Tag Archive for: Violence and Abuse

The High Court of Justice and its doctrine on femicides

The High Court of Justice of the province of Córdoba (TSJ), established the criteria on how cases of femicide should be treated, confirming Gonzalo Lizarralde’s life sentence for the crime of Paola Acosta, stating that he measured gender violence And it was a femicide.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

 

The sentence of the 11th Chamber of the Crime, reviewed by the TSJ, had condemned Lizarralde to life imprisonment for homicide classified as treachery against Paola Acosta and for homicide qualified for the bond and for treachery in an attempt against his Daughter, MA Both the defense and the complaint married this sentence and the TSJ was issued last month confirming the conviction, but with the aggravating of femicide.

The Chamber had dismissed the application of this aggravating factor because it understood that there had been no gender violence, stating that “Acosta and Lizarralde had an informal and short-lived relationship of a few months.” The Chamber also pointed out that the personal characteristics of the victim prevented the application of the femicide figure, since it was a woman who “was not docile” and who “decided to empower herself in defense of her rights and those of her daughter” .

The TSJ ruling is the first of this court that addresses the figure of femicide, which is why they established their interpretive criteria.

In principle, it clarifies that in this case it was a case in which a man assaulted against a woman using gender violence, and considered that Lizarralde committed the homicide against Acosta based on gender bias

Consider, it is not essential that there is a stable, formal or cohabiting relationship. Homicide must occur in a context in which women are in conditions of inequality with respect to men. This context must be evaluated by the judge according to each specific case, but no personal characteristic can be demanded in the victim (that is submissive or of weak character, for example).

It is especially important to note that the TSJ took into account that the femicida understood that she would not resign her personal choices to the responsibility that takes care of a girl’s care, which led him to overcome the burden of pregnancy and the assistance of his Daughter, leaving everything in the hands of the victim for three years. This left Paola in a situation of vulnerability and inequality, which she herself sought to reverse through a family judicial process. The death of Paola meant to impose the plans of life of the femicide over those of the victim and his daughter.

We welcome this judicial pronouncement because we believe it is essential to raise awareness and raise awareness of this extreme form of violence, which is only the last step in violence against women. The aggravating factor of femicide acts when the damage is already done, which makes it necessary to accompany this type of actions with policies aimed at prevention.

In times of intense debate about the State’s punitive response to violence against women, which has proven to be insufficient, we insist on a comprehensive and preventive approach that includes violence in all its forms.

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Author

Mayca Balaguer

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

Severe lack of transparency in the budget of the National Council of Women

From FUNDEPS we express our concern for the lack of transparency and clarity in the management of the budget for the National Council of Women announced in the last Official Gazette.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

 

On January 11 of this year, the budget modification for the National Women’s Council (CNM) and the National Plan of Action against Gender Violence (PNA) was reflected in the Official Gazette, signed by the Chief of Staff , Marcos Peña. Until December 2016, there was a budget approved by the National Congress, which included a CNM and NAP item for 47 million pesos, which was added an increase of 20 million pesos to the original budget planned for the CNM. The Budget Law 2017 was then promulgated with that increase from 96 to 116 million by 2017. In the current Administrative Decision 12/2017 of the Chief of Cabinet, only the amount of 96 million was designated for the CNM which implies a reduction of 67 Million pesos of the assigned budget.

From this confusing situation, an amparo action was filed by the Civil Association for Equality and Justice (ACIJ), the Latin American Justice and Gender Team (ELA), the Foundation for the Study and Research of Women (FEIM), The Argentine Commission for Migrants and Refugees (Caref), the Women in Equality Foundation (MEI) and the 21st Century Foundation. The organizations made a presentation to the Court to declare unconstitutional the reduction of funds allocated to the National Council of Women And the National Plan of Action against Gender Violence, demanding the State for the violation of the division of powers and the discretionary use of “superpowers”.

The authorities of the National Women’s Council tried to deny this information through an official press release and various statements in the media, claiming that it was an “error” and that the budget item, although not properly published in The Official Gazette, was guaranteed by the Ministry of Finance.

We emphasize the importance of carrying out the budgetary allocation according to established procedures, in order not to weaken institutional quality and respect democratic processes. On the other hand, if the elimination of these funds in the Administrative Decision was the product of an error, in order to be valid, the same must be corrected and published in the Official Gazette, according to the formal process. As of today, more than a month has elapsed since the publication of the Administrative Decision, it has not yet become official. This demonstrates the seriousness of the situation and the unclear and transparent management of the budget by the Office of the Chief of Staff.

As the budget line announced in the NAP is one of the points where progress was made in protecting women, we express our concern about this evidence of institutional fragility, lack of clarity and transparency that weakens the achievements against violence of genre. This situation violates the rights of women and girls in a country where every 18 hours a woman dies a victim of violence.

We also add our call for greater transparency in the mechanisms for monitoring public funds for budget execution and for greater clarity in the decisions taken by state agencies that affect the lives of millions of women.

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Contact

Emiilia Pioletti – emiliapioletti@fundeps.org