the dominant status quo, which has historically been controlled by men, evidencing a political culture where male domination and machismo prevail (Otálora Malassis, 2020, p. 54). Instead of conceiving of women’s participation and representation as an opportunity to transform practices, favor the expansion of rights and reduce “structural inequality” (Saba, 2016), many men (and some women) see it as a threat to their privileges. While women did not challenge the established order or question the spaces given to them (often begrudgingly, as concessions from party leaders), no one questioned its suitability (Freidenberg, 2017). Patriarchal disparities, discriminatory cultural norms, and economic inequalities, Otálora Malassis notes (2020, p. 55), have resulted in practices that deny women’s exercise of human rights and perpetuate violence. Many politicians have expressly and publicly, as well subtly, rejected female candidates, arguing that they are not yet prepared, it is not their turn, they are not interested in politics, or do not have the experience or sufficient merit to exercise a position based on popular representation. As an example, in recent years, there have been various incidents of gender-based violence against female legislators from Morelos. Their

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male counterparts have questioned her trajectories (such as Hugo Éric Flores Cervantes who verbally attacked a female deputy by pointing out that, “… all I’m saying is that she is a bit ungrateful because I made her a deputy”), as well as their legitimacy and suitability for taking up legislative positions (for example, deputy José Casas González pointed out, in reference to female deputies, that “this is what’s bad about taking people out of the kitchen and giving them a seat”) (Freidenberg & Gilas, 2020). In some cases, women have even been made to feel (or stigmatized) as “someone’s pet” as if they were incapable of being autonomous. Resistance toward women particularly increases when women politicians act with independent leadership. Violence is also visible in the fact that faced with the requirement to present a woman’s body as a candidate, many male politicians select candidates that they consider submissive, with whom they usually have personal or family ties, and whom they believe can be commanded and controlled. These hierarchical and exclusive practices, in addition to indicating rejection of women’s legitimacy as political actors, also imply greater obstacles within parties for female activists who are leaders in their own right. Women have been a bargaining chip among internal groups and even a prize that seems more like a punishment for the loser of internal elections (something like “the one who loses an internal election, puts forward the female candidate”). In research on Mexico, there are various examples of this idea and of how political violence is manifested (Cárdenas Acosta, 2018; Freidenberg, 2017; Otálora Malassis, 2017; Otálora Malassis, 2020; Torres Alonso, 2016); the is also true of Argentina (Borner et al., 2009) and Ecuador (Hidalgo, 2020). The level of political violence against women is of such magnitude that various “critical actors” (networks of female politicians, feminist organizations, electoral authorities, civil society organizations, people from academia and/or international cooperation agencies) seek to generate a structure of political opportunity (Tarrow, 1996) that facilitates legislative reforms aimed at regulating such conduct. According to Tarrow (1996), a political opportunity structure refers to the characteristics of a political environment that incentivize people’s participation in collective action, thus impacting their expectations of success or failure. Although legislative efforts have been underway in various Latin American countries (such as Bolivia, Peru, Costa Rica, Mexico, Ecuador and Honduras) (Albaine, 2015; Freidenberg, 2017), these critical actors face much resistance. Debate has been engulfed in the discussion of whether specific legislation is necessary or whether existing laws sufficiently recognize the need

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to not overregulate behavior. Piscopo (2017) warns that “The creation of new norms in the face of current but ineffective ones is not enough to dismantle the normalization of machismo, violence and impunity, which are mutually reinforcing.” This involved robust discussion in relation to the concept, including what should be typified as political violence, what type of sanctions should be enacted (criminal and/or administrative) and, if established, the most appropriate reparation mechanisms and how they might be operationalized. Mexico represents an excellent case for understanding the process of regulating gender-based political violence in a federal political system. In recent years, it has been immersed in deep public discussion regarding how to legislate gender-based political violence in a context of systemic violence and high impunity (Alanis Figueroa, 2017; Piscopo, 2016) at both the federal and subnational levels. After reforms to eight general and federal ordinances related to political violence were approved on April 13, 2020, a process of legislative harmonization began between federal (and general) legislation and that of state entities. Harmonization is understood as the practice carried out by state legislatures to make their laws compatible with federal or general regulations. Harmonizing state legislation with federal and/or general regulations had previously occurred in other areas, like the fiscal, health, or education spheres, as a result of centralizing legislative powers (Serna de la Garza, 2016). This is not the first time that the country has faced this kind of harmonization process, thus evidencing the political system’s multilevel dynamics based on the different arenas-related institutional competition throughout the territory. It is also based on the possibility that states adopt different types of electoral rules due not only to the ability of female legislators and the women’s movement to promote the gender agenda, but also to each parties’ differentiated capacity to exert pressure in each entity. One related example of this came with what became widely known as “Parity in Everything.” On June 6, 2019, the Official Gazette of the Federation published an amendment to 9 articles of the Constitution, thereby incorporating the principle of gender parity and obligating the three branches of government, as well as federal agencies, electoral authorities, autonomous, federal and local organisms, political parties, and all municipal authorities to mainstream this principle when establishing any collegiate public body, and to enforce mandatory registration

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of female candidates to all positions in popular elections. Entities were given one year to harmonize their constitutional and state laws. In this way, in a session on March 12, 2020, the Senate of the Republic approved reforms to 50 laws, and sent them to the co-legislator for their review and, where appropriate, approval. Following this line, the Chamber of Deputies approved amendments to 86 laws on July 29, 2020; they intended to strengthen the protection of women’s rights, under equal conditions, in all spheres of institutional power and in spaces where public decisions take place. The political and social actors within subnational entities can exercise action or exert pressure, each at their own pace and in their own way, to change (or not) the federal or general regulatory framework (or that of other units). Or, where appropriate, national actors can be a source of pressure on subnational units, aimed at expanding women’s politicalelectoral rights; yet, they can also be a space of resistance or reaction to the struggle for rights. All of this evidences the fact that democratizing a country is not necessarily a linear or homogeneous process in all subnational units (Giraudy et al., 2019, p. 14; Suárez Cao & Freidenberg, 2014). The way in which some units (or the federal level itself) influence others as part of the process to disseminate rules and rights involves the democratization of political systems (Freidenberg & Garrido, 2020; Harbers & Steele, 2020; Snyder, 2001). This research aims to evaluate the regulatory results of efforts to legislate on gender-based political violence in Mexico from a multilevel perspective. We intend to understand (a) how this concept was typified and (b) the extent to which resulting laws and legal reforms are more demanding in relation to their capacity to sanction and reinstate women’s political-electoral rights. Although the term “typify” is typical in the field of criminal law, we use it in this context to refer to the definition of a list of behaviors that the legislator has determined to constitute gender-based political violence against women. In itself, reform has been a breakthrough. However, assessment of the similarities and differences within the legislative harmonization process and resulting regulatory frameworks remains an open task. To achieve these objectives, this research offers a methodological proposal (a Regulatory Demand Index for gender-based political violence) that evaluates and defines what is (and is not) violence, how perpetrators of violence should be punished, how to reinstate rights that have been violated and how to guarantee that gender-based political violence is not repeated,

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in line with the standards set by the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women in Political Life, which the Inter-American Commission of Women (CIM) authored. We argue that the process of legislative harmonization and the legislation ultimately adopted at the subnational level has been heterogeneous; this is due to a variety of factors, including differences in the way in which gender-based political violence is conceptualized, the articulation of state systems for addressing violence, the establishment and strength of sanctions, and protection measures and mechanisms established for reparations given to victims. The evaluation carried out helps identify the elements that suitable legislation should have, making it possible to clearly detect acts of violence, to establish strong sanctions, protect victims of violence, and to promote the capacity to reinstate rights when violated. This chapter is organized into five sections. The first examines what should be understood as gender-based political violence on a theoretical level, as well as the key elements for forming a demanding regulatory framework based on elements included in the CIM’s Model Law. The second includes a methodological proposal (the Regulatory Demand Index for gender-based political violence, RDI), with which approved laws can be evaluated and compared. Third, we examine the path from electoral federalism to the nationalization of the Mexican electoral system, which provides parameters for establishing harmonization requirements. Fourth, we apply the RDI to federal regulations and to the legal frameworks of Mexico’s 32 states in order to compare the level of regulatory requirements and establish the extent to which they are more demanding laws. Finally, we conclude with a series of reflections on normative institutional designs and their capacity to regulate behavior in societies undergoing democratic construction.

Theoretical Discussion: What is Gender-Based Political Violence? Increased political violence against women has been addressed in the academic sphere with a number of studies dedicated to understanding its causes and effects and, above all, to conceptualizing it. Latin America has led the discussion on the need to regulate gender-based political violence (Restrepo Sanín, 2020; Biroli, 2018) and there have been a variety of efforts to classify what is understood as violence and political harassment

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against women. These regulatory efforts sprung from a political opportunity structure that combines (a) activism at the local level that relies on international standards to propose an innovative solution to a problem (Restrepo Sanín, 2020), (b) networks of female politicians who work in “gender-friendly coalitions” (Caminotti, 2016) with a diverse set of critical actors from inside and outside of the state apparatus, and (c) the influence of international actors (UN Women, CIM-OAS) that work to foster connections between activists, academics, electoral authorities, and female politicians. Comparative literature defines gender-based political violence against women as behaviors specifically directed against women because they are women with the aim that they leave politics, pressuring them to give up their candidacies or public positions (Cerva Cerna, 2014; Krook, 2017), or as a sexed-based distribution of power and the use—conscious or unconscious—of any means available to preserve it (Bardall et al., 2019, p. 7). Acts of violence directed against women may be motivated by their gender, that is, by the desire to preserve male control over spaces of power (whether committed by men or by other women who reproduce masculinized forms of exercising power) or to “punish” them for challenging or transgressing gender roles and norms (Bardall et al., 2019; Manne, 2017; Kilpatrick, 2004). Cases of violence may also be justified as “just” politics, aimed at resolving electoral conflicts or maintaining power or illicit networks (Piscopo, 2016) and not necessarily due to gender issues. Political violence can be perpetrated by any person and/or group of people, by the State or its agents, by superiors, work colleagues, political parties or their representatives, or by the media and its members. In this sense, violence against women may take the form of intimidating or harming men (husbands, brothers, fathers of female targets) or it could be targeted at children in an effort to disturb their mothers. Regardless of the motives—whether related or not to victims’ gender— violence often takes gendered forms. In other words, violence directed at women is usually different from violence directed at men. Violent acts against women often include sexualized gender scripts, language, or images, as well as sexual attacks (Bardall et al., 2019), which men do not typically face, in addition to physical violence. Physical violence includes actions that impact a woman’s physical integrity, including sexual violence and that of her family. Examples of this type of violence include homicide, kidnapping, beatings, and domestic abuse, as well as abuse and kidnapping of family members and/or collaborators (Freidenberg, 2017). One of the

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clearest manifestations in this sense involves psychological violence, which usually affects the emotional and mental state of an individual, causing anxiety, depression, and stress. It can include threats of physical violence, defamation, social boycotting, stalking, and/or sexual harassment. Establishing sanctions and their consequent application is among the most controversial issues that any regulation that seeks to sanction violence must face. Debate over sanctions bogged down related discussions in Mexico for almost four years (Tagle, 2017). In 2017, there were seven initiatives presented in the Senate and five in the Chamber of Deputies. These projects intended to modify the General Law on Electoral Institutions and Procedures (Ley General de Instituciones y Procedimientos Electorales, LEGIPE), the General Law on Political Parties (LGPP), the General Law on Electoral Crimes, the General Law System of Appeals in Electoral Matters (Ley General del Sistema de Medios de Impugnación en Materia Electoral) and the General Law on Women’s Access to a Life Free of Violence (Ley General del Acceso de las Mujeres a una Vida Libre de Violencia). Initiatives were presented (individually and jointly) by Senators Lucero Saldaña Pérez, María Del Pilar Ortega Martínez, María Marcela Torres Peimbert, Diva Hadamira Gastélum Bajo, Angélica de la Peña Gómez, Adriana Dávila Fernández, Martha Elena García Gómez, Yolanda de la Torre, Cristina Díaz Salazar, Hilda Flores Escalera, Anabel Acosta Islas, Ltzel Ríos de la Mora, Ana Lilia Herrera Anzaldo, Margarita Flores Escalera, María Elena Barrera Tapia, Rosa Adriana Díaz Lizama and Martha Tagle Martínez. It is difficult when those who are usually accused of exercising this type of act are also in charge of regulating these behaviors as far as they hold political power (Albaine, 2017). Sanctions can be criminal or administrative, which implies different forms of punishment. Some acts of violence (rape, sexual or physical assault, murder, blackmail, among others) must be dealt with in the criminal sector, which, of the two, is the most appropriate and already has the necessary tools to identify, judge, and punish those responsible. Meanwhile, electoral authorities must be aware of and sanction other forms of violence, such as misogynistic messaging in electoral propaganda, attacks on social networks, or obstructing the exercise of an elected position. How to care for victims of political violence and restore their rights are also elements to consider when thinking about how to regulate violence. When violence hinders or prevents women from exercising their political rights, it is of fundamental importance that authorities have the appropriate powers and tools for restoring the rights

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of those affected by guaranteeing that they can participate in political processes and/or exercise public office. Based on these debates, within the framework of the Follow-up Mechanism to the Belém do Pará Convention, in 2016, the Inter-American Commission of Women approved the Inter-American Model Law on the Prevention, Punishment, and Eradication of Violence against Women in Political Life (Model Law). This Model Law aims to establish standards that States should follow when creating solid legislation that, in accordance with international instruments, allows for the construction of effective mechanisms that sanction acts of gender-based political violence, repair the related damage that the victims suffer, and establish non-repetition measures that contribute to the eradication of the phenomenon. As such, it constitutes an excellent parameter for analyzing the legal frameworks that diverse countries adopt and identifying national innovations in terms of rights and regulations. The Model Law’s conceptualization of gender-based political violence (article 3) is broad and refers to “any action, conduct or omission, carried out directly or through third parties that, based on gender, causes harm or suffering to a woman or to various women, which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of their political rights. Violence against women in the political life may include, but is not limited to, physical, sexual, psychological, moral, economic or symbolic violence.” The literature includes different classifications regarding gender-based political violence. Krook and Restrepo Sanin (2016) propose a broad definition of violence against women in politics that integrates multiple considerations, including (1) forms of physical and sexual violence within the category of physical violence and (2) the very broad category of psychological violence is divided into three subcategories, including psychological, economic and symbolic violence. This definition is also reinforced by the right to a life free of violence, which includes freedom from all forms of discrimination and from stereotypes that justify women’s inferiority or subordination (Article 4 of the Model Law). One important point here refers to the issue of symbolic violence, which is embedded in culture and is particularly powerful since it often looks and feels right (Galtung, 1990, p. 291). Given the vast diversity of cultures, symbolic violence’s form and content vary more than for other types of violence, but it is present in all societies. It becomes violence when an attack against human dignity is

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present (Krook, 2017) and it can be much more powerful than physical violence precisely because it includes forms of discipline that are fixed in culture (Galtung, 1990, p. 291), making them “subtle (and) invisible” (Krais, 1993, p. 172). The Model Law indicates that violence can occur in the private, public, or state spheres (Article 5) and manifests itself in very different ways, ranging from feminicide, physical and sexual violence, to harassment, intimidation and threats, or to the spread of slander or false information and acts of discrimination and stereotyping. All these forms of violence are motivated by and/or have the consequence of restricting or annuling women’s political rights either as citizens, candidates, or voters, and as partisan or organizational activists, as well as public office holders (Article 6 of the Model Law). The Model Law constitutes an excellent parameter for analyzing the legal frameworks that States adopt. This is because it is the result of a collaborative effort at the international and inter-institutional levels to establish appropriate and efficient standards for attending to cases of gender-based political violence. When comparing the contents of laws, it gives us parameters for confirming if their legislative articulation is sufficient in terms of the following elements: 1. Conceptualization of gender-based political violence: This must include a broad and clear catalog of behaviors that exhibit violence, as well as the forms in which it occurs and, in particular, the possibility that State authorities exercise it. 2. Establishment of coordination mechanisms between competent State bodies when caring for victims and preventing victimization. Adequate coordination requires that the regulation indicate how State agencies should cooperate and coordinate activities to strengthen their response capacity when it comes to this phenomenon and that cooperation mechanisms include not only government agencies, but also political parties, civil society organizations, and/or the media. 3. Adoption of measures to prevent gender-based political violence: Regulation must pursue an objective that goes beyond sanctioning perpetrators of acts of violence and ultimately aim at eradication; hence the importance that regulation clearly indicates the policies and actions that should be promoted to prevent gender-based political violence.

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4. Establishment of the obligation to collect relevant data to identify and follow up on cases. It must establish the need for up-todate, reliable, and comparable data, such that necessary diagnoses, including its causes and effects, can be elaborated for an adequate understanding of the phenomenon and of the results associated with adopted policies. 5. Adoption of measures to protect victims: All regulation must indicate the measures the State will implement to protect female victims, guarantee their physical integrity and protect their rights. 6. Establishment of sanctions: Those who commit acts of political violence must face corresponding sanctions. Regulation must indicate what these sanctions will be, taking into account that they must be scaled according to the seriousness of the facts. 7. Adoption of remedial measures: All regulation must aim to fully satisfy the rights of victims and affected persons, for which reparation mechanisms such as restitution to office, retraction of offenses, and compensation must be provided. In this sense, the State must guarantee a sufficient budget for this purpose.

Methodological Proposal: The Regulatory Demand Index for Gender-Based Political Violence (RDI) The theoretical contributions outlined above and the Organization of American States’ Model Law provide the necessary elements for identifying a series of dimensions and indicators to build a tool that evaluates regulations in force (and/or projects under discussion) to address genderbased political violence. Based on the elements that the Model Law identifies as necessary for the articulation of a robust system that permits the denunciation, prevention, and sanction of acts of violence, and the protection and repair of affected women’s rights, the Regulatory Demand Index (RDI) focuses on five of the seven elements included in the Model Law. Two are not included because they refer to obligations, activities, and transversal public policies, rather than to strengthening mechanisms that attend to gender-based political violence. The obligation to prevent implies that the State is responsible for articulating policies and measures that encompass various areas of social life, seeking to generate changes in political culture and society’s gender

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relations. Likewise, the obligation to collect data on cases of political violence provides the State with more detailed information, allowing it to make better, more informed decisions. Both elements strengthen the State’s capacity to generate public policies aimed at eradicating genderbased political violence, as well as other forms of violence against women. However, they do not have a direct and immediate impact on institutional strength in terms of the ability to denounce, prevent and punish acts of violence, and protect and repair the rights of affected women. Thus, they are not included among the elements that the RDI seeks to evaluate. This research proposes this measurement based on a simple aggregation measure called the Regulatory Demand Index for gender-based political violence (RDI for short). It includes the following elements, which are considered indispensable for the articulation of robust mechanisms that address violence: 1. Typification 2. Institutional Coordination 3. Protection 4. Sanction 5. Reparation Each of the RDI’s dimensions is measured on a scale from 0 to 1. A value of 0 reflects weak regulation regarding gender-based political violence. Conversely, a value of 1 implies the existence of stronger regulation. In this way, the index’s values, constructed in accordance with the additive aggregation rule, range from 0 (lower regulatory demand) to 5 (higher regulatory demand). The RDI is high when a high level of regulatory demand is present. This includes a broad and non-restrictive classification of acts of gender-based political violence, the articulation of close and harmonious collaboration between State institutions and a variety of political actors, the establishment of protection orders; it also guarantees the presence of prevention and non-repetition measures, as well as of reparation and sanctions procedures (Table 9.1). Given that gender-based political violence is specific to the spheres in which it occurs and to the ways in which it presents itself and impacts women, more demanding legislation should recognize particularities and include protection orders, reparation measures, and specific sanctions. Accordingly, laws can be more or less favorable and demanding when

Indicator

Level of classification of gender-based political violence

Level of coordination and cooperation between institutions

Level of protection for victims of gender-based political violence

Conceptualization

Conceptualization

Protection

Does it sufficiently and aptly establish protection measure for victims?

Does it establish a cooperation and coordination mechanism between authorities?

Does it contain an ample definition of gender-based political violence

Measure

The regulatory demand index for gender-based political violence

Dimension

Table 9.1

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(continued)

0. Not present in the regulation 0.5. Restricted—Does not specify behaviors or contains a limited definition 1. Broad: Adheres to the provisions of the Model Law 0. Does not include specific obligations for electoral authorities in the state system of attention to gender-based political violence 0.5. Includes specific minor obligations for electoral authorities in the state system 1. Incorporates specific, compelling obligations and clear cooperation and coordination mechanisms for electoral authorities’ actions in the state system of attention to political violence 0. Does not establish any type of protection mechanisms 0.5. Does not specify the means for cases of gender-based political violence, although it provides them in general for violence against women 1. Includes specific means to address gender-based political violence

Measurement values 9

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Indicator

Level of sanctions for those guilty of acts of violence

Level of reparation of victims’ rights

Sanctions

Reparations

(continued)

Dimension

Table 9.1

Does it establish apt and sufficient reparations for victims?

Does it establish specific sanctions for perpetrators of gender-based political violence?

Measure

0. Does not establish any type of sanctions for acts of gender-based political violence 0.5. Does not specify the sanctions for cases of gender-based political violence, but the general rules apply 1. Makes people who have been sanctioned for acts of gender-based political violence ineligible for office 0. Does not establish any type of means of reparation for victims 0.5. Does not specify the means of reparation for victims of gender-based political violence 1. Includes specific, suitable, and efficient means of reparation for victims of gender-based political violence

Measurement values

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it comes to classification, coordination, sanction, reparation, and the capacity to guarantee non-repetition of gender-based political violence. Analysis of various institutional designs with differentiated rules at the subnational level (like Mexico until 2014) or of a transitional process toward national harmonization (like Mexico since 2014) allows for more precise knowledge of the opportunity and incentive structures that critical actors face when trying to get laws passed. Like any multilevel political system, this perspective is relevant for understanding how the legislative system works (CONAPRED, 2013; Schakel, 2013; Tagle, 2007). The RDI is designed to evaluate how demanding related norms are, making it a tool that can be applied in any context for the analysis of any type of legal advancement that aims to address cases of genderbased political violence against women. In this sense, it is theoretically possible for a subnational entity to have regulations prior to the approval of a federal or general law; in such a case, said entity would not present legislative harmonization activities after the federal reform’s adoption.

Mexico: From Electoral Federalism to the Nationalization of the Election System Mexico is a federal republic made up of a central government and 32 state entities. They have different institutions and electoral and party systems, even though they were dominated by the Institutional Revolutionary Party (PRI) for more than seventy years and some have yet to see partisan change toward pluralism and political competition. Each state’s legislature is different in size and elects its legislators from a combination of single-member districts with a relative majority and at least one multi-member proportional representation constituency, which also has a variable number of legislators. Regulation of electoral organizations corresponded fundamentally to state entities, although they have to adhere to some rules and principles established by the federal Constitution and general laws. In Mexico, federal laws are the exclusive competence of the federal government; general laws bind both the federal government and the states, while local laws that are exclusively enforceable in each state entity also exist. As Serna points out, general laws are adopted in light of “two objectives: to distribute competencies between the federal government, the states and municipalities, providing a basis for the development of correlative local laws and to establish the federal regime with its

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own regulatory body to regulate actions from central powers on relevant matters” (Serna, 2016, p. 141). The 2014 constitutional reform signified a step toward the centralization of electoral organization, replacing the old Federal Electoral Institute (IFE) with the National Electoral Institute (INE) and assigning it new powers with a national scope in relation to the organization of elections, the control of campaign expenses at all levels, and the appointment of members to general councils associated with local electoral public bodies (Oples in Spanish), generating a kind of supervision over Oples’ performance by a national body. However, said reform sought to respect the principle of federalism and maintained state’s legislative freedom in terms of numerous aspects related to the electoral organization (such as the establishment of calendars, regulating the registration of parties and coalitions, or electoral campaigns). In this sense, states were required to harmonize their constitutions and laws with reforms aimed at gender parity in the registration of candidatures. As Alanis Figueroa (2020) maintains, “The 32 legislatures incorporated it without making it necessary to reform either Article 116 or Article 122 of the Constitution.” From 2014 to 2019, 30 local constitutions (which did not include Chihuahua and Veracruz) integrated the principle of vertical parity in the conformation of town council lists; 15 constitutions included horizontal parity, while 31 entities (which did not include Tamaulipas) regulated vertical parity in their laws and 26 (which did not include Campeche, Durango, the State of Mexico, Nuevo León, Tabasco and Tamaulipas) regulated horizontal parity (Alanis Figueroa, 2020). The same reform introduced the gender parity requirement in the registration of candidates for legislative positions at both the federal and state levels, leading to a process of harmonization between federal and local laws. This implied heightened activism on the part of the Electoral Tribunal of the Federal Judiciary (TEPJF) and its chambers in order to lead various states toward gender parity. Following Alanis Figueroa (2020), through the exercise of conventionality control and significant guarantee action, the TEPJF interpreted article 41 of the Constitution in light of international treaties, in the sense that the principle of parity should be extended at the municipal level both vertically and horizontally (TEPJF. Jurisprudence 6 and 7, 2015). In addition, the national electoral administrative body (INE) engaged in activism by demanding and promoting—with other entities—approval of guidelines for the registration of state candidacies to ensure that parties comply with the parity

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requirement in a more or less standardized way across the territory and with the creation of indigenous parity districts (Freidenberg & Gilas, 2020). The dynamics that emerged starting with the 2014 reform are important for multilevel policy analysis since they reveal normative interactions between the political system’s institutional levels. The successful implementation of gender and parity quotas at the national level, the equal or nearly equal composition of most state congresses and significant progress in the incorporation of women in municipal bodies had the unwelcome consequence of increasing political violence against women and its public visibility (Albaine, 2015). Female legislators and activists fought for the adoption of legislation to allow State institutions to act decisively to prevent, detect and punish acts of political violence against women, as well as allow for the effective protection and reparation of affected women’s rights. However, despite work carried out by a broad coalition of women from different parties and civil society organizations, none of the projects presented made it into legislation at the federal level until 2020. Given the problems associated with approving a specific law on genderbased political violence, the TEPJF promoted an inter-institutional initiative called the Protocol to Address Political Violence against Women (“Protocolo para Atender la Violencia Política de las Mujeres ”). The TEPJF, INE, INMujeres, PGR, through FEPADE, SEGOB’s Undersecretariat for Human Rights, and CEAV participated in its preparation. This document is an innovative measure that allows competent state authorities to more closely track the protection of women’s rights and those of their families in cases of political violence against women (Alanis Figueroa, 2017, p. 15). The Protocol identifies immediate and emergency actions when cases of political violence arise; it also establishes coordination frameworks between authorities and spearheads efforts to identify what should be considered an act of political violence. After several years of unsuccessful attempts, on April 13, 2020, the Congress of the Union adopted a series of reforms to eight general and federal ordinances; therein, gender-based political violence is recognized both as a form of gender violence and as a specific crime. Various laws were reformed, including the (1) 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), (2) General Law on Electoral Institutions and Procedures (Ley General de Instituciones y Procedimientos Electorales ), (3)

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General Law on the System of Means of Appeal in Electoral Matters (Ley General del Sistema de Medios de Impugnación en Materia Electoral ), (4) General Law on Political Parties (Ley General de Partidos Políticos ), (5) General Law on Electoral Crimes (Ley General en Materia de Delitos Electorales), (6) Organic Law on the Attorney General’s Office (Ley Orgánica de la Fiscalía General de la República), (7) Organic Law on the Judicial Power of the Federation (Ley Orgánica del Poder Judicial de la Federación), and 8. General Law on Administrative Responsibilities (Ley General de Responsabilidades Administrativas ). The reforms adopted a strong structure, creating what has been called an “integral protection circle” (Espinosa Silis, 2020). They seek to adhere to the standards established by the Model Law and respect the spirit of the Protocol on Violence against Women in Political Life, broadly conceptualizing gender-based political violence, establishing strong sanctions for responsible parties (in the electoral and criminal sphere) and robustly articulating institutional cooperation, protection measures, and reparations. Likewise, the federal level obliged the states to harmonize their legal frameworks with the new national standards for the eradication of gender-based political violence. The new federal regulatory framework includes a catalog of 22 actions that can be classified as gender-based political violence crimes; it also has a gender perspective and deals with women’s political participation, as well as their exercise of power, and also establishes a series of obligations for political parties (such as the approval of protocols, heightened awareness on the part of leaders, a gender perspective in electoral propaganda, among others). The process of legislative harmonization that these reforms require implies a series of complexities and difficulties in a federal State and, in particular, in areas in which the states maintain regulatory competence on par with that of the federal government. In this sense, state entities are not obliged to simply copy rules established by general legislation, but rather can, in exercise of their autonomy, establish regulatory schemes that bring local and general laws into concordance; in so doing, they can create new rights or resist assuming some of the rules set out by federal law. As a consequence, state entities can, on occasion, jump ahead of the federal government regarding a regulation or recognition of certain rights (as happened with the decriminalization of abortion or the recognition of marriage between persons of the same gender in Mexico City), or, lag

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behind it (such as Coahuila, Tamaulipas or Zacatecas, which have yet to legislate on indigenous rights). These entities’ autonomy or freedom to configure the rules results in a high degree of heterogeneity among Mexico’s legal frameworks, even when it comes to matters that the federal government regulates through general laws. This peculiar situation exposes rights to varying and inconsistent degrees of protection, and justifies the need to follow up on processes of legislative harmonization related to the articulation of mechanisms to detect, punish and eradicate gender-based political violence. This dynamic regarding the extension of rights in the territory (subnational policy) and between federal and subnational institutional levels (multilevel policy) reveals a heterogeneous distribution of public goods and differentiated access to rights not only between men and women but also between territorial units over time. Following O’Donnell (1999), Giraudy et al. (2019) or Harbers and Steele (2020), exploring the federal political systems’ subnational and multilevel differences reveals the ways in which Mexican women face adverse conditions in the exercise of their citizenship depending on the state in which they reside.

Demanding Laws? the Process of Legislative Harmonization and Gender-Based Political Violence The path that the states in Mexico have taken toward the legal recognition of gender-based political violence and the establishment of measures to combat it has been heterogeneous, complex and, in many cases, winding. The evidence reveals that legislative routes impact the contents of adopted legislation because, when analyzing state-approved regulation against the standards defined in the Model Law, we see that, although there are elements in common, there are also important differences that are fundamental to the legislation’s effective capacity. After the April 2020 approval of various reforms, as of September 2020, most states (30) began to carry out reforms to adapt their legislative frameworks to the contents of the General Law on Women’s Access to a Life Free of Violence. The remaining states are still in different stages of legislative reform, including Nuevo León (electoral legislation) and Zacatecas (all regulations). Some states had even made changes prior to the federal reform (Alanis Figueroa, 2020), although they did not

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fully respond to the requirements associated with the general legislation. Such is the case of reforms to state law in Coahuila (January 31, 2020) and the State of Mexico (April 14, 2020) that advanced toward a wider conceptualization, but in fact have not harmonized their regulations with the requirements of the general law regarding sanctions, reparation measures, and protection or institutional cooperation. Of the 30 states, four reforms are sub-judicial due to the inclusion of an Unconstitutional Action. Another four have not yet published their reform or are dealing with a veto or “observation” on the part of the governor (Tlaxcala and Veracruz). Analysis thereof reveals that the states opted for different solutions in the five areas that measure how demanding the regulatory action’s legal framework is, namely (1) the conceptualization of gender-based political violence, (2) coordination between responsible state bodies, (3) the inclusion of protection orders for victims, (4) the inclusion of reparation measures and (5) the type of sanctions against those who have committed acts of gender-based political violence. Differences were also found regarding which state laws underwent modification, including the General Law on Women’s Access to a Life Free of Violence, electoral law, and/or criminal law. Most of the changes made to date focus on laws related to the General Law on Women’s Access to a Life Free of Violence and on electoral laws, which have been reformed in 23 and 21 states, respectively. Of these, fourteen states have modified both laws, including Baja California Sur, Coahuila, Guanajuato, Hidalgo, Jalisco, Morelos, Oaxaca, Puebla, Quintana Roo, Sinaloa, Sonora, Tlaxcala and Yucatán. Likewise, fifteen states now recognize political gender violence as a crime in their criminal codes, including Baja California Sur, Colima, Chihuahua, Durango, Guanajuato, Guerrero, Mexico, Morelos, Nayarit, Nuevo León, Oaxaca, Quintana Roo, Sonora, Tlaxcala, Veracruz. On the Conceptualization of Gender-Based Political Violence Regarding the RDI’s first dimension, that is, defining gender-based political violence, 26 states opted for a broad conceptualization. In this regard, these entities followed the guidelines found in the Model Law and federal legislation, recognizing that gender-based political violence corresponds to all kinds of actions and omissions directed at a woman because of her sex, that it has a differentiated impact on women, affects

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them disproportionately, and aims to impair or nullify their politicalelectoral rights. Likewise, five entities that harmonized their laws adopted a more restrictive definition (Guanajuato, Guerrero, Michoacán, Querétaro and Tabasco) by failing to include certain behaviors indicated in the Model Law, such as physical or sexual assault, intimidation, threats, resistance to voting, discrimination, restricting access to justice, limitations on the freedom of expression, and dissemination of gender stereotypes and prejudices. On Institutional Coordination With the second dimension, coordination between institutions, seventeen states (Aguascalientes, Chiapas, Chihuahua, Durango, Hidalgo, Jalisco, Morelos, Nayarit, Nuevo León, Oaxaca, Quintana Roo, Puebla, San Luis Potosí, Sinaloa, Sonora, Veracruz and Yucatán) incorporate specific, compelling obligations for electoral authorities in their state systems that monitor political violence. This relates to the establishment of sanctions, prevention, surveillance and generation of databases, among others. One entity (Mexico) incorporates electoral authorities into the state system, although without giving them obligations or powers within it. The remaining nine entities do not include electoral authorities in their state systems (Baja California Sur, CDMX, Colima, Tamaulipas, Tlaxcala, Guerrero, Querétaro, Guanajuato, Campeche, Baja California, Michoacán, Coahuila, Zacatecas, Tabasco). On Protection Measures for Victims of Violence In relation to the RDI’s third dimension, of the 32 states, 24 include specific protection measures for cases of gender-based political violence (Aguascalientes, Baja California Sur, CDMX, Chiapas, Coahuila, Colima, Durango, Guanajuato, Guerrero, Hidalgo, Jalisco, Morelos, Oaxaca, Puebla, Querétaro, Quintana Roo, San Luis Potosí, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz and Yucatán). Their laws establish that electoral authorities may order the suspension of propaganda, limit or suspend privileges for political parties and suspend those who have committed acts of violence, as well as other measures necessary to guarantee the security of women affected by this violence. Legislation from the other seven entities (Chihuahua, Nayarit, Mexico, Campeche, Nuevo León, Baja California, Michoacán) does not provide specific protection

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mechanisms to care for victims of political violence, but rather is framed in more general measures that attend to women who are victims of other types of violence (particularly inter-family violence). These laws indicate that their mechanisms can also be used in cases of gender-based political violence. On sanctions Against Those Responsible for Gender-Based Political Violence Regarding the fourth dimension, sanctions, only 21 states render ineligible for office people who have committed acts of gender-based political violence (Aguascalientes, Baja California Sur, Mexico City, Coahuila, Colima, Chiapas, Guerrero, Hidalgo, Jalisco, Morelos, Oaxaca, Puebla, Querétaro, Quintana Roo, San Luis Potosí, Sinaloa, Tabasco, Tamaulipas, Tlaxcala, Veracruz and Yucatán). In the case of Puebla, ineligibility applies not only to persons punished for committing acts of gender-based political violence, but also to those responsible for acts of inter-family violence and for failing to pay child support (Article 15 of electoral legislation). Six other entities indicate that people who commit acts of gender-based political violence are to receive sanctions already outlined in electoral legislation, such as reprimands, fines, partial or total suspension of political parties’ privileges, or the suspension or cancelation of registration (Campeche, Chihuahua, Guanajuato, Michoacán, Nuevo León, Sonora). Even though the TEPJF, in SUP-REC-91/2020 and following, ordered that a record be kept of people found guilty for having exercised gender-based political violence and INE created a regulation to put this provision into effect, it has not been incorporated in federal legal reform nor in that of any state. On Friday, September 4, 2020, INE approved guidelines for the integration, operation, updating, and conservation of a national registry of people who commit political violence against women. This database will help verify if a candidate lives honestly (as established by law) and if he or she can register and compete for a popularly elected position, but consultation thereof will only be for dissemination purposes, rather than mandatory. According to the law, violence against a female candidate is grounds for denying the registration of a candidacy. The guidelines outline that offenders will remain on the registry for three years if the offense is minor, four if it is considered ordinary and five if it is extraordinary. If a woman commits an offense, her time on the registry will increase by a third, while

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attacks against vulnerable populations will result in double time on the registry (García Martínez, 2020). Most states establish that the Special Penalty Procedure (PES for its initials in Spanish) is applicable to acts of gender-based political violence, and handling complaints should proceed as follows: the complaint is filed with OPLE, where it is processed and sustained, and then sent to the local court, which has the jurisdiction to resolve the complaint in a public session. In Tabasco, Chiapas, Chihuahua, and Tamaulipas, the electoral administrative office, where the complaint is initially registered, also has final authority over it (Dom´inguez Ar´evalo, 2020, p. 60). Along these lines, another important issue involves incorporating the possibility of presenting challenges related to acts of gender-based political violence before specialized courts. Even though most states expressly recognize this possibility, some, such as Colima, Chiapas, Guanajuato, Michoacán, Querétaro, and Sonora, have not yet incorporated it in the legislation (Domínguez Arévalo, 2020, p. 60). However, the absence of this express provision should not become an obstacle to accessing justice for women who are victims of gender-based political violence. On Reparation Measures for Victims Regarding the fifth dimension of the RDI, 23 states include in their legislation the reparation measures that the Model Law considers essential for guaranteeing women’s rights (Aguascalientes, Baja California Sur, Mexico City, Chiapas, Coahuila, Colima, Guanajuato, Guerrero, Hidalgo, Jalisco, Morelos, Oaxaca, Puebla, Querétaro, Quintana Roo, San Luis Potosí, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz, Yucatán). These laws indicate that reparation measures must be dictated by the competent authorities when resolving sanction procedures and list four specific measures, including compensation, restitution, apology, and nonrepetition measures. Three other states (Chihuahua, Mexico and Nayarit) only provide for reparation measures in laws related to a life free of violence and only in cases of femicide. Overall evaluation of the RDI reveals important differences when it comes to state reforms between April and September 2020. Despite reforming at least some of the laws (electoral or a life free of violence), a significant number of the states (13) opted for the adoption of less demanding laws. In contrast, this research indicates that only 12 entities ratified legal frameworks that comply with all the requirements found in

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the Model Law. Many others complied halfway, limiting the conceptualization of gender-based political violence, leaving out rules that guarantee the protection of victims and reparation of damages in order to effectively sanction—and eventually deter—those responsible for violence or to coordinate between different public bodies responsible for the prevention, investigation, and punishment of gender-based political violence (Table 9.2). Of note, this research finds that equal gender composition in local congresses (where women occupy at least 45% of the seats) was not decisive in determining how demanding the legislation adopted was. Although five of the twelve states with the most demanding legislation have congresses with parity, so do four of the seven states with only a medium level and five of the thirteen states with the lowest level. Furthermore, seven male-dominated legislatures complied with all the requirements established by the Model Law. Equal gender composition was also not linked to the speed with which the state legislatures decided to adopt the reforms to harmonize local laws with the general one. 17 states without gender parity have made the adjustments, compared to 13 states with congresses that have gender parity. Among the states that have not yet implemented the corresponding reforms, one has a legislature with parity; the other has a male-dominated congress (Table 9.3).

Conclusion Regulatory advances aimed at promoting women’s political inclusion do not necessarily imply significant cultural transformations in the practices and decisions associated with female participation (Alanis Figueroa, 2017; Albaine, 2017). Women who have reached positions of power at the legislative, executive, or government levels face numerous institutional, partisan, and cultural obstacles that continue to undermine their leadership and ability to influence public decisions. One of these obstacles, perhaps the most serious one, but that has long been invisible as the “cost” of doing politics, corresponds to violence. Throughout the world, women who hold or seek access to public office face gender-based political violence, which, in its various forms, seeks to keep women out of spaces of power. Political violence and political violence against women are not a new phenomenon; however, academia, activists, governments, and international organizations have made it more visible and given it

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Table 9.2 Level of regulatory demand associated with the law on gender-based political violence State

Level

Conceptualization Coordination Protection Sanctions ReparationsTotal

AguascalientesHigh 1 Chiapas High 1 Hidalgo High 1 Jalisco High 1 Morelos High 1 Oaxaca High 1 Puebla High 1 Quintana High 1 Roo San Luis High 1 Potosí Sinaloa High 1 Veracruz High 1 Yucatán High 1 Sonora Medium1 Baja Medium1 California Sur CDMX Medium1 Colima Medium1 Tamaulipas Medium1 Tlaxcala Medium1 Coahuila Medium1 Chihuahua Low 1 Guerrero Low 0.5 Querétaro Low 0.5 Tabasco Low 0.5 Durango Low 1 Guanajuato Low 0.5 Nayarit Low 1 Nuevo Low 1 León México Low 1 Campeche Low 1 Baja Low 1 California Michoacán Low 0.5 Zacatecas Low 0.5

1 1 1 1 1 1 1 1

1 1 1 1 1 1 1 1

1 1 1 1 1 1 1 1

1 1 1 1 1 1 1 1

5 5 5 5 5 5 5 5

1

1

1

1

5

1 1 1 1 0

1 1 1 1 1

1 1 1 0.5 1

1 1 1 1 1

5 5 5 4.5 4

0 0 0 0 0 1 0 0 0 1 0 1 1

1 1 1 1 1 0.5 1 1 1 1 1 0.5 0.5

1 1 1 1 1 0.5 1 1 1 0 0.5 0 0.5

1 1 1 1 1 0.5 1 1 1 0 1 0.5 0

4 4 4 4 4 3.5 3.5 3.5 3.5 3 3 3 3

0.5 0 0

0.5 0.5 0.5

0 0.5 0

0.5 0 0

2.5 2 1.5

0 0

0.5 0

0.5 0

0 0

1.5 0.5

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Table 9.3 Regulatory demand level and parity in state congresses in 2020 Regulatory Demand Index

States with congresses with gender parity

States with congresses that lack gender parity

High

Aguascalientes Chiapas Morelos Sinaloa Yucatán

Medium

Baja California Sur CDMX Coahuila Tamaulipas Chihuahua Querétaro Campeche Baja California Zacatecas

Hidalgo Jalisco Oaxaca Puebla Veracruz Quintana Roo San Luis Potosí Sonora Colima Tlaxcala

Low

Harmonized

Aguascalientes Baja California Baja California Sur Campeche CDMX Chiapas Chihuahua Coahuila Morelos Querétaro Sinaloa Tamaulipas Yucatán

Not harmonized

Zacatecas

Guerrero Durango Guanajuato Nayarit México Nuevo León Michoacán Tabasco Colima Durango Guanajuato Guerrero Hidalgo Jalisco México Michoacán Nayarit Oaxaca Puebla Quintana Roo San Luis Potosí Sonora Tabasco Tlaxcala Veracruz Nuevo León

increasing attention. Activists and international organizations in particular have drawn attention to the need for the countries in the region to adopt specialized legislation to deal with cases of gender-based political violence. In Mexico, the approval of a law that recognizes gender-based

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political violence as a form of violence that women suffer in the exercise of politics has been part of the feminist agenda since before April 2020. The general legislation approved in Mexico reflects the high standards established by the Model Law; it obliges not only the federal level, but also the states, which must adapt their regulations to comply with protection for women against this phenomenon. This is a historical accomplishment since most Mexican states did not previously recognize gender-based political violence in their regulations; it was not established as a concept and associated behavior was not recognized, in addition to the lack of regulation and of complaint and processing channels (Domínguez Arévalo, 2020, p. 59; Nieto, 2017). However, legislative harmonization in Mexico leaves states with wide latitude to configure their compliance, giving them the final word on how to comply with the general law’s mandate. This research shows that, as a result of this wide latitude, states have adopted highly heterogeneous legislation with profound differences that encompass the very concept and catalog of behaviors that constitute gender-based political violence, standards for coordination between state authorities, the capacity for granting different types of protection measures to victims, measures associated with the reparation of rights, and the strength of sanctions against those responsible. Of Mexico’s 32 states, only 12 articulated the most demanding laws, adhering to all the standards set by the Model Law (Aguascalientes, Chiapas, Hidalgo, Jalisco, Morelos, Oaxaca, Quintana Roo, Puebla, San Luis Potosí, Sinaloa, Veracruz and Yucatán). Another seven did so at a medium level (Sonora, Baja California Sur, Mexico City, Coahuila, Colima, Tamaulipas and Tlaxcala); their most common deficiencies are associated with the articulation of efficient institutional cooperation mechanisms and the obligations of electoral authorities in the framework of state systems for tracking gender political violence. The 13 entities (Chihuahua, Guerrero, Querétaro, Durango, Guanajuato, Nayarit, Mexico, Campeche, Nuevo León, Baja California, Michoacán, Zacatecas and Tabasco) that articulated weak legislation failed to establish reparation measures and opted for deficient regulations when it comes to sanctions and protection measures for victims. While some entities have yet to modify their laws (Nuevo León and Zacatecas), others did so late, preventing the new rules from being applicable to 2021 electoral processes (Mexico City and Tabasco). In the case of Nuevo León, on August 5, 2020, the TEPJF ordered the Nuevo León

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Congress to legislate on and harmonize legislation related to gender parity and political violence. The ruling indicates that reform will be applied after the 2021 elections (SUP-JRC-14/2020). Alanis Figueroa (2020) points out that “The wonderful thing about this ruling is that the electoral court orders local and electoral public bodies and INE itself to approve the necessary guidelines so that, even without reforms to local laws, the general laws are applied directly, and electoral administrative authorities guarantee their compliance. Specifically, in Mexico, there is a prohibition on the issuance of new electoral legislation or modification to the existing one 90 days before the start of an electoral process. Electoral processes scheduled for June 2021, start, for the most part, between August and October 2020. Another ruling that is a blow to the patriarchy.” Partisan resistance has manifested itself in the pace and content of legislative harmonization (Nuevo León is a paradigmatic case in this sense) and it accounts for the pressure that various actors (in favor or with resistance) have experienced in states where the electoral process was about to begin (such as Coahuila and Hidalgo) (Domínguez Arévalo, 2020, p. 58). This evidences state legislatures’ weak commitment to eradicating violence and to gender equality, as well as the weakness of existing mechanisms for legislative harmonization. These substantive differences account for the heterogeneity in the exercise of rights associated with citizenship between different states and the uneven democratization of Mexico’s federal system. Various voices have pointed out the importance of “INE taking on its national character and issuing guidelines, which the law itself allows for, and standardizing criteria throughout the country” (Alanis Figueroa, 2020). When it comes to protecting women’s electoral political rights, activism on the part of the national electoral authority is not new; yet, in this case, it would give local authorities a clearer framework of action in cases where legislation has not yet been enacted or where legislation is still insufficient. In this line, following the reforms’ indications, INE approved amending Radio and Television Regulations to make viable the technical operation of precautionary measures, as well as any public apology ordered as a result of sanction procedures in matters of political violence. The regulatory framework accounts for INE and OPLES’ competence in promoting a culture of non-violence, the incorporation of the gender perspective in the transmission of campaigns and pre-campaigns,

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and punishment for political violence according to the applicable standard (Domínguez Arévalo, 2020, p. 58). Another pending question arises in relation to the legislative harmonization process itself since the regulatory framework does not establish homogeneous mechanisms for legislative harmonization. It also does not establish (from the perspective of respect for human rights) what should occur if harmonization efforts fail to respect the spirit of federal regulations regarding the protection of women’s political rights or, where applicable, if they do not comply with established timelines. This research finds that, contrary to what might be expected, having a state congress with gender parity does not correlate with the reform’s approval or to how demanding adopted legislation is. Legislatures with parity and male-dominated ones were equally likely to adopt more demanding legislation. In congresses with parity, reluctance to pass a law (or the most demanding law) may reflect how likely certain political actors are to veto and resist the recognition and expansion of female politicians’ rights. The Mexican case exhibits both progress when it comes to legislative harmonization and evidences the obstacles that still persist with regard to the exercise of women’s rights in parity-based democracies. The reforms carried out (as well as their progress, lack and/or limitations) will account for their ability to meet objectives in the next elections that, in some states, are scheduled for 2020 and, at the federal level and in most states, for 2021.

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Regulations and Laws Convention on the Political Rights of Women. (1954). https://treaties.un.org/ doc/Treaties/1954/07/19540707%2000-40%20AM/Ch_XVI_1p.pdf Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). (1979). https://www.ohchr.org/EN/ProfessionalInt erest/Pages/CEDAW.aspx Declaration on Political Harassment and Violence Against Women. (2015). Sixth Conference of the States Parties to the Convention of Belém do Pará. http:// www.oas.org/en/mesecvi/docs/Declaracion-ENG.pdf Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará) (1994). https:// www.oas.org/en/mesecvi/convention.asp Inter-American Commission of Women. Follow-up Mechanism to the Belém do Pará Convention (MESECVI). https://www.oas.org/en/mesecvi/about.asp Inter-American Model Law on the Prevention, Punishment and Eradication of Violence against Women in Political Life. (2017). Follow-up Mechanism to the Belém do Pará Convention (MESECVI). (OEA/Ser.L/II.6.17). https:// www.oas.org/en/cim/docs/ViolenciaPolitica-LeyModelo-EN.pdf Ley del Sistema de Medios de Impugnación en Materia Electoral [Law of the System of Electoral Appeals] (2020). Mexico. http://www.diputados.gob. mx/LeyesBiblio/ref/lgsmime.htm Ley General de Acceso de las Mujeres a una Vida Libre de Violencia [General Law on Women’s Access to a Life Free from Violence]. (2020). Mexico. http://www.diputados.gob.mx/LeyesBiblio/pdf/LGAMVLV_010621.pdf Ley General de Instituciones y Procedimientos Electorales [General Law of Electoral Institutions and Procedures]. (2020). Mexico. http://www.diputados. gob.mx/LeyesBiblio/pdf/LGIPE_130420.pdf Ley General de Partidos Políticos [General Law of Political Parties]. (2020). Mexico. http://www.diputados.gob.mx/LeyesBiblio/pdf/LGPP_1 30420.pdf

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CHAPTER 10

The Role of the Mexico City Congress in Advancing Gender Equality Alicia Guadalupe Luna Salazar

Introduction This chapter aims to analyze the role of the Mexico City Congress in promoting the gender agenda. It is of vital importance to analyze and evaluate the role of (local) legislative powers in promoting various laws that contribute to the promotion of the gender agenda on different issues. Mexico has promoted a series of actions and legal reforms aimed at parity in public office. Specifically, the Congress of the Union passed the 2014 political-electoral reform, which enforces equilibrium between male and female candidates for office, passing a set of constitutional rules that guarantee parity between the genders when it comes to candidacies for federal and local legislators (Ciudad & de México. Centro de Estudios Legislativos para la Igualdad de Género, 2020).

A. G. Luna Salazar (B) Faculty of Political and Social Sciences, National University of Mexico (UNAM), Mexico City, Mexico e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_10

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The 2018 election resulted in the most equitable legislature in terms of gender equality, with the smallest difference between the number of male and female legislators in the history of Mexico’s Congress of the Union. It is of interest in this context to analyze the role of the Legislative Assembly of Mexico City and the First Legislature of the Mexico City Congress in the promotion of laws and to identify the challenges that legislative instruments, public policies and political discourse face in the incorporation of the gender perspective. Of note, the Center for Gender Equality Studies (Centro de Estudios para la Igualdad de Género) has consolidated its efforts to assist and support legislative work in favor of the promotion of rights, in the fight against physical and political violence aimed at women and in strengthening political participation, as well as social, cultural and economic rights. In addition to efforts to build spaces that generate opportune information like the Center for Gender Equality Studies, it is important to analyze the effects of equal representation on legislative effectiveness. We will highlight the efforts of the Gender Equality Commission as an ideal space for receiving and analyzing initiatives related to these issues, as well as the implementation of a series of tools that guide legislative practice that facilitates the inclusion of the gender perspective and reduces inequality gaps between men and women. This chapter describes the main actions carried out in this local Congress that could favor the construction of a new equilibrium in the distribution of opportunities and resources between men and women.

The I Legislature of the Mexico City Congress On September 17, 2018, the first legislature of the Mexico City Congress commenced and, with it, a new political composition arrived. The Congress is made up of 66 deputies of which 33 were elected by the principle of relative majority, that is, by popular vote. The other 33 came through proportional representation. It is very important to highlight the equal composition of the Mexico City Congress, allowing all voices to be heard and have the same weight and importance. This research analyzes the normative framework associated with this local Congress to understand its regulations on gender equity. In particular, article 80 of the Organic Law of the Mexico City Congress establishes that every decision must be prepared with a gender

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perspective and the wording must be characterized by clear, precise, inclusive and non-sexist language. Chapter IX of the Organic Law of the Mexico City Congress regulates the operation of the Center for Legislative Studies and Gender Equality (Centro de Estudios para la Igualdad de Género). The institution will be responsible for punctual and exhaustive monitoring of the public policies implemented by the local Executive Power to achieve gender equality; as well as to support the City Congress in the task of allocating public resources in the budget for Expenditures of Mexico City, to implement budget programs aimed at closing the inequality gaps between women and men, which will be evaluated accordingly periodically with a system of indicators to identify the progress of their respective goals. Characteristics and Functions of the Center for Legislative Studies and Gender Equality The Center for Legislative Studies and Gender Equality is a technical body that supports legislative activities on women’s human rights, and it is in charge of conducting research and studies on women and men’s living situations in Mexico City. Article 508 of the Mexico City Congress Regulations refers to the functions performed by CELIG. CELIG’s functions and characteristics are listed below: a) Tracking and monitoring: It must punctually and exhaustively monitor the local executive’s legislative instruments and proposals that aim toward gender equality. b) Orientation: The Center for Legislative Studies and Gender Equality guides actions that reduce inequality gaps between men and women. It has become the technical body par excellence for guiding deputies in the Mexico City Congress on legislative work with a gender perspective. c) Evaluation: CELIG participates in periodic evaluation of legislative actions, designing a system of indicators for measuring the progress and fulfillment of established goals. As outlined in the Regulations of the Mexico City Congress, CELIG’s most representative functions are listed below:

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I. Prepare an annual program of activities and research to establish research criteria and actions. II. Assist with the competent authorities to promote environments free of workplace harassment, as well as sexual harassment and harassment in Congress. III. Carry out investigations that the Congress’s plenary group, board and Commissions request. IV. Provide training courses on gender equality. V. Advise Congress on the allocation of public resources in Mexico City’s expenditure budget to implement budget-based programs aimed at closing inequality gaps between women and men. VI. Periodically, systematically and using indicators, disseminate information to identify the progress of goals and objectives associated with budget-based programs aimed at closing inequality gaps between men and women, as well as of the public policies implemented by the local executive branch. The Center for Legislative Studies and Gender Equality’s Analysis of the Budget with a Gender Perspective To carry out activity 5, which aims to “produce studies on women’s human rights and gender equality,” CELIG notably participates in the preparation of legislative and budget analysis documents on gender and women’s human rights, producing timely information on legislative work related to budget policy for gender equality. For this reason, it analyzes spending in order to understand the results of allocations with an equality perspective in the Mexico City expenditure budget throughout the fiscal year (Ciudad & de México. Centro de Estudios Legislativos para la Igualdad de Género, 2020). Article 11 of Mexico City’s Constitution recognizes women’s fundamental contribution to the development of the city, as well as promotes substantive equality and gender parity. Authorities are to adopt all necessary temporary and permanent measures to eradicate discrimination, gender inequality and all forms of violence against women. One of the main measures for eradicating inequality corresponds to the implementation of a budget with a gender perspective. Budgets with a gender perspective are a governmental tool for promoting and achieving gender equality based on the commitments that countries

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acquired when they signed the action platform formulated at the Fourth World Conference on Women, better known as Beijing 1995. CELIG participates amply in analysis of the 2019 budget in order to corroborate that it promotes reduction of inequality gaps between women and men. As part of the Four Quarterly Report, as well as the 2019 account, the following observations were made: 1) Significant differences were observed in approved budget amounts with respect to the budget exercised at the end of the fiscal year. 2) Fewer resources were allocated to gender equality. 3) The Center recommended promoting compliance with a correct and complete execution of the objectives set out in the budget. The Center for Legislative Studies and Gender Equality (2020) continues monitoring legislative actions presented by legislators in the plenary sessions of the Mexico City Congress, ensuring that the premises of gender equality and respect for human rights remain current and present. Observation and Monitoring from the Center for Legislative Studies and Gender Equality CELIG engages in monitoring and analysis that systematizes and presents timely information for understanding and evaluating legislative performance in the Mexico City Congress. The results from CELIG’s monitoring highlights considerable improvement in the Mexico City Congress’ legislative performance between the First Ordinary Period of Sessions of the First Legislative Year (September–December 2018) and the First Ordinary Period of Sessions of the Second Legislative Year (September–December 2019). According to information provided by its Legislative Services Coordination, in 2018, the Mexico City Congress registered 182 initiatives, while 465 were registered in the 2019 session. In the case of Agreement Points, while the Mexico City Congress registered 219 instruments in the 2018 session, during 2019, 353 were registered. These initiatives contemplated the following topics (1) human rights, (2) the Mexico City Attorney General’s office, (3) the public budget, (4) rights of girls, boys

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and adolescents, (5) childcare and the care system and (6) violence against women. Due to a lack of public safety and high rates of violence against women in Mexico City, the local Congress dedicated the largest part of its legislative instruments to reforming some aspects of the Mexico City’s Criminal Code in order to increase penalties for various crimes, such as inter-family violence, femicide, sexual harassment, or to sanction new phenomena like digital violence, in addition to reforms associated with the phenomenon of heightened awareness of violence against women. Online violence was one topic that stirred interest and consensus. Reforming the Federal District’s Penal Code and Mexico City’s Law on Women’s Access to a Life Free of Violence, these ordinances now define digital violence as: Any act carried out through the use of printed materials, telephone messages, social networks, Internet platforms, electronic mail, or any technological means, by which a person’s intimate sexual material, via real or simulated images, audios or videos, is obtained, exhibited, distributed, disseminated, exhibited, reproduced, transmitted, marketed, offered, exchanged or shared without their consent; that threatens women’s integrity, dignity, privacy, freedom, private life or causes psychological, economic or sexual damage both in the private and public spheres, in addition to moral damage, both to them and to their families, including crimes against sexual intimacy (Ciudad & de México. Centro de Estudios Legislativos para la Igualdad de Género, 2020).

The legislative monitoring that the Center for Legislative Studies and Gender Equality (CELIG) undertakes strengthens transparency and accountability by building a database on legislative monitoring of women’s human rights. Decisions on Gender Parity Regarding decisions on gender parity, the presentation and discussion of three legislative initiatives that propose establishing gender parity in different bodies in Mexico City stand out. a) The first decision issues the Organic Law of Mexico City’s Constitutional Chamber within the Judicial Branch, whose application corresponds to the judicial branch through its Constitutional Chamber. This Institution is the jurisdictional, specialized, terminal and highest local authority

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regarding the interpretation of Mexico City’s Political Constitution, as well as the rules and principles set forth therein. It establishes that the Constitutional Chamber’s main objective is to protect the local constitutional legal order. Its jurisdictional function is governed by the principles of legality, honesty, accessibility, transparency, maximum dissemination and accountability, recognized in the Local Constitution and in the Organic Law of Mexico City’s Constitutional Chamber within the Judicial Branch. The composition of the Chamber should be noted. According to the Parliamentary Gazette, the male and female magistrates appointed by the plenary session of Mexico City’s Superior Court of Justice elect seven male and female Magistrates (no one gender can have more than four seats). b) The second decision indicates that the Mexico City Congress approved a Planning Law for the country’s capital. It establishes the creation of a Planning Institute, a body that will be responsible for defining important instruments, such as the General Urban Development Plan, for the next 20 years. The Planning Institute is a decentralized public body with technical and managerial autonomy, and it is endowed with a legal character and its own assets that must consider the principle of gender parity when integrating its different administrative bodies and units. Legislative Balance of the Second Ordinary Period of Sessions The Legislative balance within the Mexico City Congress’ Second Ordinary Period of Sessions took place in the midst of the COVID-19 health crisis. Starting on March 24, the Mexico City Congress suspended activities. On May 19, 2020, a session was held to approve the decision that modified the Mexico City Congress’ Organic Law and Regulations; there, they approved holding sessions virtually to continue with their legislative work. This virtual medium has made legislative development and performance in Mexico City visible to all and available for all to hear. During this period, legislative work was subject to monitoring and follow-up by the media and public. Monitoring of attendance and deputies’ behavior on zoom sessions, as well as their symbolic language, has become the subject of public discussion.

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During these virtual sessions, the public was able to observe the notable and considerable participation of the Mexico City Congress’ 33 legislators. It is vitally important to attend the virtual sessions in order to fully understand deputies’ legislative performance and evaluate their acquired capacities and abilities in the fulfillment of such an important function. During the pandemic, representatives in the Mexico City Congress were most concerned with the right to a life free of violence. Violence against women, adolescents and girls is a worrying issue because it is experienced every day in different ways, through different mediums, and in different places. While confinement orders were in place to lower COVID infection rates, registered cases of inter-family violence increased on telephone calls to “Línea Mujeres” (the women’s line). During the months of February, March and April 2020, calls classified as gender violence increased. In March 2020, 303% more calls were received than in March 2018, and 191% more than in March 2019 (Ciudad & de México. Centro de Estudios Legislativos para la Igualdad de Género, 2020). From February 1 to May 31, 143 legislative instruments were presented to the plenary session of Congress, of which 54 were promoted by deputies in defense of women’s rights. During the second ordinary session, it is clear that female deputies’ participation increased considerably. We could affirm that women’s presence in local spaces of representation has resulted in increased attention to the social demands associated with their gender. In addition to issues related to violence, initiatives related to the productive and political rights of women in Mexico City were also presented. The Legislative Balance prepared by the Center for Legislative Studies and Gender Equality (CELIG) reveals statistical data and a general panorama related to legislative work on interest in women’s human rights and the search for legal solutions to social problems. According to CELIG, of the Mexico City Congress’ 41 decisionmaking commissions, 23 are chaired by female deputies from different political parties. This means that on more than 50% of commissions, women have the opportunity to promote a gender equality agenda (Ciudad & de México. Centro de Estudios Legislativos para la Igualdad de Género, 2020).

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This points to an advantage for the gender agenda since the gender perspective seems to be positioned as a priority issue for representatives in Mexico City’s legislative branch. In accordance with the above, the need emerges to implement and use a series of mechanisms or instruments that guide legislators to more fully mainstream the gender perspective in the Mexico City Congress’ legislative work. In accordance with the previous section, the Gender Equality Commission has the power to promote the introduction of the gender perspective in all legislation and policies. It also supervises and rules on proposals from the rest of the commissions regarding the gender components in their initiatives.

The Gender Equality Commission This section aims to describe the efforts of the Gender Equality Commission toward consolidating inclusion of the gender perspective as part of the criteria that guide the creation and modification of laws. Commissions are bodies in charge of analyzing, discussing and preparing an initiative’s decision, and thus fulfill the most important function along the legislative process. Composition of the Gender Equality Commission According to the Mexico City Congress’ Organic Law (2018), article 67 states: Commissions are internal organizational bodies made up of Deputies, constituted by the Plenary session, whose purpose is to study, analyze and prepare opinions, communications, reports, decisions, resolutions and agreements that contribute to better and more expeditious performance of the functions related to legislative, political, and administrative work, as well as to oversight, investigation and compliance with Congress’ constitutional and legal powers, the foregoing within the legislative procedure established in this law and the regulations (p. 55).

The Gender Equality Commission is constituted as follows:

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1. Presidency: The presidency is held by Deputy Paula Adriana Soto Maldonado of the National Regeneration Movement (MORENA) 2. Vice-presidency: The vice-presidency is held by Deputy Maria Guadalupe Aguilar Solache of the National Regeneration Movement (MORENA) 3. Secretary: Headed by Deputy Gabriela Quiroga Anguiano of the Party of the Democratic Revolution (PRD) 4. Member 1: Represented by América Alejandra Rangel Lorenzana of the National Action Party (PAN) 5. Member 2: Represented by Leonor Gómez Otegui deputy, a deputy with no party 6. Member 3: Represented by Alessandra Rojo De La Vega Piccolo of the Ecologist Green Party (PVEM) 7. Member 4: Represented by Marco Antonio Temístocles Villanueva Ramos of the National Regeneration Movement (MORENA) 8. Member 5: Gabriela Osorio Hernández of the National Regeneration Movement (MORENA) 9. Member 6: Miguel Ángel Macedo Escartín of the National Regeneration Movement (MORENA) The Gender Equality Commission’s Performance As part of efforts to promote gender equality between women and men in Mexico City, as well as the eradication of violence against women, youth and girls, from August 1, 2019 to July 2020, a total of 9565 public servants were trained (5133 women and 4442 men), of which 5684 had in-person sessions (2915 women and 2769 men) and 3881 public servants received training online (2218 women and 1663 men). As one of the main challenges that representatives and staff working in Congress face, the Gender Equality Commission designed a series of courses and workshops on the subject. Given the imminent growth of feminist movements, the legislative branch must be constantly trained in gender equality, feminism, new masculinities and political violence. The Commission justified the importance of this initiative based on accusations and complaints received about some deputies and advisers’ clear lack of knowledge and ignorance. These comments reflect that a macho culture prevails in the Mexico City Congress.

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Below is a selection of initiatives that aim to guarantee the incorporation of the gender perspective in the legislative work of the Mexico City Congress. 1) Mobility with a gender perspective: In order to guarantee women’s full exercise of their right to mobility in applicable and varied circumstances, this initiative links the implementation of the gender perspective to the city’s mobility plans. 2) Sanctions for sexual orientation and gender identity conversion therapy. This decision advances the recognition that children should be able to self-identify. 3) Gender perspective and respect for ethnic multiculturalism in primary and secondary schools: Primary and secondary study plans, and programs must have a gender perspective and include respect for multiethnic multiculturalism. This initiative, which supplements article 46 of the Federal District’s Education Law, was considered by the Board of Directors and then turned over to the United Commissions on Education and Gender Equality for analysis and the decision process. “It involves the city’s primary and secondary education plan, inserting elements into the law that contribute to raising students’ academic level and, at the same time, highlighting the need to develop values such as respect, tolerance, equity and equality.” 4) Actions against gender-based violence in schools: The Federal and Capital Education Secretariats must implement monthly workshops to eradicate gender-based violence and promote equity, as well as offer sexual education in elementary schools. 5) Composition of the citizen participation committee with a gender perspective: The Citizen Participation Committee (CPC) must be composed with a gender perspective, as happened in the Selection Commission itself, since, in order to truly fight against corruption, both men and women’s effective participation is necessary. 6) Access to water with a gender perspective: With this initiative, the Congress seeks to fill a void that exists in the law and oblige the authoritative body on water matters to manage this vital liquid using equality criteria and incorporating the gender perspective.

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The Mexico City Congress drove an initiative that promotes the participation of a group of women who design legal initiatives that defend women’s rights and the gender perspective in the handling of social, political, economic and cultural issues. Next, the composition, operation and results of Mexico City’s Women’s Parliament will be described.

Mexico City’s Women’s Parliament On January 31, 2020, Mexico City’s Women’s Parliament was appointed, with 66 women parliamentarians who are residents of the capital and who, for seven months, participate in a process of discussion and presentation on concrete gender proposals. Mexico City’s Women’s Parliament is a citizen-led initiative promoted by Paula Soto Maldonado, president of the Gender Equality Commission of the Mexico City Congress. This parliament aims to replicate the work carried out by local parliaments, that is, to offer legislative proposals, to debate different positions and dialogue on the political agenda, to form parliamentary groups, to consult topics of interest and to install governing bodies and award commissions. The Women’s Parliament is made up of a Board of Directors, a Political Coordination Board and coordinators of different parliamentary groups. There are four of the latter, namely Hermila Galindo represents 35 parliamentarians, Rosa Luxemburg has 12 members, Eva Perón has 10 female parliamentarians and Emmeline Pankhurst has 9 female parliamentarians. 23 legislative commissions were also formed. The Women’s Parliament is defined as a citizen-led, participatory initiative since it represents a space for dialogue and democratic discussion in Mexico City. Its main objectives include the construction of a citizen agenda on gender, in addition to designing and implementing strategies to solve the problems that afflict Mexico City. This participatory, citizen-led effort has the potential to launch a new generation of feminists into the public sphere. Although it is true that women parliamentarians have experience defending and protecting women’s rights, the Women’s Parliament is capable of strengthening the capacities and skills of future politicians and activists positioned to defend women’s rights in Mexico City. In 2020, Mexico City’s Women’s Parliament integrated scientists, lawyers, engineers, activists and students, including women of all ages, indigenous women and women of different abilities. All symbols of

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women with personal and collective interests are in charge of promoting an attentive agenda that promotes respect for women and their participation in the continent’s most populous city. The parliament’s first ordinary session was held in the legislative precinct of Donceles. There, initiatives to reform various local regulations were presented, including the General Law on Women’s Access to a Life Free of Violence, the Criminal Code, the Law on Administrative Responsibilities, the Law on Civil Liability for the Protection of Private Life, Honor and Self-Image, as well as the Federal Political Constitution. The Table 10.1 lists some of the most relevant initiatives that parliamentary groups presented with the aim of strengthening and improving protective orders for female victims of violence, including establishing sexual harassment as a serious administrative offense, the application of a protocol to carry out judgments with a gender perspective, and refraining from objectifying (treating as an object) victims of femicide. Table 10.1 Most relevant initiatives from the 2020 Women’s Parliament Parliamentary group

Initiative

Hermila Galindo

She presented an initiative to reform Mexico City’s Law on Women’s Access to a Life Free of Violence in terms of protective orders.

Hermila Galindo

Emmeline Pankhurst

Source Author’s elaboration

Current state

This initiative project was turned over for analysis and discussion to the Commissions on Human Rights and Special Attention to Victims, with input from the Administration and Public Prosecution commissions. She presented an initiative to The initiative was turned over modify the Law on to the Commission on Administrative Responsibilities Administration and and the Penal Code in matters Procurement for its analysis of sexual harassment. and decision process. This initiative was turned over She proposed reforming the to the Commissions on Law on Civil Liability for the Human Rights, Protection of Private Life, Honor and Self-Image and the Administration and Public Prosecution for their analysis, Law on Women’s Access to a and to the Commission for Life Free of Violence, in an effort to stop the objectification Special Attention to Victims for their opinion. of victims of femicide.

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In short, the discussion carried out in the Women’s Parliament expresses how urgent it is to design and implement public policies that promote women’s participation in politics and that foment cultural change in society.

Conclusion Implementation of the gender perspective in the legislative branch recognizes women and men’s rights and needs, increasing and augmenting representation in the Mexico City Congress. Actions from CELIG and the Gender Equality Commission contribute to strengthening institutional quality by promoting dialogue and accountability to civil society. Despite the existence of an institutional structure that principally aims to secure rights and to generate institutional spaces that promote equality between men and women, these aims have not been totally accomplished due to resistance on the part of certain traditional sectors that seek to obstruct the path toward substantive equality between men and women and the construction of a society in which women have the same value as people and fully enjoy their rights in an objective, impartial and appropriate manner. The Mexico City Congress has generated a series of tools that facilitate the inclusion of the gender perspective in the legislature, expanding spaces for reflection to identify the scope that initiatives will have in the lives of Mexico City’s women and men. This was on display at the Conference Session of the Board of Directors and the Political Coordination Board held on May 5, 2021. There, Deputy Christian Von Roehrich de la Isla presented a series of arguments against the Morena Deputy Martha Ávila in a discriminatory tone. This type of event shows that some rely on insults in the face of a difference of opinion, which is reprehensible in representational spaces. The principal challenge that Mexico City Congress’s First Legislature faces is found in creating processes that improve women’s social, economic and cultural condition. The inclusion of the gender perspective aims to lay the foundations for the construction of a new equilibrium in the distribution of opportunities and resources between men and women. This is because, still today, the process of preparing certain legal projects continues, perhaps unintentionally, discriminating against or excluding women.

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Tracking legislative actions more fully exposes deputies’ performance in the Mexico City Congress, highlighting the development of skills and capacities that strengthen their work, advocacy and presence in the legislative function. Making all this visible has also increased the demands placed on deputies. Given the measures taken in light of COVID-19, legislative performance on remote sessions via zoom has put legislative work in the eye of the hurricane. During this period, the media has dedicated space to monitoring and evaluating the local legislative bodies’ performance. While transmitting sessions from the Mexico City Congress, some deputies were called out for their impunctuality at the beginning of sessions, due to their failure to sign agreements. In addition, in the heat of some parliamentary discussions, the public witnessed forms of political violence towards a few female deputies in the local congress. This type of situation distracts from the importance of the issues discussed in the Congress’ plenary session. Throughout this review of virtual sessions held by the Mexico City Congress, it became clear that a large number of deputies lack the skills to build an objective political discussion and, as a last resort, rely on discriminatory and offensive language toward female deputies. Despite these negative actions, it is important to highlight the legislative monitoring work promoted by the Center for Legislative Studies and Gender Equality (CELIG), which sheds light on the general panorama associated with parliamentary work and observes the behavior that each parliamentary group displays during ordinary sessions. For this reason, it is very important to consolidate the relationship between CELIG and the Gender Equality Commission to complement and guide the development and use of instruments that help legislators continue to mainstream the gender perspective throughout the legislative work that takes place in the Mexico City Congress.

References Congreso de la Ciudad de México. (2018). Ley Orgánica del Congreso de la Ciudad de México, México: Gaceta Oficial de la Ciudad de México, 4 de mayo de 2018. Last updated July 8, 2019. Retrieved October 3, 2020. Consulted at: https://data.consejeria.cdmx.gob.mx/portal_old/uploads/gac etas/80dccba9c6bf15d6902271a58a9d8ce9.pdf

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Congreso de la Ciudad de México. Centro de Estudios Legislativos para la Igualdad de Género. (2020). Agendas Legislativas de los Grupos Parlamentarios en Materia de Derechos Humanos de las Mujeres e Igualdad de Género. Segundo Periodo Ordinario de Sesiones del Segundo Año de Ejercicio de la I Legislatura del Congreso de la Ciudad de México. Available at: https://genero.congresocdmx.gob.mx/wp-content/uploads/2020/ 06/CELIG-AgendasLegislativas-20200331.pdf Gobierno de la Ciudad de México. (2017). Constitución Política de la Ciudad de México. Gaceta Oficial de la Ciudad de México, February 5, 2017. Retrieved October 28, 2020. Guía para la Incorporación de la perspectiva de género en el trabajo legislativo del Congreso de la Ciudad de México. https://genero.congresocdmx.gob. mx/wp-content/uploads/2019/12/Gui%CC%81a-para-la-Incorporacio% CC%81n-de-la-perspectiva-de-ge%CC%81nero-en-el-trabajo-legislativo-delCongreso-de-la-Ciudad-de-Me%CC%81xico-2.pdf Luna Salazar Alicia Guadalupe: Tras años de trabajo, mujeres alcanzan paridad en el congreso https://www.pagina66.mx/tras-anos-de-trabajo-mujeres-alc anzan-paridad-en-el-congreso/

PART III

Contesting Women’s Substantive Representation in Mexico: Grass-Roots and Advocacy Communities Perspectives

CHAPTER 11

Participation and Representation of Women’s Demands During Indigenous Consultations: A Study of the National REDD + Strategy Consultation Processes in Puebla and Veracruz Carolina Muñoz-Canto

Introduction The sexual division of labor confined women to the domestic space, to being guardians of the home, limiting discussion of their needs to that sphere and to the very structures established by the patriarchy, severely diminishing their ability to express and discuss their demands. Since the French Revolution, women have tried to reflect their lived experience; they then fought alongside the sans-culottes and theorized about their conditions. In a winding movement over the centuries, they have

C. Muñoz-Canto (B) Colegio de Tlaxcala, A.C., Apetatitlán, Mexico e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_11

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managed to make visible their condition of subordination. They have ventured into public space and decision-making positions, but can the women who have made it represent the demands of others? Some think not, because diverse groups of women face dissimilar conditions. Apparently, one of the least privileged groups corresponds to women who belong to indigenous communities; they seem to be at the end of a chain; and are subordinate to the subordinates, but is this really the case or is the hierarchical process itself delimited by other factors? And in any case, how does this affect their ability to position their demands in public space? This work attempts to answer these questions. This chapter is guided by an attempt to understand the ways in which indigenous women from Puebla and Veracruz access participation and make their demands manifest; for this, it relies on consultation processes based on analysis of what happened in the National REDD + Strategy consultation process (2015–2016) carried out by the civil society organization Cañuela, S.C. and CONAFOR. In this process, gender identity is clearly mediated by other categories that affect intervention in public space. In other words, being a woman conflicts with belonging to an indigenous community and with the position occupied within it, allowing for or limiting the possibilities of participation in public spaces. In order to carry out this task, this chapter is organized into four sections. The first one delves into theoretical-conceptual considerations that allow for analysis linked to the categories of interest from a relational perspective. In the second, the methodology is addressed. The results are then discussed, emphasizing how the relational game mediates participation and the advancement possibilities of certain demands registered by women. It concludes with a series of final reflections.

Theoretical-Conceptual Considerations Political Participation and Representation of Demands Political participation refers to behaviors that seek to influence government decisions (Milbrath, 1965 in Delfino & Zubieta, 2010). It has been studied as a priority starting from the exercise of voting; however, for decades, authors such as Delfino and Zubieta (2010) or Rosanvallon (2007) have tried to show that it goes far beyond this expression and manifests itself in different ways in shared spaces. According to Reveles (2017), direct political participation, as in the case of consultations with

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indigenous peoples, which concerns us here, strengthens democracy, allowing for first-hand knowledge of the populations’ demands and needs. Direct participation allows citizens to be actively involved in topics of their interest and to explain them. Thanks to this, political actors can eventually bring them together and represent them in decision-making spaces. In this sense, let us recall that democracy relies on the representation mechanisms that found the regime (Aron, 1972), and that they give a voice to those they represent in the spaces where decisions are made, or at least this should ideally be the case. Women were belatedly integrated as citizens in contemporary democracies, which reflects nothing but their subordination as a result of the sexual division of labor that confined them to private spaces. Before the right to vote was granted, their possibilities concerning representation were curtailed. Although they exercised other forms of political participation, their demands were less likely to resonate in discussion spaces and there were no representatives to give them a voice. Neither their practical needs nor their strategic interests were considered (Espinosa, 2018), both of which are central dimensions for a gender perspective. With the arrival of the first women to decision-making spaces, a series of demands started to be progressively integrated, which, however, do not always represent the plural collective that constitutes women. Little by little, space has certainly been gained, where it is clear that a variety of needs and interests respond to gender, as well as to other attributions that mediate daily lived experience, making it necessary to seek mechanisms that integrate minorities. Intersectionality: A Bridge Category Intersectionality is a theoretical-methodological approach first coined by Crenshaw in 1989, when he tried to show the diverse dimensions impacting the conditions that Afro-descendant workers faced at an automotive company in the United States (Viveros, 2016). Thanks to it, it is possible to analyze how people’s ascriptions intersect and generate particular relationships of oppression and privilege. It develops in a dynamic between the macro and the micro social levels that is based on two approaches, analytical and phenomenological, to domination. The first explores how class, gender and ethnic grouping mediate people’s position in social space; the second analyzes the experience of domination

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itself (Dorlin, 2009) without considering a priori that none of the aforementioned categories are imposed on the others, with the understanding that historical configurations mediate them and give them meaning. This perspective comes into play in the present study not only because it allows for an approach to women’s experience of inequality, but also because it is a way of reading the differentiated conditions that qualify their options when it comes to presenting and defending their demands in shared spaces, including within indigenous communities. The Indigenous Peoples of Mexico This chapter offers an approach to indigenous peoples that begins from “other epistemologies” since, from there, they are not a priori romanticized or disqualified, but rather approached comprehensively. For this, we take into account how certain elements that were of particular interest for this consultative process are interwoven in daily life, including the relationship between nature and dimensions related to social life, how knowledge is constructed and transmitted when it comes to appreciation for the elderly, a holistic view of processes, the collective over the individual as a way of understanding the organization, and syncretism and identities at stake when it comes to positioning in the social sphere (Alarcón-Chaires, 2019). In Mexico, as in other countries in the region, the relationship between indigenous peoples and the rest of the population has been mediated by subordination of the former and justified by practices, shared meanings and elements of a structural nature that qualify interactions. To understand this situation, it is important to remember that, after the Revolution, the Mexican state tried to “make them Mexicans” (Guerra, 2005, p. 316). This meant integrating them into a unitary construction of national identity such that they were incorporated into development initiatives through acculturation. A department for indigenous affairs was created in 1923 and, in 1948, the National Institute of Indigenous Peoples (Instituto Nacional Indigenista) was created as an autonomous agency; the hope of integrating broad layers of the population into a Carendist national project did not leave them aside. At the beginning of the 1970s, the political system was exhausted by its attempts to represent layers of the population and changes began to take place within indigenous communities themselves; for example,

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Guerra (2005) mentions population growth, an increase in smallholdings and migration. In order to attend to them, in the following years, government structures were strengthened in an attempt to corporatize social movements, which, beginning in the 1970s, grew abundantly. A participatory integration discourse was created, while making a commitment to education, which ended up politicizing some sectors. In this regard, it is important to mention that there was an attempt to break with “inclusive indigenism”, especially using the indigenism of participation, but it failed. Beginning in 1982, neoliberal policies created projects that excluded indigenous communities, although discourse gave lip service to participatory perspectives. In the 1990s, marginalized groups were given attention from an economic and cultural perspective, but not a political one, although, starting in the early 1980s, they formed associations and, in the 1988 election, showed signs of tiring of being used as political plunder. A milestone came with the 1994 uprising of the Zapatista Army of National Liberation (Ejército Zapatista de Liberación Nacional ), which shed light on conditions in communities, put on the table identity differentiation between groups integrated in and marginalized by the system and showed that, for the government, points of discussion with these communities revolved around cultural and economic aspects, but ignored political ones (although there were attempts at neo-corporatism). One of this movement’s major achievements came with the signing of the San Andrés Accords on Indigenous Rights and Culture (Acuerdos sobre Derechos y Cultura Indígenas ) on February 16, 1996. It signified a commitment to building a new relationship between the state and these communities, supported by a recognition of the collective rights of peoples and delving into a reflection on political participation and representation (Zolla & Zolla, 2004). It includes documents of reference for understanding indigenous peoples that have served as the basis for subsequent related legislation. Starting in 2001, a reform to recognize indigenous rights began to be promoted, and it was soon accompanied by the integration of a vision for comprehensive sustainable development (Comisión Nacional para el Desarrollo de los Pueblos Indígenas, 2012), which connected with the ecological causes that they previously adopted. Protocols were also developed with the idea of ensuring their participation in matters related to their territory and resources through consultations activities. In this sense, it should be noted that, in 2005, the Advisory Council of the National

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Commission for the Development of Indigenous Peoples (Consejo Consultivo de la Comisión Nacional para el Desarrollo de los Pueblos Indígenas ) created a system that later served to establish the protocol for consultation processes. In 2011, when analyzing the conditions of these communities, it became clear, however, that changes had not resulted in specific improvements, hence a reform “to Article 1 regarding human rights” was carried out (Secretaría de Gobernación, 2019, p. 9). Based on it, criteria that favor autonomy and promote respect for their rights were established. However, as the Special Rapporteur on Indigenous Peoples, Dr. Rodolfo Stavenhagen, pointed out in 2003 (Secretaría de Gobernación, 2019), mechanisms that strengthen the defense of indigenous peoples’ rights still need to be strengthened at the legal level, as does a critical reading of advisory protocols. Instead, we need a new relationship between the state and these communities that is not mediated by the government’s pursuit of assimilation, assistance or paternalism, or the distrustful dependence that communities have advanced since the 1970s. It should be noted that a new group of reforms came to the fore in 2019; however, given their recentness, they are not detailed here. The protocol for Free, Prior and Informed Consultation Processes was built based on standards from the International Labor Organization’s Convention 169. They were also complemented for post-2016 consultation processes with content from the United Nations Declaration on the Rights of Indigenous Peoples, the American Declaration on the Rights of Indigenous Peoples and the Durban Declaration and Plan of Action. At the national level, it is based on the Political Constitution of the United Mexican States, the San Andrés Larráizar Accords, the Internal Regulations of the Secretariat of the Interior and the Law on the National Institute of Indigenous Peoples. The consultation process consists of five phases, including preliminary agreements, an informative phase, a deliberative phase, a consultation phase and the results phase. During the preliminary agreements phase, a presentation is given to community authorities explaining the reasons behind and implications of the consultation process and the protocol to initiate it. The corresponding permissions are requested to carry it out and general guidelines for work within the community are agreed upon. In the informative phase, the community is brought together to raise awareness on the importance of their participation in the process, and they are also given information on the particular topic on which the consultation process will take place. It is important that the information

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is truthful, explained by an actor who has no interest in the results of the process, as well as that the language used bolsters understanding and is culturally respectful. Next, the community is given time to deliberate on the situation under consideration; in this deliberative phase, actors do not intervene, and it is essential that the process be carried out in the most culturally appropriate way possible. During the consultation phase, the person(s) carrying out the consultation process goes to the community to listen to their points and how they were reached, takes notes and reports to the bodies responsible for the consultation. During the results process, the final reports are presented to the community, indicating how its perspective was integrated into the matter in question. Finally, it is important to note that there are a series of principles that govern the consultation process, including self-determination, participation, good faith, interculturality, communality and balanced participation between men and women. Approaching the Relational Perspective To complement this outline, let us look to the dramaturgical perspective found in Goffman’s view (1959 and 1974). There, social interactions are understood through the metaphor of theater. Representations are established starting from a series of phases: first, a definition of the situation from a comprehensive perspective, then choosing a setting; next, recruitment of actors and, finally, staging (Amparán & Gallegos, 2000). Representations include the following elements: the stage, backstage and audience. The performance is carried out on the first element. For the second, there is space for preparation and actions happen outside of the public’s view. The third element refers precisely to the public. Unlike the theater, interaction is not ordered, nor is it directed, but rather is loaded with socially constructed ritual and a symbolic dimension. The actors perform, but then become part of the audience; they go from the stage to offstage, with their attention focused on the social whole that makes up the interaction space where the staging takes place. When acting “they are not conditioned to a script, but rather are sheltered by general frameworks that give meaning. Thus, their agency is framed in a series of social conditions that impact the actor” (Muñoz, 2020, p. 53) because the public has concrete expectations around their roles and performances.

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Methodology The states of Puebla and Veracruz were chosen for analysis based on the convenience of having directly participated in the coordination process with the Anthropologist Myriam Jaqueline Contreras Riquelme. For these states, the consultation process was carried out in 22 communities: twelve in Puebla and ten in Veracruz. It should be noted that they were chosen according to protocol set out by the process’s methodology. To select them, we generated a database of indigenous and Afro-descendant communities with fewer than 2500 inhabitants and that were in ecologically protected areas; they were then chosen at random choice. It should be noted also that, of the communities selected in the state of Veracruz, two were revised due to the presence of violence and public safety problems; to replace them, in addition to meeting the requirements mentioned above, communities in the same municipality were chosen. Thus, Temaxcapala was replaced by Xonamanca in Zongolica and Tlachichilco by Tetzácuatl in Zontecomatlán. It is important to point out that, for this chapter, two Afro-descendant communities were excluded because their logic of participation and integration differs from that of indigenous communities. Methodologically, this study is supported by an ethnographic approach and by participants’ observations that were carried out as indicated in Table 11.1. Each community received a report composed of an ethnography, as well as a narrative of what happened during the various phases of the consultation process. Final reports were made by state.

Results While the consultation process took place between October 2015 and February 2016, the instruments implemented therein began to be designed in a participatory manner starting in 2010. It can be thought of in two blocs, namely one related to the general population and another involving indigenous communities. The former was launched with 55 face-to-face forums based on a participatory methodology, a space for dialogue with bodies and councils whose interests were related to the object of the consultation process, as well as through a platform that contained a 25-item questionnaire, which was in fact the basis of the exercise in the rest of the spaces. The second was carried out based on the composition of indigenous peoples in thematic forums,

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Table 11.1 Indigenous communities and process phases by state State

Community and Municipality

Phases in which observations were made

Puebla

Xonalpú, Huehuetla San Miguel Progreso, Huizilan Serdán San Juan Taitic, Zacapoaxtla Xaltipac, Zacapoaxtla Tuxtla, Zapotitlán Xochicuautla, Ahuatlán Pochícatl, Ahuatlán Emilio Carranza, Zautla Ozomatlán, Huauchinango Patoltecoya, Huachinango Santa María, Tlacuilotepec Ahuixintitla, Xicotepec Loma de Sogotegoyo, Hueyapan de Ocampo Santa Rosa de Amapan, Sayula de Alemán Huitzila, Soledad Atzompa Tonalixco, Tlilapan Xonamanca, Zongolica Otatitlán, Tlachichilco Colatlán, Ixhuatlán de Madero Tetzácuatl, Zontecomatlán

All Informative Informative Informative Informative Informative Informative Informative Informative Informative Informative All All

Veracruz

and and and and and and and and and and

consultation consultation consultation consultation consultation consultation consultation consultation consultation consultation

Informative and consultation Informative Informative All Informative Informative Informative

and consultation and consultation and consultation and consultation and a consultation

Source Author’s elaboration

a CONAFOR working table and the community consultation process; civil society organizations supported this part. This consultation process became a reference due to how representative the sample was; thus, 212 communities with 119 different languages from all states were included (SEMARNAT, 2015), and 46% of participants were indigenous. This process aimed to construct a strategy toward reducing emissions derived from deforestation and forest degradation, with a sustainable vision that relies on participation from broad sectors of society. It was developed based on the Mexican government’s commitment to the United Nations Framework Convention on Climate Change, with the idea of establishing a public policy planning instrument at the national level (Comisión Nacional Forestal, 2017). This involved the following analytical components: Public policies and legal framework, financing schemes, institutional arrangements and capacity development, reference

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levels, monitoring, reporting and verification, safeguards and communication, social participation and transparency. The main results can be summarized in the following. In the first place, the importance of disseminating and generating mechanisms for the application of related laws. Second, being explicit about how the strategy’s benefits will be distributed. Third, clarifying what the safeguards refer to and articulating a strategy to promote the assessment of sustainable development. Fourth, the following areas of opportunity were identified: monitoring protected areas, institutional coordination between sectors, as well as governmental levels, the establishment of continual dialogue to follow up on medium and long-term strategies, the establishment of transparency mechanisms for the use of resources that include participation from civil society through councils and observatories, and the development of capacities, resource management and continuity in public policies. Fifth, concern was expressed about energy reform, which was then underway. Finally, the process highlighted the importance of strengthening participation on the part of indigenous communities and of the women within them, generating empowerment connected to the dissemination and appropriation of rights, among which agrarian and property rights stood out. Likewise, it pointed to the importance of ensuring respect for traditional methods (that do not use agrochemicals) and for the land, which, in practice, means granting fewer permits and fostering a culturally appropriate approach to communities. This study engaged 20 indigenous communities from Puebla and Veracruz, including 17 municipalities (nine in Puebla and eight in Veracruz), whose populations ranged between 688 and 2081 inhabitants. Of these, on average, 87% call themselves indigenous. It should be noted that, in eight communities, 100% of the population say they are indigenous. Eight linguistic variants were found, of which Nahuatl predominated; variants thereof included northern Sierra Negra, northeast of Puebla, west of Puebla and central Veracruz. This was followed by south-central Totonac, from the Xinolatepetl hill; then came Tepehua from the north and west, and finally eastern Mexican from Puebla, Otomí from the Sierra, Popoluca from the Sierra and Sayulteco and Mazatec from Puebla (Cañuela, 2015). In order to analyze women’s participation, it should be noted that, overall, 73% of participants therein were men, while 26% were women. In indigenous communities, the percentage of female participation was slightly higher at 30% (Comisión Nacional Forestal, 2017); this is due

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to the fact that one of the consultation process’s guidelines includes promoting the participation of women in communities and equally giving them the floor in forums. Within the communities visited, the average participation rate was even a bit higher, with 34.95% of women participating in the exercise. Nine communities came in above this average (Puebla: San Miguel Progreso, Huizila Serdán; Xaltipac, Zacapoaxtla; Emilio Carranza, Zautla and Tuxtla, Ahuatlán. Veracruz: Santa Rosa de Amapan, Sayula de Alemán; Huitizila, Soledad Atzompa; Xonamanca, Zongolica and Otatitlán, Tlachichilco). This is because, in Puebla, activists on gender issues supported the initiative and, in Veracruz, in order to involve women, consultation processes were articulated around programs aimed at women. Participation in the five phases of the process took place according to the objectives established for each one of them. In previous agreement processes, women did not participate as community authorities because, in accordance with practices and customs in the area, women had not achieved access to community posts (with the exception of participation in school committees). Thus, the formalization of positions took place between liaisons (all young women) and the municipal authorities, all men. During the deliberative phase, we were unable to obtain data on or observations of women’s participation in discussions since, according to the established protocol, the community must establish its own processes without the watchful eye of external coordinators. For the informative, consultation and results phases, women’s attendance was verified on attendance lists that were part of the required evidence, as was their participation based on observations that were carried out. In the three abovementioned phases, women’s participation was mediated by gender. This could be observed in low participation rates if they were not personally invited by other women in the community, as happened in San Juan Tahitic, Zacapoaxtla, Puebla where the school committee mediated the integration of more women in the first assembly, which de facto took place in their facilities. Similarly, in Huitzila, Soledad Atzompa, Veracruz, the men had gone out to work in the fields during the informative phase and some women went to look for them to ask for permission to participate. In Tlilapan, Tonalixco, Veracruz, men remained on the edges of the assembly to analyze the issues addressed before joining and proceeding to speak, so that later women could do so. These participatory modes were developed without speaking about them,

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without an explicit agreement in the shared space, but everyone seemed to understand them as if they were previously agreed upon. Beyond all of this, it should be noted that, in general, men asked to speak first. This was mediated by how the assemblies ran things. On some occasions, the assemblies were facilitated by CONAFOR officials (external to the communities, although often in close contact with them); on others, they were facilitated by supporting community liaisons (all young women from the region), while at times they were facilitated by the coordinators (two mestizo women). Thus, the condition of being indigenous was later qualified by gender identity. During the assemblies, regardless of who led them, women’s participation was emphasized, and they were asked and directly invited to participate. Participation occurred at different times; men appropriated the microphone more comfortably and their interventions tended to be more extensive than those of their peers. Classic analyses in gender studies present this phenomenon (Cestera, 2008) as a marker of status in public space, which, however, must be qualified here by indigenous peoples’ particular conditions, particularly the fact that representation does not take place in an individual, formal way since the unit of operation is the family. Thus, in the consultation phase, for example, a single member of each family unit was meant to participate, but sometimes more than one member attended the assembly since positions had previously been agreed upon. However, it should be noted that a majority of men exercised this role, thus perpetuating the hierarchy established by the patriarchy. In recent decades, indigenous communities have undergone change mediated by the fact that many men have migrated to urban spaces or to the United States, and by the implementation of government interventions to empower women, the dissemination and assumption of women’s rights and the promotion of productive projects that allow them to generate an income. In some communities, the repercussions thereof have had such a profound impact that the system of positions according to use and custom has changed, with the idea of integrating women into these spaces that were once reserved for men. In the communities involved in this project, changes were not that extensive, but some empowerment processes were identified, accompanied by women’s incursion into economic activities that have re-signified their role. In Emilio Carranza, Zautla, Puebla, Ahuixintla, Xicotepec, Puebla and Xonamanca, Zongolica, Veracruz, female participation in the assemblies was more extensive. In the first community, clandestine logging appealed to

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women’s interest since they had been left in charge of family activities and needed better protection. The second focused on the development of productive projects that aim at women’s economic empowerment, especially as related to the forest, making the strategy of interest to them. In the third, signs of empowerment were reflected in the work undertaken at the area’s House of Indigenous Women (Casa de la Mujer Indígena), endowing them with symbolic resources. There, women themselves took the floor, explained their problems, demands and needs to establish a dialogue in which they took the lead in making their causes visible. In some communities, everything took place as if traditional structures in which men dominate public space prevailed; in a minority of them, women who were empowered and had access to material and symbolic resources occupied the forum to expound on their own positions. To understand all of this, the concept of intersectionality, taken from the phenomenological perspective, can be useful. Within the communities that participated in the consultation process, there was a hierarchy mediated in the first place by self-ascription to an indigenous community. This (malleable) identity mediated the possibility of participating when the person leading the assembly did not advance it, which was evidenced in demonstrations of subordination when some asked to take the floor or addressed facilitators. Indigenous participants engaged in an interrelational framework that projected closeness but in reality were distant, as well as displayed an assistance-based relationship that had previously been established with the mestizo institutions involved. Second, it mediated social status within the community since being a common land shareholder and having productive projects and economic or symbolic resources influenced who spoke up. This may help explain why, in some communities, women with economic and symbolic resources did speak up “in spite” of their gender. Third, gender mediated participation. With an equal ethnic and economic status established, the difference between men and women became clear, with a hierarchy in which the former take precedence over the latter, even when assemblies tried to mediate participation. By bringing the theatrical metaphor to this analysis, we can see that the situation was defined by a relationship of distance and use, that has mediated interactions between indigenous communities and mestizo institutions. Although a civil society organization carried out the process, distrust, questioning the benefits of participation and a search for immediate resolution to problems were apparent in all communities.

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Interaction was marked by passivity, which, in reality, is a symptom of the paternalistic relationship established decades ago. In addition, the following elements from “other epistemologies” should be highlighted as possible mediators: a close link between the social and the natural spheres, the logic of collective organization that prevails over the individual and the identification game of self-defining or not as an indigenous person. Regarding the first, we should consider that communities discursively intertwined access to and care for reserves with developed social life since they depend on it. Regarding the second, it is worth mentioning the familial forms of representation alluded to above. The third includes a clear definition as indigenous to benefit from possible government funding. Choosing the setting was conditioned by the consultation process itself and the communities’ resources; the main spaces where interactions took place included church halls, outdoor auditoriums and schools. Actors were selected based on elements related to social hierarchy— belonging to the indigenous community, one’s status within the community, and gender mediated the possibility of active participation. In this regard, it is important to point out that actors played their roles based on a collective logic, how they interpreted the scene, and observance by the rest of the community, which ensured that structures were maintained. Thus, men were invariably involved in arranging spaces and women stuck to care tasks and provided food. At the end of the events, men arranged possible follow-ups to the strategy’s actions and, as mentioned above, how long each person spoke was conditioned by intersectionality criteria within the community, which the facilitators had to adjust. Finally, staging, which was laden with ritual elements, was conceived of in the logic of the communities’ assemblies, silences and debates that defined the general position in a community spirit and was generally performed by a man with certain status within the community. The groups’ positions were expressed through these means. In Emilio Carranza, Zautla, Puebla; Ahuixintla, Xicotepec, Puebla and Xonamanca, Zongolica, Veracruz, women’s positions were centrally present, although the same cannot be said of the other localities. They included protection of the forests at night (found in Emilio Carranza), the need for more resources to continue with the development of productive projects (advanced in Ahuixintla), the delimitation of permits and the need to respect communities (advanced in Xonamanca). The debate recorded in these spaces became part of Cañuela, S.C.’s reports, which were

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later discussed with CONAFOR, thus bringing women’s demands to an unprecedented space in this type of exercise.

Final Thoughts Indigenous consultation processes in Mexico are meant to be guided by the equitable participation of men and women in discussion assemblies. This stipulation aims to directly integrate women’s voices, demands and needs, and it certainly influenced what happened during the indigenous consultation processes taken up by ENAREDD + in communities in Puebla and Veracruz. Although most indigenous communities maintain structures that privilege men’s presence in public spaces, and therefore accept their voices more readily, thus doubly relegating women—once for being indigenous and then another time for being female—others present differentiated internal hierarchical processes as a result of recent modifications to social structures. In order to understand this, the concept of intersectionality was taken up and the following hierarchy was identified: Identification as part of an indigenous community, followed by access to certain material and symbolic resources and finally gender. This hierarchy mediates the possibilities surrounding having one’s demands heard and considered. In some communities where women are able to access certain resources that allow them to advance their positions in discussions, their ideas were taken up by those who closed out the consultation phase, integrating them in the discussions that Cañuela S.C. reported. The same did not happen in communities where women lacked the aforementioned relational position; their integration was not only difficult, but also the assembly was less likely to listen to their needs and demands. The hierarchical position in which women find themselves within communities mediates whether they can influence the processes that take place within them, regardless of whether the family defines the functional unit in indigenous communities. Future research would benefit from exploring the happenings in spaces where women have managed greater representation and analyzing how discussions are developed within the basic unit, as well as understanding the role that each actor involved plays. At this point, it is clear that the changes that have taken place in the social structure and the roles that men and women play influence women’s ability to participate and discuss their interests and needs in a public forum.

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References Alarcón-Chaires, Pablo. (2019). Epistemologías otras. Conocimientos y saberes locales en el pensamiento complejo. Tsíntani, ACC//IESS, UNAM. Amparán, Aquiles and Gallegos, Alejandro. (2000). El enfoque dramatúrgico en Erving Goffman. Revista Polis, 2, 239–255. Retreived November 18th, 2021 from https://polismexico.izt.uam.mx/index.php/rp/article/view/534. Aron, R. (1972). Les societés modernes. Gallimard. Cañuela. (20 de enero de 2015). Documento de trabajo. Cestera, Ana María. (2008). Cooperación en la conversación: estrategias estructurales características de. Lingüistica en la Red, 1–17. Retrieved November 18th, 2021 from https://ebuah.uah.es/xmlui/bitstream/handle/10017/ 24466/Cooperacion_Cestero_LR_2007_05.pdf?sequence=1&isAllowed=y. Comisión Nacional Forestal. (2017). Informe Final de Resultados del Proceso de Consulta de la Estrategia Nacional REDD+. Jalisco: CONAFOR. Comisión Nacional para el Desarrollo de los Pueblos Indígenas. (2012). INICDI 1948–2012. CDI. Delfino, Gisela and Zubieta, Elena. (2010). Participación política: Concepto y modalidades. Anuario de investigaciones, 211–222. Dorlin, E. (2009). Introduction: Vers une épistémologie des résistances. In E. Dorlin (Ed.), Sexe, race, clase, pour une épistémologie de la domination (pp. 5– 20). PUF. Espinosa, Julia. (2018). Guía de género para políticas públicas más transformadoras. Orientaciones para el análisis y la incidencia política. OXFAM. Goffman, E. (1959). The presentation of self in everyday life. Anchor. Goffman, E. (1974). Frame analysis: An essay on the organization of experience. Harper and Row. Guerra, Enrique. (2005). Los pueblos indígenas: entre la comunidad corporativa y el pluralismo 1968–2001. In I. Bizberg, & L. y Meyer (Eds.), Una historia contemporánea de Mexico (pp. 305–359). Océano. Muñoz, Carolina. (2020). La perspectiva de la interfaz en el análisis de las alianzas electorales. Una propuesta metodológica. In D. Torres (Ed.), El estudio de las alianzas electorales en Mexico. Vetas de investigación y contribuciones teórico-metodológicas. (pp. 42–67). Montiel y Soriano Editores. Pateman, C. (2019). El contrato sexual. Ménades Trinchera. Reveles, Francisco. (2017). Problemas de la representación política y de la participación directa en la democracia. Estudios POlíticos, 11–35. Retrieved from https://www.sciencedirect.com/science/article/pii/S018516161730029X Rosanvallon, Pierre. (2007). La contrademocracia. La política en la era de la desconfianza. Manantial. Secretaría de Gobernación. (2019, June 3). Protocolo de la Consulta Libre, Previa e Informada para el Proceso de Reforma Constitucional y Legal sobre derechos de los Pueblos Indígenas y Afromexicano.

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SEMARNAT. (2015). Marco de la Consulta ENAREDD+. Mexico: Documentos de trabajo. Viveros, Mara. (2016). La interseccionalidad: una aproximación situada a la dominación. Debate feminista, 1–17. Zolla, Carlos and Zolla, Emiliano. (2004). Los pueblos indígenas de Mexico, 100 preguntas. UNAM.

CHAPTER 12

Regulatory Limitations for Guaranteeing Women an Education Free of Violence: The Case of the Action and Intervention Protocol Against Gender-Based Violence at the Autonomous University of Querétaro Ana Karen Rodríguez Ballesteros

Introduction The fight against and eradication of gender-based violence is among the great battles of the twenty-first century; although some progress has been made, its consequences are still present in the lives of most, if not all, women. Types of violence (deliberately in the plural, and ranging from psychological, physical, economic, patrimonial, digital or sexual violence and up to femicide) are present in different areas of daily life, from the home to the street, work and school, just to name a few.

A. K. Rodríguez Ballesteros (B) Technological University of Mexico, Queretaro, Queretaro, Mexico e-mail: [email protected]

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_12

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First, let us define gender-based violence as harmful acts (and I would add omissions) against a person or group of people based on their gender that arises from gender inequality, abuse of power and harmful norms (United Nations, Women [UN, Women], n.d.). This violence can cause “…death or physical, sexual or psychological harm or suffering to women, whether in the public or the private sphere,” according to the Organization of American States (OAS) in its 1994 Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará) (art. 1, p. 1). One possible way of eliminating all forms of violence corresponds precisely to legal frameworks that allow for their recognition and sanction, as is the case of the Convention of Belém Do Pará, which Mexico signed in 1995 and ratified in 1998 (Secretariat of Foreign Affairs, 2008). Therein, signatory states are held responsible as active entities in the prevention, punishment and eradication of violence against women. In addition, Mexico’s General Law on Women’s Access to a Life Free of Violence (LGAMVLV, for its initials in Spanish), published in the Official Gazette of the Federation (DOF) on February 1, 2007, aims to “…prevent, punish and eradicate violence against women, as well as [promote] principles and approaches that guarantee women’s access to a life free of violence and that favor their development and well-being in accordance with the principles of equality and non-discrimination …” (p. 1). The latter law seeks to generally cover different aspects and diverse forms of violence to guarantee women a free, dignified life with equality and free from discrimination. Education is among the areas that it regulates and directly corresponds to the Secretariat of Public Education’s mandate (in its Fifth Section, Article 45), which, among its obligations, must develop and apply programs for the early detection of problems related to violence against women in educational centers. This is so in order to immediately respond to female students who suffer some form of violence, as well as to “guarantee actions and mechanisms that favor the advancement of women at all stages of the educational process” (article 45, section III, p. 24). But is this law enough to guarantee women’s access to an education free of violence in particular? Several higher education institutions have responded that it is not and have created their own respective protocols for action against and prevention of gender-based violence, filling the gaps

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from this and other legislation to prevent, punish and eradicate it from the educational space. According to the 2016 Mexican National Survey on Household Relationship Dynamics (ENDIREH, for its initials in Spanish), 25.3% of surveyed women 15 or older reported having experienced violence in the school environment. Of these incidences, physical aggression was the most frequent at 16.7%, followed by sexual aggression at 10.9%; in fact, of women who attended school in the last 12 months, 10.7% reported having been sexually assaulted (National Institute of Statistics and Geography, [INEGI, for its initials in Spanish], 2017). In terms of respondents’ school level, these acts of violence are grouped as follows: secondary school students reported 9.9% emotional attacks, 18.8% physical and 10.4% sexual; upper secondary education students reported 11.5% emotional violence, 16.0% physical and 14.0% sexual. Higher education students reported 14.7% emotional aggression, 14.1% physical and 16.6% sexual (ENDIREH, 2016). According to the same ENDIREH data (2016), aggressors are mainly peers, constituting 38.5% of emotional aggressions, 35.4% physical and 46.2% sexual, followed by teachers, who perpetrate 19.4% of emotional violence, 8.6% physical and 16.5% sexual; strangers also represent 16.3% of emotional aggressors and 18.7% sexual. It is also important to emphasize that, although the number of female-on-female attacks is lower for the various types of violence, physical aggression is the exception; 42.1% of this type of violence was carried out by female peers. In order to measure the incidence of violence in the educational space more completely, it is also important to point out that, of the women who experienced some type of physical or sexual violence in the school environment, 91.3% did not request institutional support, file a complaint or report to any authority. Of these, 49.3% did not do so because they considered the incident unimportant and that it did not affect them, 11% because they feared the consequences or threats, 10.3% said because violence is customary, 9.8% because of shame, another 9.8% did not know how or where to report and 9.7% thought they were not going to be believed or told that it was their fault (ENDIREH, 2016). With this context in mind, it would seem logical for educational institutions themselves to build up their own anti-violence mechanisms; yet, according to Helena Varela Guinot (2020), who analyzed 35 universities in the Mexican Republic (both public and private), among higher education institutions, 49% lack a protocol to address gender-based violence.

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Of those with a protocol, only 28% had a formal protocol, while 23% had partial instruments. Let us now turn to the specific case of the state of Querétaro. According to ENDIREH (2016), this state proportionally reports the most incidences of violence in the school environment; there, 32.5% of women surveyed report that they have experienced at least one incident of this type in their life, above Jalisco with 32.2% and Mexico City with 30.6% (ENDIREH, 2016). In addition, according to Varela Guinot (2020), in 2018, the Autonomous University of Querétaro (UAQ) was classified as an institution with a partial protocol because, although its protocol was announced in the media, the document itself cannot be accessed online or through any other medium (which represents a problem for dealing with this type of violence from the start).

Case Study: The Action and Intervention Protocol Against Gender-Based Violence at the Autonomous University of Querétaro As the preceding data indicate, the case of the state of Querétaro is significant for analysis; the particularities surrounding the creation and application of the Action and Intervention Protocol against Gender-based Violence at the UAQ also make it a relevant case study. To contextualize, let us recall the international circumstances of 2017 when The New York Times published a report on the sexual harassment that Harvey Weinstein, a film producer, had committed against actresses, models and producers. This report resulted in Weinstein’s dismissal from the Weinstein Company, as well as inspired subsequent complaints of sexual harassment from more than 40 actresses and models (such as Angelina Jolie, Salma Hayek, Cara de Levignge and Uma Thurman) (Yuriria Ávila, 2019). According to Yuriria Ávila’s reporting (2019), after these events, the actress Alyssa Milano suggested using the hashtag #Metoo on Twitter for anyone who had ever been sexually harassed or abused; it went viral and was shared in almost 14 million tweets. Meanwhile, similar complaints spiraled internationally and, a few months later, at the end of February 2018, this movement reached the UAQ, where the private Facebook group #YoTambiénUAQ (#MeTooUAQ) was created. There, female UAQ students, alumni,

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teachers and staff were able to publicly denounce and recount their experiences of sexual harassment and abuse at the hands of male students, teachers and staff from the same institution (Jorge Coronel, 2018). Twenty-four hours after the creation of the group, 200 reports of harassment had already been posted and, after five days, it had almost 700 members (Mariana Chávez, 2018). Some of the complaints were compiled by journalist Jorge Coronel (2018), for example: Trying to remember, I recall when, at #PrepaNorte, the teacher Enrique Becerra Arias invited a friend and me out to eat several times. He told us that we should choose the place we wanted, but that only we could go, no one else. He told us that he could have any woman he wanted, and took out a wad of bills from his shirt pocket to show off and impress us. That teacher no longer works there, which reassures me a bit knowing that no girl will have to deal with that man again. #YoTambiénUAQ. (para. 3) As a professor in the #School of Psychology, I gave a couple of classes at the San Juan del Río campus, where one worker frequently commented on my appearance. One day I was annoyed and asked him to stop doing that because it seemed quite offensive to me and I told him that, if not, I would complain about his work with human resources. He unexpectedly replied, “It’s your fault for being so hot; be careful.’’ I was quite surprised and angry; I don’t quite remember what I did next, what I recall is that his comments stopped and he didn’t show up at my every step. #YoTambiénUAQ. (para. 15)

Shortly thereafter, the group began to gain notoriety, reaching more than three thousand members in total and later inspiring a #YoTambiénUAQ collective group, which created a public page on Facebook (this study’s object of analysis). Among other efforts, the group made a short documentary entitled Quitándonos la mascara (Taking off the mask) (2018), which aimed to make the problem of harassment, sexual and otherwise, visible at UAQ, to inform about and raise awareness on the subject among the university community and the general public, as well as to inspire preventative and educational action and education throughout its various settings. With all this headway, the UAQ, which was already working on the creation of a protocol, decided to present it on August 9, 2018, establishing mechanisms for preventing, attending to, investigating, punishing and eradicating all types of gender-based violence and discrimination at

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the university. In addition to classifying types of violence and their presentation, the protocol established the Office of General Counsel and of Attention to Gender-based Violence (UAVIG for its initials in Spanish), designating a related liaison at each UAQ campus and site (UAQ, 2018). Almost three years after its creation, what has happened to this protocol? Has it attended to, investigated, punished and eradicated violence and gender discrimination at the UAQ? This chapter analyzes the limitations of UAQ’s Action and Intervention Protocol against Gender-based Violence through the gaze of two groups: (1) #YoTambiénUAQ , a group that promotes a culture of reporting at the university and that closely followed the protocol’s application after its publication. It also examines (2) the Mujeres de la NO FCPyS UAQ group (Women of the No School of Social and Political Sciences—they employ it in negative to deny their affiliation to the School as a form of protest), which was created a few months later; it works to guide and accompany victims who report violence and has monitored the protocol’s application since its enactment.

Methodology and Ethical Considerations Before establishing the methodology used to achieve the abovementioned objectives, we must recognize the relevance of the digital space when it comes to this type of social problem since it has become a place for public reporting that exposes diverse situations and that, on many occasions, has allowed for action to be taken, going from online to offline. Other similar examples include students at the Colegio de México, who reported cases of sexual harassment using the hashtag #AquíTambiénPasa (#ItAlsoHappensHere) or that of the #MeTooAcadémicosMexicanos (#MeTooMexicanAcademics) movement, which brought to light diverse types of violence experienced in classrooms (in Varela Guinot, 2020). Therefore, the use of digital ethnography is pertinent here. This method takes up principles from classical ethnography and adds new approaches proposed by researchers such as Christine Hine (2015), Edgar Gómez Cruz (2013), Rachael-Heath Fergurson (2017) and García et al. (2009). Digital ethnography is characterized by fieldwork that is not carried out in a specific physical space but rather is delimited by groups of people interconnected in a certain way, as Cristine Hine (2015) points out. She

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proposes referring to the field as a “network,” thus allowing for the establishment of connection points (regardless of whether there is a defined geographical area) and for movement between the online and offline realms (since both dimensions are part of and make up daily life). She also brings the notion of mobility and multisite fieldwork to the table, recognizing that the objects of study do not remain static since people, ideas and things are mobile (Hine, 2015). In this sense, and expanding the field where phenomena occur and are studied, García et al. (2009) point out that there are different ways of understanding and classifying the social phenomena that digital ethnography studies. This includes when a phenomenon exists solely online, when it exists first online and then goes offline, or when it has multiple modes and social worlds, etc. Returning to Hine’s point (2015) about a network of interconnected people, García et al. (2009) also point out that digital connections can be studied using different techniques, such as participant observation, referred to in digital ethnography as participant experimentation since it is impossible to (physically) observe other group members online, but one can still experience group membership. Observation can be anonymous and can happen without the observed subject realizing it (in an effort to prevent the subject from modifying their behavior upon knowing that they are being watched), but here ethical dilemmas surrounding privacy arise García et al. (2009). According to Rachel Heath Fergurson (2017), so-called lurking—observing without informing who (or what) is observed—is justified in the following cases: 1. When the forum is public and open to all, since there is no expectation of privacy when posting, 2. when the media have established their interest in these spaces and have openly participated in forums, in addition to regularly mentioning that the forum is public and could be under surveillance by police agencies (in the case of an investigation into illicit transactions), 3. the researcher is not interested in personal self-incrimination or details of this kind. Thus, in this study, publications from the #YoTambiénUAQ and Mujeres de la NO FCPyS UAQ groups on their respective public Facebook pages will be analyzed. These groups and their publications are related to the aforementioned protocol; they were created between August 2018 (when the protocol was published) and April 2021 (this study’s cut-off date, almost three years after the protocol’s implementation).

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Starting with digital ethnography, the aforementioned publications were first compiled through non-participant and anonymous observation (lurking), to later clarify the information with direct testimonies from members of the respective groups, using in-depth interviews. All user data on the public pages under analysis here is protected because, although their interactions are public, their names and personalities are not, and revealing them would be unethical. Emphasis will be placed on online activities, recognizing it as a network element that allows for connection, interaction and action that can impact the offline world, a relationship that group members may also recognize in their interviews. The following observation guide was used (certain publications are included to exemplify their use) (Table 12.1). In addition to this ethnographic observation guide, the questionnaire to which some members of the two groups responded can be found below. It was implemented in an effort to listen to up-to-date voices and understand how they assess the protocol’s application almost three years after its creation. – Almost three years after the creation of the Action and Intervention Protocol against Gender-based Violence at UAQ, do you believe that there has been progress such that women who are part of the university community receive an education/work in an environment free of violence? Why? – What has been your group’s experience regarding the application of this protocol? – What would you point to as the protocol’s main limitations? – What would you point to as the main problems associated with the protocol’s application? – What would you say are its main successes? – These instruments seek to understand, in a descriptive way, if the protocol meets its objectives toward creating safe educational spaces for women in the university community or, on the contrary, if it has limitations that prevent compliance with them.

Results In the case of the #YoTambiénUAQ group, I placed the words “protocol” and “UAVIG” (recall that this is one of the main organizations that the

Instructions

Observer Date of observed publications Observation date

Objective

(continued)

Identify publications from the groups #YoTambiénUAQ and Mujeres de la NO FCPyS UAQ, respectively, that refer to the UAQ Action and Intervention Protocol against Gender-based Violence, identifying their assessments of it and its implementation, to ultimately understand if the protocol meets its objectives of preventing, attending to, investigating, punishing and eradicating all types of violence and gender discrimination at the university Ana Karen Rodríguez Ballesteros August 2018–April 2021 Start: May 2021 Finish: June 2021 – Identify publications from each group on the UAQ Action and Intervention Protocol against Gender-based Violence – Identify the type of interaction (comment, status, video, photograph, etc.) – Point out evaluations of it and its execution – Classify whether the given interaction reflects the fulfillment of any of the objectives associated with the protocol (prevent, attend to, investigate, punish and/or eradicate all types of gender-based violence and discrimination at the university) or indicate if any limitation on its execution is present

Table 12.1 Digital ethnography observation guide for publications related to UAQ’s protocol on the #YoTambiénUAQ and Mujeres de la NO FCPyS UAQ groups’ public Facebook pages

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Publication number 1

Characteristics and evaluation Group: #YoTambiénUAQ Word search: Protocol Interaction: The group shares a status inviting readers to report directly to the UAVIG if they experience any type of violence User comments that when she went to report, they only called attention to her aggressor and gave him the witnesses’ information The group calls for pressure on this type of action, negatively evaluating the institution and the personnel that apply the protocol Assessment of the protocol: A female user points out negative execution of the protocol, in which even the principle of confidentiality was violated The group calls the institution imperfect and the protocol useless if it is not applied by trained personnel Classification of assessment: Negative on the application of the protocol The protocol meets its objective or shows signs of limitations: The protocol does not meet any of its objectives; it shows signs of limitations by violating the principle of confidentiality, causing the victim to distrust the institution and her search for justice

Table 12.1 (continued) Publication Publication date: January 11, 2021 Publication link: https://www.facebook.com/Yotambienuaq/posts/346 6283396930403 Publication:

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Group: Mujeres de la NO FCPyS UAQ Word search: Protocol Interaction: The group shares a status update and image in which they state not knowing about the protocol’s update, which the rector mentioned in an interview on the Presencia Universitaria news program. They demand that this update be followed as agreed to Assessment of the protocol: Assessment of the protocol is absent. They issue a demand about a process update meant for the rector and the institution Classification of assessment: Negative toward the institution that applies it The protocol meets its objective or shows signs of limitations It can be pointed out that the institution is failing to comply with agreements to improve the protocol, exercising institutional violence against female students

Source Author’s elaboration

2

Publication date: March 2, 2020 Publication link: https://www.facebook.com/colectiva fcpys/posts/515733239348736 Publication: 12 REGULATORY LIMITATIONS FOR GUARANTEEING WOMEN …

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protocol establishes for dealing with gender-based violence complaints) in the search function on the group’s public page. This search was limited in time to August 2018–April 2021 and resulted in 23 related publications, 6 of which were from 2018, 5 from 2019, 10 from 2020 and 2 from 2021. Of these 23 publications, 7 focused on dissemination of the protocol, either through events that the group itself organized or through activities that organizations within the institution hosted. In fact, the group organized most of the dissemination events shared in this medium (such as screenings of their short documentary “Quitándonos la máscara” (taking off the mask), where they took the opportunity to talk about the protocol). In these cases, identifying whether the protocol meets its objectives or shows signs of limitations is not possible. For example, a publication from September 19, 2018, shares a video from the projection of their short documentary at the School of Law (an event organized by the Student Society), a space that was also used to review the protocol; both the students and group fulfilled the work of dissemination. There were only two publications linked to UAQ-sponsored dissemination; in this case, UAQ complied with keeping the university community informed about the existence of this legal framework, which ultimately seeks to eradicate gender-based violence in its educational space. Such is the case of a publication from October 1, 2018, which shares a status from the School of Psychology; said status announces the protocol’s official presentation. The group invites readers to attend and comment on it. On the other hand, 5 publications positively assessed the protocol’s content, its application and/or the institutional work carried out to combat gender-based violence. This was the case of a publication from August 29, 2019, which shared an infographic on “Gender UAQ,” one of the departments involved in dealing with this type of violence. This publication reports on the classification of types of violence established in the protocol, fulfilling its informative work so that the university community recognizes the different types of violence that exist in the educational space. Another example is found in a publication from May 11, 2021; there, the group shares an image from the School of Philosophy, which exhibits a summons filed with the UAVIG against a professor who was the object of a complaint. The group celebrates the summons with the phrase,

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“Acosadores fuera de la UAQ. Que ya no tengan dónde esconderse” (harassers out of UAQ; may they no longer have a place to hide) and an image of a raised fist, implicitly evaluating the protocol’s application in a positive way. On the contrary, another 7 publications were classified as containing a negative assessment of the protocol, the authorities that apply it and/or the personnel supposed to ensure compliance with it. Like the publication from September 7, 2018, which shares a status from the School of Psychology’s official account (which, according to the protocol, has a role in caring for victims), the group questions the School’s position on harassment, having taken half a year to make its position known even though it was one of the schools with the most complaints against it in the #YoTambiénUAQ private group, in addition to the fact that its male and female professors questioned the movement and the activists who participated in it, disqualifying them and defending reported aggressors. The group also questions why the protocol includes the School’s Psychoanalytic and Interdisciplinary Care Unit as a body meant to attend to victims, asking if they have trained personnel to care for victims given these antecedents. On February 3, 2020, another publication of this type aired a video from the Presencia Universitaria news program, in which the rector talks about false reports and the emotional impact on professors who are reported, implicitly defending potential aggressors. This reflects limitations on the part of the university’s highest level of authority, since, by implicitly taking the side of possible aggressors, it violates the principle of impartiality established in the protocol itself. Finally, #YoTambiénUAQ published four posts in which it disseminated the work of other groups (such as the Network of Women in Law and Mujeres de la NO FCPyS UAQ ) in relation to the protocol, recognizing the work they do on the subject. These posts do not comment on whether or not the protocol meets its objectives or has limitations since, although related to it, the content shared relates to work outside of the institution that applies it. It is important to point out the chronological progress of these interactions on a digital social network. In 2018, most posts are related to disseminating the protocol, and only one of them rated it negatively, possibly due to its recent creation and initial implementation with few reports at the time.

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In 2019 and 2020, publications were varied, with both positive and negative assessments, and related to dissemination, although it is important to point out that 2020 had the most interactions that also served to disseminate the work of other groups, pointing to the involvement or creation of these other groups on the subject, in recognition of this student organization and the activism needed to solve these social problems. In 2021, there were less publications based on the reduced period of time observed, but both negative and positive publications are present. To try to resolve this possible bias, two members of #YoTambiénUAQ were interviewed, sharing their current assessment of the protocol. Thus, Tanya Almada, the group’s founder, affirms that women in the university community have benefited from symbolic progress thanks to the protocol’s creation and the fact that areas like Gender UAQ have been highlighted, but it remains symbolic because it is subject to the interests of the institution. “There could be more progress,” she said. For her part, Luisa Zenteno, agrees that the protocol’s creation represents some progress, but adds that the creation of new groups that prevent and accompany cases of violence in the university space is also a form of progress. She also points out, “The main change is a consequence of making these forms of violence visible; they were already occurring, but they were not seen as such.” In their experience as a group and with the protocol’s application, Luisa shares that they met female students who, for the first time, shared their experiences or acknowledged having been victims of this violence. Tanya voices that, when connecting women who needed advice to other peers with legal knowledge, they realized that the protocol worked in a very institutional way and that trained personnel with a gender perspective are lacking in areas such as the UAVIG. Regarding the protocol’s limitations and the difficulties encountered in its application, they both agree that periodic review and update is needed, since it often does not cover specific cases of violence. It is also necessary to review it in conjunction with the university’s organic statutes to ensure that they are harmonious. Another important point to include in this review, as Tanya notes, corresponds to proposing strategies to be applied when aggressors are protected by the union. Luisa adds that failure to comply with established processing times discourages reporting. In addition, failure to disseminate

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it is a constant problem because, as she adds, “in my opinion, to this day it is still insufficient.” They also point to another element of non-compliance in the application of the protocol, namely the failure to include the gender perspective in study plans, which has not yet happened. Finally, both agree that creating this protocol was a success in itself, in addition to defining and describing these forms of violence and the modalities that they include, since it informs the community about the subject and gives them tools with which to identify situations of violence.

Mujeres de la NO FCPyS UAQ On the other hand, we have the work carried out and disseminated by the group Mujeres de la NO FCPyS UAQ , whose publications were found using the search words “protocol” and “UAVIG” on its public page, as well as the hashtag “#UAVIGNoResponde” (#UAVIGDoesNotRespond) (used in its campaign to denounce institutional violence). Although this study includes publications from August 2018 to April 2021, this group’s first publication on the protocol appeared in April 2019, given that its presence on social networks was established around that time. Twenty-one publications related to the protocol were found—2 from 2019, 17 from 2020 and 2 from 2021. Of these, 2 were related to dissemination of the protocol, 1 to its positive assessment, 10 to its negative assessment (whether to its content, application, the personnel or institutional authorities involved); 3 related to the work they do as a group and 5 to assessment, a category in which they directly indicated a failure in the protocol. There, they commented on its revision (at a time that overlapped with its modification, when a second version of the protocol was released) or demanded some change to it. Both publications aimed at disseminating the protocol were posted in April 2019, when the protocol was just over half a year old and the collective began to disseminate its work on Facebook. After that date, all their interactions had a more critical and evaluative approach. Among the posts that disseminate their work related to the protocol, a video shared on October 28, 2020, stands out. In it, they put into practice the updated protocol by delivering 100 reports derived from a line that they hosted on October 22 in conjunction with the Mujeres FMUAQ (Women FMUAQ) group, noting that, at the time of delivery, the UAVIG took responsibility for them and promised to follow up

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with pertinent recommendations or to enter them under the anonymous reports procedure established in the updated protocol. With this, the group remained positive that reporting mechanisms can work and awaited resolution. Of note, almost half of this group’s interactions from February 2020 to February 2021were negative toward the protocol. For example, the statement they shared on October 13, 2020, when there were elections at the university, condemned the use of combating gender-based violence for elections, lamented institutional violence at the hands of the university and pointed out the failures of both male and female candidates for rector on this issue. They were astonished that Dr. Aurelio Domínguez, director of the School of Engineering, was allowed to contend, since he had a UAVIG investigation pending against him, in addition to the misogynous environment of the school that he directs. They also rejected Dr. Zaldívar’s dismissal of student accusations from the School of Medicine (which she directs), highlighting that no affected person from that school received any attention from her. Concerning Dr. Gasca, they lamented the omissions and re-victimizations that victims suffer at the hands of the institution that she directs, where aggressors are also protected. Another example of a publication that negatively assesses the protocol came on February 7, 2021, the result of an anonymous reporting exercise organized by students within the School of Philosophy, who were asked to share their experiences and specify if they had asked for help from any UAQ authority; in that case, they were asked to share about the institutional response they had received and if the protocol had been useful to them. In this publication, they shared graphs revealing that 55.2% of complainants did go to a UAQ authority to ask for help and that 93.1% found the exercise of the protocol useless. This group also started a campaign to denounce institutional violence with the hashtag #MiProcesoUAQ (#MyUAQProcess), sharing videos with testimonials from various complainants who narrate how they were revictimized and violated by omissions on the part of personnel, a lack of sensitivity and ambiguous content in the protocol. The campaign used the hashtags #MiProcesoUAQ, #UAVIGNoResponde, and #NoMasViolenciaInstitucional (#NoMoreInstitutionalViolence). This criticism makes it evident that the protocol has limitations in its application, when it comes to the personnel who carry it out, regarding

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its content, and as related to the authorities who should also comply with it. On the other hand, it is important to highlight a category that did not arise with the other group, i.e., evaluation of the protocol, because, in some ways, it reflects not only a negative assessment of some aspect but also its limitations and a demand for change. For example, the status shared on May 18, 2020, points out certain gaps in the protocol, requesting its review, as well as inviting readers to participate in consultation forums organized by the UAVIG. In this case, the protocol is evaluated, but the institution’s work on its review and improvement is also implicitly recognized. With this, although they call out the protocol’s limitations, they also recognize the success of one of its instances in the pursuit of its objectives and their achievement. Finally, on August 26, 2020, they posted the only publication containing a positive assessment, acknowledging the wisdom of including anonymous complaints as a means of reporting in the updated protocol, although they also continued to point out the updated protocol’s remaining limitations. For example, they point to separating the UAVIG from the university’s general legal office, complaining that one authority says that this is an institutional separation, while another that it is just in terms of physical space. They also point out their confusion surrounding the UAVIG’s conception of “restorative justice,” which is essential for reporting processes, in terms of the university’s creation of a committee, stating that they cannot be judge and party. With this review, we have a general overview of the limitations that the group sees in the protocol, but it is also worth understanding their assessment almost three years after its creation. In this effort, Mujeres de la NO FCPyS UAQ responded collectively to the questions highlighted in the methodology, giving the following evaluation. To the question of whether progress had been made toward women in the university community having educational spaces free of violence, they responded as follows: We recognize that the institution has organized some changes, but, from our point of view, the university has touched on and invoked the issue because of the importance that these situations (Me Too) acquired in recent years, and not precisely because of the urgency to eradicate violence against women within university spaces.

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It seems pertinent to emphasize that progress lies in the organization of women in the different university spaces, which has allowed people to talk about violence, as well as ways to identify and eradicate it. In brief, most of the progress on this matter has come from the student, teaching and administrative community, and not from the university as an institution.

They add that they have been involved in their own reporting processes and accompanied others, which has given them insight into the institution’s limited response that leads to revictimization, as well as its slow and insufficient resolutions. They have witnessed firsthand that liaison areas do not work or do not know how the protocol operates or the paths to follow, as well as the lack of a gender perspective. They point out that the fact that liaison areas are part of the institution generates mistrust, suggesting that they should be separate from each school. They also note the following as limits to the protocol: • Territoriality: it only accepts reporting on events that occurred within the university facilities. • A time limit of 365 days from the event to report, which leaves those who experienced violence some time ago and those who have longer grieving processes vulnerable and without clear options. • Bureaucracy/difficulty in reaching sanctions. UAVIG is an investigative body, but the protocol does not establish any options within the university for sanctions thereafter. • The protocol contemplates restorative justice measures, however, it seems to focus more on aggressors (through support groups) and not on repairing damage to the community (classroom, work area, etc.) or to the person who is the victim in the situation. • Inefficient response time. Not only are the times established in the protocol itself disregarded, but they are also no longer consistent with processes where there is already evidence. • The institution has identified the participation of groups or female peers in the reporting process as an obstacle, when it is often complainants themselves who want to be supported in this way. • Little to no dissemination regarding reporting paths and processes. • A lack of transparency within the body itself (UAVIG), as well as when it comes to evaluating and monitoring the work carried out.

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• Breach of the protocol itself in matters such as response time, psychological attention, legal assistance, access to information, among others. Thus, the Mujeres de la NO FCPyS group mainly points to the protocol’s limitations, which must be modified in order to fulfill its objective of providing safe educational spaces for all women in the university community.

Final thoughts Although any normative instrument can and should be improved upon, it is evident that, in the case of the UAQ’s Action and Intervention Protocol against Gender-based Violence, there is still much work to do, since in its effort to combat, punish and eradicate gender-based violence, it seems to reproduce said violence in symbolic forms and commits institutional violence against victims who decide to report. The university’s work and revisions that try to compensate for these limitations must be recognized, but there is still a long way to go. Listening to the demands of different groups could bring the protocol and institution closer to meeting its objectives related to creating safe spaces free from sexist violence.

References Ávila, Y. (2019, 27 March). ¿Cómo surgió el movimiento Me Too y cómo revivió en México? Animal Político. https://www.animalpolitico.com/elsabu eso/como-surgio-el-movimiento-me-too-y-como-revivio-en-mexico/ Chávez, M. (2018, 1, March). Crean Grupo #Yo TambiénUAQ; En 24 horas ya había 200 relatos de acoso. La Jornada. https://www.jornada.com.mx/ 2018/03/01/sociedad/036n2soc Coronel, J. (2018, 28 February). Cimbra a la UAQ el nacimiento de #YoTambiénUAQ. Voz Imparcial. https://vozimparcial.com.mx/2018/02/28/cim bra-la-uaq-nacimiento-yotambienuaq/38122/ Encuesta Nacional sobre la Dinámica de las Relaciones en los Hogares. (2016). Datos abiertos de la Encuesta Nacional sobre las Dinámica de las Relaciones en los Hogares. https://www.inegi.org.mx/programas/endireh/2016/ default.html#Datos_abiertos

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Fergurson, R.-H. (2017). Offline “stranger” an online lurker: Methods for an ethnography of illicit transactions on the darknet. Qualitative Research, 17 (6), 683–698. García, A. C., Standlee, A., & Bechkoff, J. C. Y. (2009). Ethnographic approaches to the internet and computer mediated communication. Journal of Contemporary Ethnography, 38(1), 52–84. Gómez Cruz, E. (2017). Etnografía celular; una propuesta emergente de etnografía digital. Virtualis, 8(16), 77–98. Gómez Cruz, E., & Ardévol, E. (2013). Ethnography and the field in media(ted) studies: A practice theory approach. Westminster Papers, 9(3), 27–46. Hine, C. (2015). Ethnography for the internet: Embedded, embodied an everyday (5587). Bloomsbury Publishing. Instituto Nacional de Estadística y Geografía. (2017, 18 August ). Resultado de la Encuesta Nacional sobre la Dinámica de las Relaciones en los Hogares (ENDIREH) 2016. Boletín de prensa núm. 379/17. https://www.inegi.org. mx/contenidos/saladeprensa/boletines/2017/endireh/endireh2017_08.pdf Ley General de Acceso de las Mujeres a una Vida Libre de Violencia. Diario Oficial de la Federación, de 01 de febrero de 2007, última reforma publicada DOF 01–06–2021. http://www.diputados.gob.mx/LeyesBiblio/pdf/ LGAMVLV_010621.pdf Mujeres de la NO FCPyS. (s.f.). Inicio. Página de Facebook. https://www.fac ebook.com/colectivafcpys Organización de Estados Americanos. (1994, 9 June). Convención Interamericana para Prevenir, Sancionar y Erradicar la Violencia contra la Mujer (Convención de Belém do Pará). https://www.oas.org/es/mesecvi/docs/Bel emDoPara-ESPANOL.pdf Organización de las Naciones Unidas, Mujeres. (s.f.). Preguntas frecuentes: Tipos de violencia contra las mujeres y las niñas. https://www.unwomen.org/es/ what-we-do/ending-violence-against-women/faqs/types-of-violence Secretaria de Relaciones Exteriores, México. (2008). Convención Interamericana para Prevenir, Sancionar y Erradicar la Violencia contra la Mujer o Convención de Belém do Pará y su Estatuto de Mecanismo y Seguimiento. http:// www.gobernacion.gob.mx/work/models/SEGOB/comision/internacional/ 1_13.%20Convencion%20de%20Belem%20Do%20Para.pdf Varela Guinot, H. (2020). Las universidades frente a la violencia de género. El alcance limitado de los mecanismos formales. Revista Mexicana de Ciencias Políticas y Sociales. Universidad Nacional Autónoma de México. Nueva época, año LXV, núm. 238, pp. 49–80. https://doi.org/10.22201/fcpys.244849 2xe.2020.238.68301

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Universidad Autónoma de Querétaro. (2018, 9 August). Instala UAQ Protocolo de Actuación e Intervención en materia de violencia de Género. Comunicado. http://noticias.uaq.mx/index.php/vida/1933-nstala-uaq-protocolode-actuacion-e-intervencion-en-materia-de-violencia-de-genero YotambiénUAQ. (s.f.). Inicio. Página de Facebook. https://www.facebook.com/ Yotambienuaq/ #YoTambiénUAQ. (2018, 21 October). Quitándonos la máscara. [Video]. https://youtu.be/yBdwDZgBZmc

CHAPTER 13

Transnational Policy Transfer and the Gender-Based Violence Agenda: Contributions from Civil Society Adriana Ortiz-Ortega and Anel Ortiz Alavez

Introduction International relations are built through a diversity of actors and paths, including social movements, NGOs, intergovernmental organizations, interregional organizations and international cooperation networks, among others. We take feminisms and the gender perspective as a reference point for understanding how mobilizations “from below” and “from outside” the State have impacted transnational spheres during the last forty years. In

A. Ortiz-Ortega (B) Autonomous Technological Institute of Mexico, Mexico City, Mexico e-mail: [email protected] A. Ortiz Alavez Global Development Studies, Baja California Autonomous University, Tijuana, Mexico

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0_13

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so doing, we confirm the importance of the role that transnational feminist movements have played in designing, implementing and monitoring international norms. Indeed, with the support of organizations such as the United Nations (UN) and the Organization of American States (OAS), these processes have become the basis for designing public policies in local contexts (Ortiz et al., 2021) This analysis focuses on how successive United Nations conferences on women’s rights became a space from which 196 world governments signed the Beijing Platform for Action (United Nations, 1995); its effects and significance must be broadly analyzed in terms of institutionalization and institutionality. Of note, by subscribing to the gender perspective as an instrument of public policy, it became a process for the transfer of norms that reached across multiple world regions. Thus, starting from the United Nations International Conferences on Human Rights (Vienna 1993), Development and Population (Cairo 1994) and the Fourth International Conference on Women (Beijing 1995), a process emerged in which “top-down” and “bottom-up” approaches intermingled, forming a norm negotiation process with broad implications for public policy that prevails to this day and that involves international, regional, national and subnational spaces. The Beijing Declaration and Platform for Action is a visionary agenda for the empowerment of women. “It embodies the commitment of the international community to achieve gender equality and to provide better opportunities for women and girls. The platform of action responds to the collective effort of women and girls around the globe who have fought to achieve gender equality and women’s rights and acts as a continuum of the international community’s commitment to address civil, political, social, economic and cultural inequalities. It remains relevant today, affirming that women’s rights are human rights and that equality between women and men benefits everyone” (UN, 1995). Significantly, one of the most important contributions in terms of the recognition of violence against women comes from a transnational movement in Latin America, which promulgated the first “official” definition of the term “violence against women.” This definition was not adopted at the United Nations but rather at the Organization of American States in Latin America (Keck & Sikkink, 2000, p. 232). The concept of transnational transfer has been coined in different areas of thought; in this chapter, we will refer to two related processes, namely, on the one hand, the transnational transfer

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of the feminist movement and, on the other, the transnational transfer of gender norms, later translated into public policies related to gender. Understanding the relationship between the feminist movement’s transnational transfer and norms leads to differentiating this process between activities, actors and processes. In this chapter, we refer to multi-actor processes in which social actors, state actors, multinational companies and trans-governmental actors participate. It is important to mention that they act with intention and specific objectives that seek to impact international politics or a target state (Risse-Kappen, 1995). This implies that organized women’s movements have played a key role in consolidating the normative handling of the gender-based violence issue at the international level. After this process took place at related United Nations international conferences held in the 1990s, reform of national and local regulatory frameworks began, translating into the development of norms and mechanisms such as the Gender Violence Against Women Alert (known by its acronym in Spanish, AVGM). Institutionality began with these regulations, where public policy addressing gender-based violence has taken shape. We point out that transnational relations are divided into two processes, namely top-down and bottom-up ones, which Guarnizo originally identified upon separating the actions of powerful actors, including states or corporations, from those that originate from popular or grassroots actions. “These diverse actions are called ‘top-down and ‘bottomup’ transnational transfers respectively” (Portes et al., 2003, p. 22). For Chapell (2010), gender mechanisms are part of a larger process; they express the legitimation and institutionalization of a new problem in society and the State. These processes take place at the national and international level, in civil society and within international organizations. They begin with the construction of new conceptions about gender relations in a variety of societies and then incorporate problems derived from inequalities in public agendas and ultimately institutionalize this State problem. It is important to briefly point out the difference between institutionalization and institutionality. The former corresponds to the formation of an institutional legal structure with institutions, norms, laws and regulations as elements that have the capacity to influence human behavior, whether coercively or symbolically. To be effective, institutionalization

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must guarantee stability and permanence over time. For its part, institutionality is the formation of organizations and political structures that support these institutions (Guzman, 2001). The process of transferring public policy norms is hereafter referred to as policy transfer. According to this author, “policy transfer implies a certain degree of knowledge regarding institutional, administrative design as well as policy making in different areas to be applied elsewhere” (Stone, 2012, p. 3). The search and selection of international models that will later be applied in local scenarios is a critical component of policy transfer. It is for this reason that policy transfer requires that we pay attention to different processes that might take place simultaneously. Thus, such transfer might include transfer of policies, ideologies, attitudes and institutional design as well as knowledge of the setbacks of such implementation (Dolowitz, 1997). In brief, “policy transfer takes places across geographical spaces within countries and abroad” (Stone, 2012, p. 9). Although policy transfer is the basis for formulating policies that are based on or copied from similar policies developed in other places, these processes seek to learn from experience. Some strategies for the institutionalization of public policies include focusing on using knowledge from abroad as part of designing and redesigning policy components for new legislation or a new program. Another strategy is closely related to the implementation process and, more specifically, to the need to create appropriate administrative and political conditions for transfer to be sustainable beyond the initial adoption stage. Rose (2004) describes strategies that involve how political actors learn; they try to learn about the main assumptions, technicalities and components of a policy, what Rose calls “learning the concepts” and “abstracting a model.” The professionalization strategy is linked to the development of national or local experts’ capacities so that they are more familiar with foreign examples or specific methodologies necessary for implementing new policy. Studying how the framework between norms, institutionality, institutionalization and public policies developed with regard to the gender perspective reveals a simultaneous process. It began with the transnational transfer referred to in the 1990s, then materialized in the General Law on Women’s Access to a Life Free of Violence (LGAMVLV for its initials in Spanish), becoming an institutional scaffolding through the creation of the Commission to Prevent Violence, as well as through the operation of the System on the Prevention, Punishment, and Eradication of Gender

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Violence. Every time this process is implemented, a public policy aimed at addressing gender violence is initiated. We argue for the importance of looking back at the institutionalization process to understand why public policies on gender violence are weak and we point out that the process of transferring public policy from the federal government is based on strategies surrounding the institutionalization of policies at the subnational level. In other words, to date, work on gender-based violence has focused on using knowledge from abroad as part of the process of designing and redesigning policy components for new legislation and many actions derived from the AVGM, which has been codified since the approval of the General Law on Women’s Access to a Life Free of Violence. The AVGM is a mechanism that involves a set of emergency government actions to confront and eradicate feminicide violence in a given territory, whether carried out by individuals or by the community. The legally constituted civil society and/or national/international human rights bodies make this request before CONAVIM; during the process, an inter-institutional working group is created that analyzes the situation of violence in the territory. This analysis is then reported on, including conclusions and proposals to prevent and address violence. The State has six months to comply and the report contains a set of indicators that must be met. Based on this information, SEGOB decides whether or not to declare an Alert. One issue that stands out is the constant role of civil society in bringing attention to the issue, followed by a commitment based on governance schemes for handling femicide violence through the formation of working groups that analyze Gender Alert requests. The second corresponds to the questionable management of public policy through recommendations from working groups in the absence of a policy with funds allocated from the federal level and that has clear evaluative support for follow-up. However, it has been observed that if the alert is not declared there are no additional resources; if the alert is declared, budgets contain estimates that fall short of reality (Ortiz-Ortega, 2019). Given the limits of this chapter, we cannot fully address the subnational level, where the greatest contradictions come up, but it is important to note that a case study methodology to better understand local dynamics should be implemented. The approval of the Gender Violence Against Women Alert has facilitated the creation of appropriate administrative and political conditions

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for the sustainable transfer of how violence is handled. However, this handling is currently found in what can be called an initial adoption stage. In other words, strategies for the institutionalization of public policies related to this matter depend on the mobilization of Mexican civil society. This implies, in the best of cases, that political actors try to learn about the main assumptions, technicalities and components of the policy, in a way that is similar to what Rose (2004) has called “learning the concepts” and “abstracting a model.“ In this context, certain indicators stand out, including those derived from the Belém do Pará Convention Follow-up Mechanism and those requested for the preparation of the CEDAW Reports. They are references for professionalization and for the development of national and subnational capabilities. In the absence of a state commitment to monitoring gender-based violence, each of the strategic requirements included in said indicators must be considered in depth since, for example, training implies developing national or local experts so that they learn more about foreign examples and specific methodologies necessary for implementing the new policy. In this sense, feminist organizations emphasize that offering training on gender perspectives is of the highest importance because it entails reconciling public policy objectives with changes to the way people think and how achievable objectives are handled. In short, the problem that arises when high incidences of gender violence are present can also be seen as a process of transnational transfer from below that touches on equality policies. However, the urgency of how gender-based violence is handled contrasts with weak institutional involvement in the issue through public policies in which civil society plays a prominent role. Based on the feminist neo-institutionalist approach, we seek to highlight women’s participation in the construction of the public agenda, since traditional models describe the institutionalization of gender as a top-down process, where institutionality of gender is subject to vertical decision-making processes that fail to consider the participation of organizations, interest groups, movements or citizens in general, making the actions and strategies of feminist movements and bottom-up civil society organizations invisible. Following the methodology proposed by Van Der Vleuten et al. (2014), we analyze the intersection of norms and public policy at the state level, expanding the methodology to the subnational level to understand the creation of norms and their translation into public policies, as well as their flaws and limitations. This includes immersion

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in dynamics that go from the bottom-up and from the top-down. The role of women who work from the state to promote changes is also noteworthy in this dynamic.

The Transnational Transfer of Feminism as a Path to the Transnational Transfer of Gender Norms Feminism presents a complex theoretical foundation for the construction of gender-based inequality, which has been accompanied by significant social mobilization. For Olivos (2013), feminism is based on a set of complex theories that aid in the observation and recognition of the world, in addition to understanding and describing it; they are critical theories and, when observing reality, they assume that it is transformable. All feminisms share in producing politicized knowledge, which refers to a way of understanding the world, engendering the need to act on it, influencing the creation of movements and trending groups that seek to influence this reality by modifying it. In this way, thought with the feminist movement is connected organically, thought and action are communicated, they touch, they distress one another and cause tension, but they are impossible without each other (Olivos, 2013). As a movement, feminism is a reduced demand group that has been creating an agenda with specific objectives, among which two main issues stand out, including equality and violence against women (VAW) (Valcárcel, 2013). Although feminism’s development has been documented throughout the eighteenth, nineteenth and twentieth centuries, in this text, we only point to the Charter of the United Nations as the beginning of the institutionalization and institutionality of the principle of equality between men and women and of political participation, where institutionalization is the process through which institutions become stable and permanent over time. Bertha Lutz, founder of the feminist movement in Brazil (González, 2019), discussed and defended the principle of equality. The Nations that signed the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freed (Charter of the United Nations, 1945). Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law (Art. 8). In a similar fashion the Charter states

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that no distinction would be made among nations regarding their size or location. The principle of equality between men and women impacted the Universal Declaration of Human Rights, and it became the first international norm founded in a supranational body that was disseminated in a legal and mandatory sense such that State parties had to guarantee human rights with its inclusion in national regulatory frameworks. The beginning of institutionality, understood as the creation of political organizational structures that help states comply with the top-down norming process, can be observed in the creation of the Commission of the Status of Women (CSW). This Commission was formed by female members from international feminist organizations that initiated social and legal organizations dedicated to gender equality that are critical and anti-bureaucratic with their own governments in the demand to respond to UN mandates (Hilkka Pietilä, 2007, p. 15 in González, 2019). The decade from 1976 to 1985 has been recognized as the most important for women’s rights. Within the framework of the Women’s Year, three world conferences were held in Mexico (1976), Copenhagen (1980) and Nairobi (1985). These conferences addressed issues related to equality, especially development with women in mind, not as recipients of development’s benefits, but rather as active subjects in development. This included development focused on access to employment, education and healthcare. Likewise, in 1979, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), previously drawn up in 1975, was adopted. Its legally binding nature recognizes discrimination as an act related to human rights. The action plan built for equality in terms of development included a set of top-down strategies, however, the forums held in parallel to these conferences were a means through which transnational feminism was consolidated. Starting there, VAW was positioned as a bottom-up process in the international agenda and began to constitute an axis for international feminist action. However, the UN did not take it up as a subject of action until 1994. Apart from the UN’s work, women’s organizations formulated alternative responses; starting from feminist theory, a redefinition of concepts for decision-making was proposed. Likewise, the feminist movement continued with the wide-ranging work of evidencing forms of discrimination and practices that violate human rights, documenting things like selective abortion upon finding out a baby’s sex, higher levels of malnutrition in girls than in boys, forced marriages, genital mutilation, intimate partner rape, beatings from husbands and multiple forms of domestic

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violence (Torres, 2003). Exchanges and cooperation between various feminist groups initiated a new form of transnational activism (Álvarez 2009; Keck & Sikkink 1998 in Van Der Vleuten, 2014) that targeted specific world summits and conferences to address women’s issues from different spheres, resulting in the intensification of regional transnational organization efforts that gave continuity to the feminist agenda. All of this is relevant because it explains how gender-based violence arises outside the international sphere and touches on the process of transnational transfer of institutionalization and transfers of public policies related to gender. This process intensified starting with the so-called fourth wave of feminism that went from 1990 to 2015 and is characterized by growing networks of transnational activism, as well as by the proliferation of NGOs and of civil society organizations. By 1994, the feminist movement had established itself in transnational activist networks through international UN-sponsored forums and other regional organizations, (in the case of Latin America, the OAS), with the aim of influencing debates. At this stage, Janet Halley et al. (2006) point to governance feminism, which they characterize as an “incremental but noteworthy installation of feminism in international organizations and the insertion of feminist ideas in institutional legal power” in the process of global governance (Jaramillo & Céspedes-Báez, 2020). Up to this point, we have observed the transnational transfer process related to the feminist movement and its impact on the institutionalization and institutionality of gender, which was the basis for subsequent influence over the international public agenda. In short, there are two processes involved here; on the one hand, the issue of equality and its insertion into development processes as top-down strategies found in action platforms and, on the other hand, how the transnational movement positioned VAW in public agenda discussions, processes that were strengthened at the regional level. In the context of Latin America, strengthened by the Inter-American Commission of Women (CIM), constituted within the Organization of American States (OAS) since 1928, as well as independent feminists in the region, the transnational feminist movement organized a series of feminist meetings in Latin America and the Caribbean that influenced and resulted in a set of actions in Belém do Pará, Brazil on June 6, 1994, called the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Friedman, 2009).

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In Latin America, civil society’s work in promoting the Belém do Pará convention is noteworthy because it involved civil society, international organizations and local governments in the recognition of violence as “an exercise of power that occurs in the public and private spheres; it admitted that it is a form of violence that can occur within the family, domestic unit, school or any institution, as well as within any interpersonal relationship” (Ortiz-Ortega & Salazar, 2016, p. 6). Based on this reference point, the elimination of violence became a necessary component for development. Equality policies and VAW converged at the 1995 Beijing conference. It is important to mention that, in Beijing, the gender mainstreaming approach was coined as a strategy for incorporating the gender perspective in current public policies, especially those related to the twelve spheres grouped in a set of objectives that State parties were meant to implement, forming a top-down strategy. This process was strained when states unilaterally defined the Millennium Development Goals, and gender equality was reduced to education. Target 3 specifies the need to eliminate gender inequalities in primary and secondary education, preferably by 2005, and at all levels of education by the end of 2015 (United Nations Development Program, 2021). In relation to gender-based violence, we find that VAW norms were promoted in Latin America at the regional level through the incidence of bottom-up processes based on local actors’ capacity to negotiate and pressure for compliance with conventions (Van Der Vleuten et al., 2014), as we will see in the next section. In the case of Mexico, it took at least eight years for norms on gender violence to be adopted as a result of transnational efforts and to have an impact on agencies aimed at addressing domestic violence, which then became public spaces for dealing with gender-based violence. The Mexican National Survey on Household Relationship Dynamics (ENDIREH for its Spanish acronym) was carried out in 2003, following Beijing 1995, and the government reaffirm its commitment to generate programs and actions to eliminate violence against women as well as to produce statistical information regarding gender violence. This was done in order to comply with the 224 Strategic objective which states that “governments should take urgent action to combat and eliminate all forms of violence against women in private and public life, whether perpetrated or tolerated by the State or private persons” (UN, 2021). The results validated women’s demands for VAW to be addressed as a public issue and were the basis for legal change. The ENDIREH provided

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specific data on the type of violence (insults, threats, and humiliations, among others) that women experienced, and it documented that only 5% of women who had suffered an attack reported it. The survey did not document violence in the public sphere, although femicides began to be documented in 1993. At that time, femicides were neither prosecuted nor were considered a hate crime. Femicide became the axis of theoretical and academic production (see Monarrez Fragoso, 2000; Lagarde, 2006; Segato, 2014) that evidenced hate crimes, corporate crimes and state omissions. Intersectoral working groups were formed with academics, CSOs and politicians to develop a state intervention plan; the results were presented in the Chamber of Deputies and Senators as the Alternative Plan against Femicide, which preceded the formation of a Special Commission for understanding and following up on investigations related to femicides in Mexico. On the part of civil society, the National Citizen Observatory on Femicide was created in 2007 (Ortiz-Ortega & Salazar, 2016). At the federal level, the Prosecutor’s Office investigating femicide was founded in 2004 in the Municipality of Juárez, Chihuahua, under the Office of the Attorney General, the Commission to Prevent and Eradicate Violence against Women in Ciudad Juárez and the CNDH (Ortiz-Ortega & Salazar, 2016). Institutionalization in both Mexico and the international space was the product of academic work and intersectoral groups. In 2007, the General Law on Women’s Access to a Life Free of Violence was promulgated; this law characterizes forms of violence against women, their modalities and establishes intervention areas. Its importance lies in establishing the legal and administrative guidelines with which the State should intervene at the different levels of government to guarantee women’s right to a life free of violence. It establishes the creation of a Comprehensive System for the Prevention, Punishment and Eradication of Violence against Women. This national system is an inter-institutional mechanism made up of 32 institutes for women’s advancement, and of at least 12 permanent members, incorporating the Ministries of Public Safety, Health, and Education, among others, in addition to the INMUJERES and the National Council for Discrimination. Its functions include the coordination of efforts for the Prevention, Punishment and Eradication of VAW; the national system depends on the budget assigned to the Program to Support State Women’s Institutions (PAIMEF for its initials in Spanish).

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In addition, the law establishes the Gender Violence Against Women Alert (AVGM) as a mechanism that impedes customary practices that preserve VAW; in addition, it is a state resource for responding to feminicide violence. The LGAMVLV was published in 2009, the same year as the National Commission to Prevent and Eradicate Violence against Women (CONAVIM) and the National Bank of Data and Information on Cases of Violence against Women (BANAVIM) were established. Specifically, CONAVIM depends on SEGOB and is in charge of monitoring AVGM processes; it is also entrusted with developing and monitoring the VAW program, discrimination and equality. According to Aguilar (2006), governance is a directive process that implies government action, as well as includes action on the part of economic and social actors. These processes are generated by the State; when its capacity to solve a specific problem is overwhelmed, integrating the capacities of social actors in government affairs has been seen as a solution that seeks to obtain efficient results and legitimize government action (Aguilar, 2006). Since its inception, the AVGM has been questioned for its effectiveness; although it, in theory, permits the geolocation of violence down to the municipal level, at first it could only be activated by the state, such that that the first three alerts requested were declared inadmissible (the cases requested were in Chiapas, the State of Mexico and Nuevo León). In 2013, the surrounding regulations were modified to improve effectiveness, making changes to the definition of geographical area and bringing together working groups, including feminist academics, to make decisions together with SEGOB. In this way, since its implementation, the AVGM has been declared 13 times and recommendations have been issued to seven states; there are nine alerts in process. This means that 28 of the 32 states have expressed the need to declare the AVGM. Doing so implies mobilizing resources and public institutions. Civil society’s degree of participation in a democratic regime depends on the space that the government decides to give it and, in turn, on the mechanisms and strategies that CSOs build in an effort to participate in and influence public spaces. On the other hand, intersectoral cooperation and coordination largely respond to existing regulatory structures and to a set of common interests that actors may or may not have. Governance in its most general sense can be defined as the “process by which a society’s sense of direction is shaped and defined, and its social capacity is created to achieve the public objectives that give meaning to

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society’s activity” (Aguilar, 2012, p. 29). We refer then to the process by which society is directed and managed to deal with collective problems such as violence against women. Governance encompasses two dimensions: (a) social intentionality and (b) the social capacity to transform objectives into realities through which, according to the author, productive progress becomes visible and is considered suitable and effective for achieving proposed objectives, “making them real.” It is important to mention that a civil society capable of monitoring governance processes, in this case the gender alert, should be a professionalized civil society trained in gender matters; the standards required border on expertise in the subject. This makes the involvement of civil society difficult. Merixtel Calderón of the Ibero-American Human Rights Network in Baja California commented in this regard. For three years, she followed the AVGM with the aim of inviting more civil society groups to join in and gave a course on indicators. She noted as follows: In 2018, we tried to train CSOs in Baja California on CDAW and Belém Do Pará issues so that they could monitor the Gender Alert from their respective positions, but the truth is that it was not possible because civil society is not prepared for that; we gave a free training, and well, it didn’t work, maybe because they saw graphs and numbers and thought they couldn’t (Merixtell, participant in a violence seminar, 2021).

Conclusions This chapter focused on weaving together the different levels that prevail and that are the axis for designing public policies on gender violence, highlighting conceptual and methodological dimensions in order to understand the political dimensions under study. We started from the transnational level and its intersections with governance-based policy transfer approaches to then study cases related to subnational realities in Mexico. The participation of women’s groups and transnational feminist movements has been very important for shaping the gender agenda, for the institutionalization and institutionality of gender norms in international and regional contexts. The participation of feminist organizations, civil society and academia is also necessary in the processes of negotiating and establishing norms in the national context. The Government of Mexico is committed to and has ratified its responsibility in addressing the issue of VAW through gender mainstreaming and

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the implementation of policies that promote gender equality in various areas of public administration. It is clear that a task of this magnitude requires legislative actions to strengthen the legal framework surrounding the prevention, punishment and eradication of gender violence and the approval of budgets to operationalize public policies that emerge from related legislation. On the other hand, it also requires a judicial system capable of imparting justice without prejudice and relying on a gender perspective; however, one of the most important challenges lies in the executive’s capacity based on its administrative powers for coordination and cooperation in the implementation of public policies related to a multifactorial problem in a space where diverse political, economic and social interests converge. We emphasize that not all the actions that emanate from the AVGM are public policies; according to García Prince (2008), public policies are the product of the state, that is, responsibility for their sanction belongs to the State and they must be formally expressed through legal instruments such as laws, regulations, decrees and orders, as well as must-have administrative and technical resources, plans and approved budgets. In this way, these actions are also institutionalized because they start from norms, laws or regulations and have a clear and objective action route accompanied by approved budgets. The AVGM is a mechanism that involves the participation of civil society in the request for and design of public policies; however, said participation is only observed in alert requests as informants in the development of working groups who diagnose and monitor recommendations. Public policies must result from a correct diagnosis of the problem such that interdisciplinary groups must be made up of experts on the issues for which civil society requests the AVGM to adequately diagnose and allow for the formulation of specific strategies and objectives that are then formalized in mandates or work plans and accompanied by a budget. This leads us to mention that civil society must be highly professionalized, thus allowing it to monitor the AVGM’s conclusions as one of the main challenges of governance. Thirty-five years after the Belém do Pará and Beijing conventions, there has been a transnational transfer of norms, and, in turn, of institutionality, with the 2007 enactment of the LGAMVLV; however, as we observed, the process related to the transnational transfer of norms fundamentally impacted the national context, but still requires a more robust foundation at the subnational level, as well as taking into account the problems

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associated with implementing the AVGM as an emergency mechanism in the face of femicides. In this context, we highlighted that the AVGM is not an efficient mechanism to contain the crime of femicide; however, it is an innovative strategy that translates into policy transfer by allowing for the establishment of normative and material structures that prevent and attend to VAW.

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CHAPTER 14

The Olimpia Law: The Beginning of a Legal Framework That Addresses Digital Violence Laura Vidal

Introduction The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Belém do Para Convention), held on August 14, 1995, and ratified by Mexico in June 1998, states that every woman has the right to a life free of violence both in the private and public spheres (Inter-American Convention on the Prevention, Punishment, n.d.; Article 3). The Convention defines violence against women as “any act or conduct, based on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in the public or the private sphere” (Inter-American Convention on the Prevention, Punishment, n.d.; Article 1). As we can see, this definition does not include how related conduct is implemented, but it does distinguish

L. Vidal (B) Institute for Economic Research, National University of Mexico, Mexico City, Mexico e-mail: [email protected]

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between the public and private spheres. Criminal policy should define and delimit crime, however, the same is not essential in civil matters. UNESCO underscores digital sexual violence as a pandemic problem with serious social and economic consequences (Cyber Violence Against Women and Girls. A World-Wide Wake-up Call, 2015). Accordingly, this chapter will address the extraordinary creation of and discussion around the Olimpia Law in Mexico. First, we will explain what the Olimpia Law reform includes and how it defines digital, media violence and sexual privacy. Subsequently, we analyze the debate process in both chambers of the Mexican Congress and the opinions that resulted. Finally, we highlight the influence of organizations and social networks in the promotion of the Olimpia Law reform and the history behind it.

The Story Behind the Olimpia Law The Olimpia Law grew out of events that happened in 2013, when Olimpia Coral’s ex-partner disseminated a sex tape featuring her without her consent. When she tried to report him to the prosecutor’s office in Puebla, Mexico, where the events occurred, in addition to being humiliated by the authorities, she was told that this act was non-criminal conduct since it was not classified in the state criminal code. Here, and at many other times, the state clearly demonstrated its lack of attention to the gender perspective and of a sensitive response (Nava Garcés & Nuñez Ruiz, 2020). After becoming severely depressed and attempting suicide three times, she ultimately realized that she was a victim of violence exerted by her ex-partner and decided to draft a proposal to reform the General Law on Women’s Access to a Life Free of Violence (LGAMVLV, for their initials in spanish), attempting to include digital violence (Ley Olimpia y Ley Ingrid: Dos Casos Que Han Cambiado La Legislación En CDMX , 2021). In 2018, the crime of violation of privacy, which includes cyberbullying, was added to the state of Puebla’s criminal code. The National Institute for Women defines cyberbullying as “a form of violence exercised by using the Internet, with actions that affect victims’ private and social lives, including insulting and threatening them, as well as excluding them from groups on social networks” (INMUJERES, 2016). Although not specifically envisaged in the definition, the concept of cyberbullying is more aimed at violence against children and adolescents; concerns regarding awareness about this type of violence are directed

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both at parents and at the target population, including boys/girls and adolescents. The Module on Cyberbullying (MOCIBA for its initials in Spanish) from the National Institute of Statistics and Geography (INEGI for its initials in Spanish) carried out a survey in 2019 that received responses from women and girls between the ages of 12 to 59. It found that 40.1% received offensive messages, 32.7% received offensive calls, 55.1% published their personal information, 73.6% were criticized for their personal appearance, 28.3% received sexual advances or proposals, 40.7% were contacted by people assuming false identities, 58.7% had their account tracked and 26.2% received sexual content (Módulo Sobre Ciberacoso, MOCIBA, 2019, n.d.). Measuring digital violence is not an easy task because it is not an isolated behavior limited to a single action. On the contrary, digital violence includes a variety of categories. The Informe sobre la Violencia En Línea Contra Las Mujeres (Report on Online Violence Against Women) categorizes 13 types of attacks, including unauthorized access (intervention) and access control, control and manipulation of information, impersonation and identity theft, monitoring and stalking, discriminatory expressions, bullying, threats, dissemination of personal or intimate information without consent, extortion, disparagement, technology-related sexual abuse and exploitation, falsehoods on communication channels, omissions by actors with regulatory power (Simonovic, 2017). Obviously, some of these were already classified in the Federal Criminal Code, such as extortion and abuse. Now, in an attempt to fill a legal vacuum, others are included in the criminal code regarding violence against sexual privacy. Therefore, the reforms included in the Olimpia Law are analyzed below.

Reforms Included in the Olimpia Law The Chamber of Deputies identifies that Mexico is going through “a difficult context of structural violence against women for gender-based reasons…” (Dictamen de Comisiones Unidas de Igualdad de Género y Justicia de La Minuta Con Proyecto de Decreto Por El Que Se Adicionan y Reforman Diversas Disposiciones de La Ley General de Acceso de Las Mujeres a Una Vida Libre de Violencia y Del Código Penal Federal, Expediente 9844, n.d.; p. 50 [Opinion of the United Commissions of Gender Equality and Justice on the Draft Decree Adding and Reforming

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Various Provisions of the General Law on Women’s Access to a Life Free of Violence and the Federal Criminal Code, File Number 9844, n.d.; p. 50]). Given this context, civil society has taken up the banner of protecting human rights violated by the inappropriate use of digital applications and the internet (Ruiz Canizales, 2020). The well-known Olimpia Law is a set of reforms to the LGAMVLV and the Federal Criminal Code (CPF, for their initials in spanish), which now recognizes digital and media violence, as well as violence against sexual privacy. According to the LGAMVLV, digital violence is defined in Article 20 of Chapter IV On Digital and Media Violence, as: …Any malicious action carried out through the use of information and communication technologies, by which real or simulated images, audios or videos of real or simulated images, audios or videos related to content that includes a person’s sexual privacy without their consent, without their approval or without their authorization and that causes psychological, emotional damage in any area of their private life or to their self-image. As well as those malicious acts committed using information and communication technologies that damage women’s intimacy, privacy and/or dignity. …Digital violence will be sanctioned in the manner and terms established by the Federal Criminal Code. (LGAMVLV, n.d., article 20 Quáter)

From the procedural point of view, the LGAMVLV indicates that either the prosecutor’s office or a judge must order necessary protection measures to interrupt, block, destroy or eliminate images, audios or videos related to a case. They must also appropriately safeguard and lawfully conserve the reported content (LGAMVLV, n.d., article 20 Sexies ). Media violence, as contained in the LGAMVLV, stipulates that, to be classified as such, it has to be committed using any means of communication. However, media violence encompasses a broader range of actions than digital violence because it includes the direct or indirect promotion of sexist stereotypes, apologies for violence against women and girls, sexist hate speech and gender discrimination or inequality between women and men. It adds that said acts can be exercised by a natural or legal person who produces or disseminates content that violates the self-esteem, health, integrity, freedom and safety of women and girls, impedes their

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development and impinges upon equality (LGAMVLV, n.d., article 20 Quinquies ). On the other hand, the decree published in the Official Gazette of the Federation on June 1, 2021, which adds chapter II entitled Violation of Sexual Privacy to the CPF, indicates that anyone who does the following commits this crime: … discloses, shares, distributes or publishes images, videos or audios of private sexual content of a person who is of legal age, without her consent, approval or authorization. As well as… videotapes, audio-records, photographs, prints or produces images, audios or videos with private sexual content of a person without her consent, approval, or authorization. (CPF, n.d.; article 199 Octies )

This crime carries a penalty of three to six years in prison and a fine of five hundred to one thousand Units of Measurement and Update (UMAs). Said penalty increases up to one half when the crime is committed by (1) the victim’s spouse or someone with whom she has had a sentimental, affective or trusting relationship, (2) a public servant in exercise of his functions, (3) when committed against a person who cannot understand the meaning of what is happening, (4) when any benefit, profit or otherwise, is obtained and (5) when, as a result of the impact of the crime, the victim attempts suicide (CPF, n.d.; article 199 Decies ). Undoubtedly, classifying the conduct covered in this crime is the first step to punishing it. The principle of legality contained in article 14 of the Constitution states that “no one can be deprived of liberty … or their rights, except through a trial in previously established courts, in which the essential formalities of the procedure are fulfilled and in accordance with laws issued prior to the event” (CPEUM, n.d.; 2nd par. article 14). Specifically in criminal matters, the third paragraph of this same article states that it is “prohibited to impose … by analogy and majority rule, any penalty that is not decreed by a law as precisely applicable to the crime in question” (CPEUM, n.d.; 3rd par. article 14). To avoid violating the principle of legality, the CPF outlines conduct to which the same sanctions will be applied, when the images, videos or audios of private sexual content that are disclosed, shared, distributed or published do not coincide with the person who is identified in them. Thus, any modification to the identity of the person reflected in the

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image, video or audio is also considered a violation of sexual privacy, giving the victim extra protection (CPF, n.d.; article 199 Nonies ). Regulation of digital violence refers to this conduct directly as “all malicious action,” while violence against sexual privacy refers to the crime that a person commits when carrying out a certain conduct. It is important to note that, from a criminal point of view, physical, psychological or emotional damage is not a condition for the commission of the crime, that is, it is enough that the victim comments on the action to be considered a crime, the consequences of which are considered during sentencing. (Table 14.1). As of 2021, and due to activist Olimpia Coral’s efforts and an extensive support network of women and civil organizations, the crime of Violation of Personal/Intimate Privacy has been added and said conduct is classified in 25 states, including Aguascalientes, Baja California, Baja California Sur, Campeche, Chiapas, Mexico City, Coahuila, Colima, Durango, State of Mexico, Guanajuato, Guerrero, Jalisco, Michoacán, Nuevo León, Oaxaca, Puebla, Querétaro, Quintana Roo, Veracruz, Yucatan and Zacatecas. Table 14.1 The differences in the regulation of digital violence and violence against sexual privacy Digital violence

Violence against sexual privacy

Any malicious action Share, distribute, expose, disseminate, exhibit, transmit, market, offer or exchange

A given person Share, distribute, disclose, publish; videotape, record an audio, photograph, print or create Not limited to a medium

Commit through information and communication technologies Real or simulated images, videos or audios related to a person’s sexual private content Without their consent, approval or authorization Psychological, emotional damage, in any area of their private life or to their self-image; Damage to women’s privacy, intimacy and/or dignity

Images, videos or audios of a person’s sexual private content Of legal age, without their consent, approval or authorization Physical harm (self-inflicted) is considered an aggravating factor, but is not a condition for the commission of the crime

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Arguments and Discussions on the Draft Decree On November 28, 2019, Minutes with a Draft Decree were presented to the Senate adding section VI to article 6 of the General Law on Women’s Access to a Life Free of Violence. The Draft Decree only considered adding section VI to article 6 of this law, where the original text is understood as digital violence: [This crime] include acts of harassment, threats, insults, violation of data and private information, disclosure of fictional information, hate messages, dissemination of sexual content without consent, texts, photographs, videos and/or personal data or other graphic impressions or sounds, true or altered, or any other action that is committed through Information and Communication Technologies, Internet platforms, social networks, email, applications, or any other digital space and threatens women’s integrity, dignity, privacy, freedom, private life or violates any human right (Dictamen de Las Comisiones Unidas Para La Igualdad de Género y de Estudios Legislativos Segunda, Por El Que Se Modifica La Minuta Con Proyecto de Decreto Por El Que Se Adiciona Una Fracción VI al Artículo 6 de La Ley General de Acceso de La Mujeres a Una Vida Libre de Violencia, n.d.; pp. 31 [Opinion of the Joint Commissions for Gender Equality and Second Legislative Studies, Amending the Draft Decree Adding a Section VI to Article 6 of the General Law on Women’s Access to a Life Free of Violence, n.d.; p. 31]).

In the Senate of the Republic Various observations were made to the Minutes with a Draft Decree by which provisions to the LGAMVLV and the CPF were amended and added. There, senators on the relevant presiding commissions made various observations. Senator Alejandra León proposed the addition of a criminal classification that recognizes as a crime the “dissemination or disclosure of an image, video, photograph or audio file with intimate sexual content where the person who is identified or indicated in them does not correspond to their real assigned identity” (Dictamen de Las Comisiones Unidas Para La Igualdad de Género y de Estudios Legislativos Segunda, Por El Que Se Modifica La Minuta Con Proyecto de Decreto Por El Que Se Adiciona Una Fracción VI al Artículo 6 de La Ley General de Acceso de Las Mujeres a Una Vida Libre de Violencia, n.d.; p. 28 [Opinion of the United

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Commissions for the Gender Equality and Second Legislative Studies, Modifying the Draft Decree Adding a Section VI to Article 6 of the General Law on Women’s Access to a Life Free form Violence, n.d.; p. 28]). This specification is important because there may be differences between the image/video/photograph/audio file and the identity of the person involved, but such differences do not mean that the psychological and emotional harm to the victim and the acting subject’s intention are in line. That is, the image may not match the woman’s real identity, but the intention to harm and the harm itself are specific and real. In order to substantiate the crime, Senator Nancy de la Sierra proposed the addition of the expression “without her authorization” in the concept of consent in the definition of violence against sexual privacy. In addition, the Senator recommended that, …reporting processes that fit the needs of women, that protect their privacy and do not revictimize them, include safekeeping and careful handling of evidence…That survivors can obtain protection orders when necessary, when faced with various forms of digital aggression such as harassment and threats… [Therefore, it would be necessary] to incorporate into article 29 of the Law an emergency protection order that allows the authorities (especially the Cyber Police) to stop the propagation of images or videos that violate victims; that there be coordination between the Prosecutor’s Office and the Cyber Police to carry out better investigations; and that protocols be created for the Prosecutor’s Office and other authorities with trainings (Dictamen de Las Comisiones Unidas Para La Igualdad de Género y de Estudios Legislativos Segunda, Por El Que Se Modifica La Minuta Con Proyecto de Decreto Por El Que Se Adiciona Una Fracción VI al Artículo 6 de La Ley General de Acceso de Las Mujeres a Una Vida Libre de Violencia, n.d.; pp. 23–24. [Opinion of the United Commissions for the Gender Equality and Second Legislative Studies, Modifying the Draft Decree Adding a Section VI to Article 6 of the General Law on Women’s Access to a Life Free form Violence, n.d.; pp. 23–24]).

On the other hand, Senator Nadia Navarro Acevedo pointed out the need to indicate in the LGAMVLV that digital violence and media violence will be sanctioned in the applicable criminal legislation. However, media violence was not included in the reform of the CPF. In addition, Senator Damián Zepeda, proposed classifying conduct that constitutes media violence. However, his proposal was not heeded, since according to the principle of specificity, the classification of criminal conduct requires

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greater clarity. To this, Senator Miguel Ángel Mancera added that, by including conduct related to media violence, other separate crimes could be committed, such as violence or discrimination (Dictamen de Las Comisiones Unidas Para La Igualdad de Género y de Estudios Legislativos Segunda, Por El Que Se Modifica La Minuta Con Proyecto de Decreto Por El Que Se Adiciona Una Fracción VI al Artículo 6 de La Ley General de Acceso de Las Mujeres a Una Vida Libre de Violencia, n.d. [Opinion of the United Commissions for the Gender Equality and Second Legislative Studies, Modifying the Draft Decree Adding a Section VI to Article 6 of the General Law on Women’s Access to a Life Free form Violence, n.d.]). In addition, the opinion illustratively mentions, without aiming to analyze them, other initiatives that have been presented in relation to the issue of digital violence and that have not advanced further, including the following (Dictamen de Las Comisiones Unidas Para La Igualdad de Género y de Estudios Legislativos Segunda, Por El Que Se Modifica La Minuta Con Proyecto de Decreto Por El Que Se Adiciona Una Fracción VI al Artículo 6 de La Ley General de Acceso de Las Mujeres a Una Vida Libre de Violencia, n.d.; Pp. 21–23 [Opinion of the United Commissions for the Gender Equality and Second Legislative Studies, Modifying the Draft Decree Adding a Section VI to Article 6 of the General Law on Women’s Access to a Life Free form Violence, n.d.; pp. 21–23]): 1. Initiative with draft decree adding Chapter 11, which is integrated with Article 199 Octies to Title Seven BIS of the Second Book of the Federal Criminal Code, regarding the classification of electronic shipments of sexual images; presented by Senator Alejandra del Carmen León Gastélum 2. Initiative with draft decree amending article 6 Bis, section VI; Article 16 Bis is added to the General Law on Women’s Access to a Life Free of Violence, and article 259 Ter and 259 Quáter are added to the Federal Criminal Code; presented by Senator Miguel Ángel Mancera Espinos 3. Initiative with draft decree by which various provisions of the General Education Law are amended and added; of the General Law of the Rights of Girls, Boys and Adolescents; the General Law on Women’s Access to a Life Free of Violence; and the Federal Criminal Code; presented by Senator María Guadalupe Saldaña Cisneros 4. Initiative with a draft decree amending and adding various provisions of the General Law on Women’s Access to a Life Free of

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Violence and the Federal Criminal Code; presented by Senator María Merced González González 5. Initiative with a draft decree that reforms and adds various provisions to the General Law on Women’s Access to a Life Free of Violence and the Federal Criminal Code; presented by Senator Nadia Navarro Acevedo Senator Martha Lucía Micher Camarena pointed out that the presiding commissions studied the relevant minutes for almost a year, taking into consideration the opinions and recommendations of both academics and organizations dedicated to the defense of freedom of expression and the right to information and of companies committed to eradicating violence in the digital sphere. Likewise, Senator Indira Kempis Martínez recognized the importance of participation from citizens, civil society, private initiatives and feminist groups for the result obtained. Senator Blanca Estela Piña Gudiño highlighted the participation of the National Front for Sorority and Olimpia Coral Melo in the effort to classify violence in digital spaces as a crime. Consecutively, the other chamber had to issue its opinion and vote. In the Chamber of Deputies For their part, deputies participating in the Session of the United Commissions for Gender Equality and Justice conducted a study on the “Analysis, discussion and, where appropriate, approval of the Draft Opinion of the Minutes with Draft Decree by which various provisions to the LGAMVLV and the CPF are amended and added, file 9844.” The next step was to approve the terms of the Minutes of Merit and submit to be considered in the Honorable Chamber of Deputies’ plenary session the Draft Decree by which various provisions were added to the LGAMVLV and the CPF. It should be noted that the only vote against came from Deputy Ana Lucía Riojas Martínez, a member of the Gender Equality Commission; she also presented a reservation to the text of the opinion, proposing the complete elimination of the conduct classified as a violation of Sexual Privacy (Dictamen de Comisiones Unidas de Igualdad de Género y Justicia de La Minuta Con Proyecto de Decreto Por El Que Se Adicionan y Reforman Diversas Disposiciones de Las Ley General de Acceso de La

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Mujeres a Una Vida Libre de Violencia y Del Código Penal Federal, Expediente 9844, n.d. [Opinion of the United Commissions of Gender Equality and Justice on the Draft Decree Adding and Reforming Various Provisions of the General Law on Women’s Access to a Life Free of Violence and the Federal Criminal Code, File Number 9844, n.d.]). By way of comparison, Ruiz Canizales (2020) carried out an analysis of three regulations, including the Federal District’s Criminal Code, the LGAMVLV and Mexico City’s Law on Women’s Access to a Life Free of Violence Law. They demonstrate the problem of proportionality or distribution of penalties. He points out that, compared to other crimes committed jointly, there is a discrepancy in the distribution of penalties: for example, dissemination can be punished with six years in prison, but extortion is up to 12 years. There is no rational justification for applying the same sanction to the acting subject and the observer to whom he disseminates. Furthermore, evidentiary matters lack clarity regarding obtaining evidence. On the contrary, the Chamber of Deputies more exhaustively studied the principles of proportionality and legal reasonableness that the legislative branch must follow when creating criminal policy. In this sense, the Plenary of the Court ruled that, when dealing with criminal laws, “when examining their constitutionality, the principles of proportionality and legal reasonableness must be analyzed.“ Therefore, the ruling commissions indicate that, Criminal policy can be adjusted according to the social needs of the respective historical moment, with the following objective elements for the construction of a sanctioning norm: the seriousness of the crime committed, the damage to the protected legal asset, the possibility of individualizing it between a minimum and maximum, the degree of reprehensibility attributable to the acting subject, the suitability of the type and amount of the penalty, and the viability of achieving, through its application, the re-socialization of the sentenced person (Dictamen de Comisiones Unidas de Igualdad de Género y Justicia de La Minuta Con Proyecto de Decreto Por El Que Se Adicionan y Reforman Diversas Disposiciones de La Ley General de Acceso de La Mujeres a Una Vida Libre de Violencia y Del Código Penal Federal, Expediente 9844, n.d.; p. 82 [Opinion of the United Commissions of Gender Equality and Justice on the Draft Decree Adding and Reforming Various Provisions of the General Law on Women’s Access to a Life Free of Violence and the Federal Criminal Code, File Number 9844, n.d.; p. 82]).

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For this reason, the presiding committees made two significant suggestions. First, the criminal type should refer to “the person affected” as a general reference; and second, it should refer to “any medium” when speaking of the dissemination space. In this way, greater protection is provided, considering instruments or means of communication that are in the process of being created or have not yet been invented. That is why, following the principle of proportional punishment, the commission determined it essential to establish differentiated penalties depending on the classification of conduct, dividing them into three groups. The first refers to obtaining or producing the content, the second to dissemination of this content and the third to behaviors that are based on profiting from this kind of content. Therefore, the presiding commissions tried to establish different parameters that avoid unusual penalties. According to the National Supreme Court of Justice, an unusual punishment is understood as that which “has been abolished as inhuman, cruel, infamous and excessive or because it does not correspond to the purposes pursued by the penalty” (PENAS INUSITADAS Y TRASCENDENTALES, n.d [UNUSUAL AND FAR-REACHING PUNISHMENT]). With regard to the circumstances in which the crime is committed, they also proposed the establishment of mitigating and aggravating factors. This is because the behaviors to be pursued do not produce the same harm or intentionality. Therefore, they proposed taking as a point of reference the crime of rape, regulated in article 262 of the CPF. The commissions’ proposal indicates that the main provision of the criminal offense should designate a “punishment that corresponds,” establishing parameters based on the main conduct. Below is a comparative table between the presiding commissions’ initial proposal and the final approved text. Aggravating circumstances including the following: (Table 14.2). It is essential to mention that, in the first section, the presiding commissions deliberately did not establish degrees of kinship or determination in a straight or collateral line. They did so to preserve wording similar to the crime of intrafamily violence, typified in article 343 Bis of Chapter 8. In relation to the acting subject’s intentionality, the presiding commissions determined it essential to qualify related conduct as “provoking suicide in cases in which the victim self-harms or commits suicide.” The CPF allows for this qualification when it comes to other culpable

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Table 14.2 Aggravating circumstances of the violence against sexual privacy Initial proposal from the commissions

Final text in force

Fr. I.— Romantic relationship between acting subject and victim Fr. II.— Family relationship

Fr. I.— Romantic or family relationship between acting subject and victim Fr. II.— Performance of public functions or private security functions Fr. III.— Victim’s capacity for enjoyment or satisfaction. (interdiction) Fr. IV.— Achieving non-profit end

Fr. III.— Relationship of inequality between acting subject and victim Fr. IV.— Performance of public functions or private security functions Fr. V.— For-profit Fr. VI.— Victim attempts suicide as a result of psychological or emotional damage

Fr. V.— Achieving for-profit end Fr. VI.— Victim attempts suicide or physically harms self

behaviors that typically result in an event “that was not foreseen, being foreseeable, or was anticipated trusting that it would not occur, by virtue of the violation of a duty of care (not to disseminate intimate or sexual content) that was due and could be practiced according to personal circumstances and conditions.” Therefore, if the related injuries arise in the context of a qualifying criminal process, an investigation of facts independent of the principal conduct can be carried out. Additionally, the presiding commissions suggest that the National Code of Criminal Procedures should establish protection orders for the removal and conservation of digital material, which may be requested from the judge as a precautionary measure until sentencing. Thus, by considering a temporary period in which precautionary measures can be taken, greater protection is offered to the victim, without affecting the principle of proportionality (Dictamen de Comisiones Unidas de Igualdad de Género y Justicia de La Minuta Con Proyecto de Decreto Por El Que Se Adicionan y Reforman Diversas Disposiciones de La Ley General de Acceso de Las Mujeres a Una Vida Libre de Violencia y Del Código Penal Federal, Expediente 9844, n.d. [Opinion of the United Commissions of Gender Equality and Justice on the Draft Decree Adding and Reforming Various Provisions of the General Law on Women’s Access to a Life Free of Violence and the Federal Criminal Code, File Number 9844, n.d.]).

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How External Actors Contributed to and Influenced This Process This effort seeks to construct a legal framework that provides better and greater protection to female victims of digital violence. Thanks to the National Sorority Front for taking on Olimpia’s cause, a social awareness movement grew that served to pressure the corresponding institutions (Ruiz Canizales, 2020). That is why changes to Mexico’s criminal policy reflects the social needs of this historical moment. As a result of social pressure, digital violence is also regulated in other states, such as Campeche, Mexico City, Coahuila, Durango, Jalisco, Michoacán, Nuevo León and Zacatecas. All of this comes under the banner of what is known as the Olimpia Law. On October 15, 2020, the presiding commissions held a working meeting with various civil, academic, specialist and research organizations; on October 22, they received formal recommendations to improve the related opinion. In particular, the commissions acknowledged the participation of Olimpia Coral Melo Cruz and Etephania Valerio, spokesperson and lawyer, respectively, for the National Sorority Front; Vladimir Cortés Roshdestvensky, Officer of the Digital Rights Program of Article 19 Office for Mexico; Sissi de la Peña, Manager for Mexico and Regional Manager for Digital Commerce, the Latin American Internet Association; Lourdes Barrera Campos, Director of the Colectiva Luchadoras; Dr. Aimée Vega Montiel, Researcher at the UNAM Center for Interdisciplinary Research in the Sciences and Humanities; Prof. María Cristina Capelo, User Security Lead for Latin America, Facebook; and Carolina Luna, Professor of Communication at UNAM and Member of the Feminist Laboratory of Digital Rights at UNAM (Dictamen de Comisiones Unidas de Igualdad de Género y Justicia de La Minuta Con Proyecto de Decreto Por El Que Se Adicionan y Reforman Diversas Disposiciones de La Ley General de Acceso de Las Mujeres a Una Vida Libre de Violencia y Del Código Penal Federal, Expediente 9844, n.d.; pp. 31 [Opinion of the United Commissions of Gender Equality and Justice on the Draft Decree Adding and Reforming Various Provisions of the General Law on Women’s Access to a Life Free of Violence and the Federal Criminal Code, File Number 9844, n.d.; p. 31]). Subsequently, on December 9, 2020, the Gender Equality Commission held a working group with activists specialized in digital violence in order

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to analyze the minutes. In a second roundtable with the commission, activists expressed specific recommendations and concerns. Georgina Arenas, from the group Politically Incorrect Women (Políticamente Incorrectas ), pointed out that there must be collaboration between the legislative and judicial branches to guarantee the recognition of violence in the private sphere. In this sense, Aimee Vega Montiel, from the UNAM Center for Interdisciplinary Research in the Sciences and Humanities, complemented with the notion that the state is responsible for establishing measures to eliminate digital violence. In addition, she warned about possible ineffectiveness due to deficiencies in the reform. It is necessary to mention that the legislative branch must comply with the principles of proportionality and legal reasonableness, which implies that the process of creating a law must be expressly justified, and the establishment of penalties and their application must be reasonable. In this way, if there is a constitutional review, it is not left open to interpretation, and justifications are in place. On the other hand, the Mexican Network for the Prevention of Violence (La Red Mexicana de Prevención de la Violencia), represented by Diana Rocío Maturano González, indicated the need for such crimes to be prosecuted ex officio. Crimes can be prosecuted ex officio or by reporting. Because it is procedural, the National Code of Criminal Procedures (CNPP) defines reporting as: A victim, offended person or whoever is legally empowered to do so expressing his or her will and through this means expressly stating before the Prosecutor’s Office his or her claim that an investigation of one or more facts that the law designates as crimes is needed, thus necessitating investigation under this procedural requirement and, where appropriate, the exercise of the corresponding criminal action. (CNPP, n.d.; article 225)

However, the criminal typology amended in the CPF does not define it, leaving a significant legal vacuum. In particular, victims’ legal security is impacted. Additionally, Agneris Sampieri, a lawyer for the Network “In defense of digital rights” (Red “En defensa de los derechos digitales” ), stressed the importance of considering the different spheres of aggression that digital violence can impact; aggression can be physical, psychological, emotional, economic and patrimonial.

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Finally, the lawyer for the National Sorority Front, Estephania Valerio, brought to the table the issue of social networks’ responsibility for content on their platforms. Although an issue that was not included in the reform, since many sides and actors are involved, the presiding commissions recognized that eventually the topic will have to be addressed.

Conclusions Certainly, legislating on and criminalizing this conduct is an advance, but to what extent? Deputy President María Wendy Briceño Zuloaga pointed to the difficulties in effectively sanctioning and executing on the measures provided for in the law. Although the first step is to contemplate and define illegal conduct, the reform presents problems of an operational nature (Ruiz Canizales, 2020). The social pressure applied to achieve criminalization of this conduct in 25 states is extremely important, as is the effort to regulate digital violence in other Mexican states. However, as part of this chapter’s final reflections, it is necessary to point out some of the obstacles that still need to be overcome. From the beginning, in the context of considerations regarding criminal typology, the opinion from the Chamber of Deputies indicates the need to carry out an analysis of the relevance, scope and structure of new regulations, as well as the origin and scope of the legislative branch’s powers and obligations, which must establish the descriptive measures to substantiate its application, as well as the applicable precautionary measures. Therefore, the challenge is found in the judicial branch’s job of weighing the factors for the quantification of nonmaterial damage; that is, the type of right or interest injured, the existence of the damage and its severity (Ruiz Canizales, 2020). In the same sense, González Salas (2020, p. 68), mentions that “structural changes that could work in the long term will hardly be achievable if an anti-enlightened and present-oriented utopia continues to monopolize … the social discontent resulting from extreme violence against us women.” Consequently, what worked to promote and achieve the approval of the Olimpia Law may become an obstacle when trying to apply and execute said reforms.

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References Aprueban la Ley Olimpia; hasta seis años de cárcel a quien viole la intimidad sexual. (2020, May 11). http://comunicacion.senado.gob.mx/index.php/inf ormacion/boletines/49590-aprueban-la-ley-olimpia-hasta-seis-anos-de-carcela-quien-viole-la-intimidad-sexual.html Boletín Ciberacoso. (2016). Instituto Nacional de Las Mujeres, Año 2 (Número 7). http://cedoc.inmujeres.gob.mx/documentos_download/Boleti nN7_2016.pdf Ciber violence against women and girls. A world-wide wake-up call (United Nations Broadband Commission for Digital Development Working Group on Broadband and Gender). (2015). UNESCO. https://www.unwomen.org/ ~/media/headquarters/attachments/sections/library/publications/2015/% 20cyber_violence_gender%20report.pdf?v=1&d=20150924T154259 Código Nacional de Procedimientos Penales. http://www.diputados.gob.mx/ LeyesBiblio/pdf/CNPP_190221.pdf Código Penal Federal. http://www.diputados.gob.mx/LeyesBiblio/pdf_mov/ Codigo_Penal_Federal.pdf Constitución Política de los Estados Unidos Mexicanos. http://www.diputados. gob.mx/LeyesBiblio/pdf/1_280521.pdf Consumidor, P. F. del. (2021, April 26). La “Ley Olimpia” y el combate a la violencia digital. gob.mx. http://www.gob.mx/profeco/es/articulos/la-leyolimpia-y-el-combate-a-la-violencia-digital?idiom=es Dictamen de Comisiones Unidas de Igualdad de Género y Justicia de la Minuta con Proyecto de Decreto por el que se adicionan y reforman diversas disposiciones de la Ley General de Acceso de las Mujeres a una Vida Libre de Violencia y del Código Penal Federal, Expediente 9844, Cámara de Diputados LXIV Legistatura. http://sil.gobernacion.gob.mx/Archivos/Doc umentos/2021/04/asun_4180322_20210429_1619734337.pdf Dictamen de las Comisiones Unidas para la Igualdad de Género y de Estudios Legislativos Segunda, por el que se modifica la Minuta con Proyecto de Decreto por el que se adiciona una fracción VI al Artículo 6 de la Ley General de Acceso de las Mujeres a una Vida Libre de Violencia, Senado de la República LXIV Legislatura. http://sil.gobernacion.gob.mx/Archivos/ Documentos/2020/11/asun_4105005_20201105_1604588005.pdf Diputados aprueban Ley Olimpia, que sanciona violencia digital contra mujeres – El Financiero. (n.d.). Retrieved October 20, 2021, from https://www.elfina nciero.com.mx/nacional/2021/04/29/diputados-aprueban-ley-olimpia-quesanciona-violencia-digital-contra-mujeres/ Gaceta Parlamentaria, año XXIII, número 5470-IV, martes 3 de marzo de 2020. (n.d.). Retrieved October 19, 2021, from http://gaceta.diputados.gob.mx/ Gaceta/64/2020/mar/20200303-IV.html

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González Salas, L. (2020). Feminismo y Política. Murmullos Filosóficos, 1(2), 62– 69. Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women. https://www.oas.org/juridico/english/treaties/a61.html La Cámara de Diputados aprueba Ley Olimpia y la envía al Ejecutivo—Proceso. (2021, April 29). https://www.proceso.com.mx/nacional/2021/4/29/lacamara-de-diputados-aprueba-ley-olimpia-la-envia-al-ejecutivo-263013.html Ley General de Acceso de las Mujeres a una Vida Libre de Violencia. http:// www.diputados.gob.mx/LeyesBiblio/pdf/LGAMVLV_010621.pdf “Ley Olimpia”, que sanciona acoso y violencia digital, establece una base de exigibilidad de derechos | Comisión de Derechos Humanos de la Ciudad de México. (2021, July 25). https://cdhcm.org.mx/2021/07/ley-olimpia-que-sancionaacoso-y-violencia-digital-establece-una-base-de-exigibilidad-de-derechos/ Ley Olimpia y Ley Ingrid: Dos casos que han cambiado la legislación en CDMX . (2021, February 3). https://politica.expansion.mx/cdmx/2021/03/02/leyolimpia-y-ley-ingrid-dos-casos-que-han-cambiado-la-legislacion-en-cdmx Módulo sobre Ciberacoso (MOCIBA) 2019. (n.d.). Retrieved October 19, 2021, from https://www.inegi.org.mx/programas/mociba/2019/ Nava Garcés, A. E., & Nuñez Ruiz, J. (2020). La violencia digital en México (Ley Olimpia). Criminalia, Año LXXXVII (Nueva época). Olimpia Coral Melo, reconocida como una de las personas más influyentes por Time. (2021, September 15). https://mujeres.expansion.mx/actualidad/ 2021/09/15/olimpia-coral-melo-reconocida-como-una-de-las-personas-masinfluyentes-por-time PENAS INUSITADAS Y TRASCENDENTALES, Pub. L. No. Tesis Aislada, 312812 Primera Sala. Retrieved October 19, 2021, from https://sjf.scjn. gob.mx/ Ruiz Canizales, R. (2020). Violencia Digital contra la mujer en México: Honor, imagen y daño moral. El espectro del derecho penal simbólico en la ‘Ley Olimpia.’ Derecho y Realidad. https://doi.org/10.19053/16923936.v18. n35.2020.11044 Simonovic, D. (2017). La Violencia En Línea Contra Las Mujeres En México. Informe para la Relatora sobre Violencia contra las Mujeres. Retrieved November 19th, 2021 https://luchadoras.mx/wp-content/uploads/2017/ 12/Informe_ViolenciaEnLineaMexico_InternetEsNuestra.pdf. Welle Deutsche (www.dw.com) (n.d.). México: Entra en vigor “Ley Olimpia” contra el acoso digital | DW | 02.06.2021. DW.COM. Retrieved October 20, 2021, from https://www.dw.com/es/m%C3%A9xico-entra-en-vigor-leyolimpia-contra-el-acoso-digital/a-57751028

Index

A Abortion, 104 Action and Intervention Protocol against Gender-based Violence, 226 Actors, 211 Advocacy communities, 10 Affirmative actions, 78 Aggravating circumstances, 274 Alternating, 84 Analysis, 47 Anti-patriarchal, 43 Anti-violence mechanisms, 225 Approved legislation, 148 Asymmetries, 48 Attitudes, 9 Autonomous subject, 20 Autonomous University of Querétaro (UAQ), 226 B Belém do Pará Convention, 24 Binarism, 47 Biological reality, 62

Bodies, 43 Bottom-up processes, 254 C Campaign, 86 CEDAW, 23 Center for Legislative Studies and Gender Equality, 190 Civil organizations, 268 Collaborative bloc, 146 Complaints, 175 Conceptualization, 161, 162, 172 Congresswomen, 90 Consultation(s), 206 process, 210, 213 Convention of Belém Do Pará, 224 Corpopolitics, 46 Court rulings, 9 Crime of femicide, 259 Criminal classification, 269 Criminalization, 278 Criminal typology, 277 Critical actors, 155 Critical mass theory, 123

© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 F. Vidal-Correa (ed.), Political Representation and Gender Equality in Mexico, https://doi.org/10.1007/978-3-030-96713-0

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INDEX

Criticism, 46

D Democracy, 4 Deputies, 120 Development, 45 Dialogical, 39 Difference feminism, 141 Digital ethnography, 228 Digital violence, 192, 266 Dignity, 22 Dimensions, 163 Direct political participation, 206 Distribution of penalties, 273 Districts, 84 Domestic, 44 issues, 115 Domination, 38 Dramaturgical perspective, 211 Duty of care, 275 Dynamics of inequality, 65

E Ecofeminist, 38 Egalitarian, 50 Election, 83 Electoral federalism, 167 Elites’ opinions, 96 Emancipation, 50 Emergency mechanism, 259 Emergency protection order, 270 Empowerment processes, 216 Entry subject, 30 Equality, 11, 43, 79, 100, 106, 141 feminism, 141 Eternal feminine, 25 Evaluation, 175 Exit subject, 31 Ex officio, 277 External actors, 134

F Family(ies), 56, 57 planning, 69 well-being, 9 Female political subject, 19 Female representation, 114, 127 Female subject, 18 Femicide or feminicide, 64 Feminicide violence, 256 Feminine interests, 114 Feminism, 4, 58, 66 Feminist, 41, 133, 141 agenda, 133 bills, 118, 124 movements, 32 organizations, 11 subject, 33 Fourth feminist wave, 142 Full equality, 3

G Gaps, 91 Gender, 64, 138, 139, 253 agenda, 10, 138, 195 definitions of, 61 equality, 6, 188 ideology, 66 initiatives, 139 mainstreaming, 254 mechanisms, 247 norms, 247 parity, 27, 77, 156, 168 perspective, 55, 258 quota, 79 studies, 58 violence, 89 Gender-based political violence, 10 Gender-based politics, 117 Gender-based violence, 224 Gender-centered approach, 57 Gendered forms, 159

INDEX

Gender Equality Commission, 188, 196 Gender identity conversion therapy, 197 Gender-related bills, 123 Gender-related legislation, 121 Gender-sensitive legislation, 9 Gender UAQ, 236 Gender Violence Against Women Alert, 249 Gender violence increased, 194 Global south, 33 Grassroot movements, 13 Guarantor, 106 Guidelines, 87 H Habitus , 67 Harmonization, 156, 158, 170, 172, 179, 181 Hegemonic masculinity, 66 Heterogeneous female subject, 28 Heterogeneous legislation, 179 Hierarchy(ies), 40, 216 Human rights, 21, 67 I Ideology(ies), 13, 98 Inclusive, 91 Indicators, 163 Indigenous, 89 Indigenous communities, 206, 214 Inequalities, 39 Institutional context, 137 Institutional coordination, 173 Institutional designs, 167 Institutionality, 251 Institutionalization, 249, 251 Institutional violations, 8 Institutional violence, 241 Institutions, 13, 45

283

Intention to harm, 270 Interaction, 232 Internal leadership, 101 International actors, 136 International commitments, 139 International instruments, 8, 70 International Labor Organization’s Convention 169, 210 International treaties, 138 Intersected subject, 29 Intersectional analysis, 49 Intersectional approach, 8 Intersectionality, 12, 207, 219 Intersectoral cooperation, 256 Issue, 100

L Left, 98 Legal apparatus, 68 Legislation, 169 Legislative branch, 200 Legislative freedom, 168 Legislative proposals, 124 Legislative work, 201 Limits to the protocol, 240 Lists, 83 Lobbying, 145 Local electoral authorities, 81 Lurking, 229

M Material and symbolic resources, 217, 219 Matrix, 47 Media violence, 266 #Metoo, 226 Mexican, 120 Mexico City Congress, 200 Mexico City Congress’ Organic Law, 195

284

INDEX

Mexico City’s Law on Women’s Access to a Life Free of Violence, 199 Mexico City’s Women’s Parliament, 198 Minority group, 125 #MiProcesoUAQ , 238 Monolithic subject, 26 Motherhood, 58 Mujeres de la NO FCPyS, 241 Mujeres de la NO FCPyS UAQ , 229 Multilevel perspective, 157

N Negative assessment of the protocol, 235 #NoMasViolenciaInstitucional , 238 Nominations, 82 Non-feminist, 141 Non-feminist bills, 119 Normative approach, 20

O Office of General Counsel and of Attention to Gender-based Violence, 228 Olimpia Coral, 276 Oppression, 45 Other epistemologies, 208, 218

P Parity, 176 laws, 7 rules, 82 Parity in Everything, 144, 147 Parliament, 7 Parliamentary work, 201 Participation, 91 Participatory, 212 Participatory modes, 215

Partisan resistance, 180 Party affiliation, 104 Patriarchy, 59 Penalty, 267 Perspective, 64 Planning Institute, 193 Policy(ies), 48, 72 Political culture, 97 Political harassment, 30 Political opportunity structure, 159 Political participation, 18, 85 Political parties, 27, 87 Political representation, 112 Political rights, 19 Political violence, 188 against women, 154, 158 Position(s), 101, 104 Post-colonialist, 43 Power, 101 Precautionary measures, 278 Predominant values, 105 Principle of legality, 267 Principle of specificity, 270 Principles of proportionality and legal reasonableness, 273 Pro-family initiatives, 72 Professionalization strategy, 248 Protection measures, 173 Protection orders, 275 Publication, 232 Public policies, 102, 253, 257, 258 Public space, 206 Q Quitándonos la máscara, 234 Quota system, 121 R Red de Mujeres en Plural, 144 Reforms, 79 Regulations, 81

INDEX

Regulations of the Mexico City Congress, 189 Relational perspective, 211 Reparation measures, 175 Representation, 5, 6, 87, 95, 154 Restorative justice, 239 Right(s), 86, 98 Rights of girls, boys and adolescents, 192 Right to a life free of violence, 263 Right to information, 272 Rules, 5 S Sanctions, 160, 161, 174 Sex/gender system, 59 Sexual privacy, 265 Social hierarchy, 218 Social justice, 71 Standards, 162 State’s role, 103 Stereotypes, 41 Structural and institutional obstacles, 12 Structural inequality, 154 Subjectivities, 33 Subjects of law, 23 Subnational and multilevel differences, 171 Subnational capabilities, 250 Substantive equality, 133 Substantive representation, 10, 110, 112, 126 Superstructure, 48 Sustainable Development Goals (SDGs), 69 Synergistic, 39 T Transfers, 253 Transgender, 89

285

Transparency and accountability, 192 Transversality, 66

U UAVIG, 230 #UAVIGNoResponde, 237 Unitary subject, 29 Unpaid, 40

V Value, 98 Violation of privacy, 264 Violence against women, 25, 192, 263 Violence in the school environment, 225 Vulnerability, 42

W Women(’s), 38, 63, 68, 95 human rights, 189 in legislatures, 111 interests, 138 issues, 64 movements, 136 networks, 143 organizations, 145 participation, 214 priorities, 116 rights, 4, 148 substantive representation, 134

Y #YoTambiénUAQ , 227, 235

Z Zapatista Army of National Liberation, 209