Dokument #1246602
IRB – Immigration and Refugee Board of Canada (Autor)
For information on the requested subject,
please refer to Response to Information Request MEX13200 of 23
February 1993 and MEX24984.E of 17 September 1996. Information on
changes to the situation described in MEX13200 could not be found
among the sources consulted by the DIRB, although one of the
documents attached to this Response refers to a legislative
proposal that would amend the civil and criminal codes and allow a
number of measures to be taken in cases of domestic violence
(La Jornada 27 October 1996). The attachment states that
"in the entire country there are only 11 centres which provide
assistance in cases of domestic violence" (ibid.).
The attached excerpts from Human Rights
in Developing Countries Yearbook 1996 contain a discussion of
the administration of justice in Mexico, and a brief overview of
the situation of women. The document states that, according to the
Mexican government, "there were no comprehensive statistics related
to physical assaults against women in cases of domestic violence,
although it described the problem as 'serious'" (1996, 356). The
source adds that "domestic assault is a crime under the Mexican
Penal Code (Articles 288-296)," adding that "however, 10 states
still provide the legal 'right to correct' a wife or child"
(ibid.). The report states that "the law makes violence against
women difficult to prove and the police is reluctant to intervene
in what is considered a domestic matter" (ibid.).
One attachment discusses the current status
of women in Mexico, stating that "there are now more than 250
women's groups in the country" (IPS 10 Mar. 1996). Another
attachment reports the creation of a "civil association for the
protection of women" formed by 80 women, with the aim of opening a
shelter in Ciudad del Carmen and providing specialized services,
among other things (La Jornada 10 Sept. 1995).
One attached article reports an apparent
increase in spousal abuse during the first half of this decade, and
comments on the legal avenues for redress (Austin
American-Statesman 3 Sept. 1995). The report states that
"since Mexico has no laws that apply specifically to wife-beating,
battered women must resort to general laws on assault" (ibid.). The
source adds that Mexico "does not allow for restraining orders" and
that the legal system presents difficulties for women who want to
end abusive relationships, pointing out that "if the husband
doesn't agree to a divorce, a wife must prove that her spouse
attacked her violently, was unfaithful or fathered an illegitimate
child" (ibid.).
Finally, one news report attached to this
Response refers to the case of a Mexican "boxing legend" accused by
his wife of battery (Reuters 15 June 1996). The source states that
the charges were presented in a lawsuit filed "in the couple's home
town of Culiacan" and refers to the wife as being "separated from
the husband", although it is not clear from the report whether the
separation took place after the incident that prompted the lawsuit
(ibid.).
This Response was prepared after
researching publicly accessible information currently available to
the DIRB within time constraints. This Response is not, and does
not purport to be, conclusive as to the merit of any particular
claim to refugee status or asylum.
References
Austin American-Statesman
[Tex.]. 3 September 1995. Nancy Nusser. "Violence Against Women is
Rising in Mexico." (Mexico NewsPak [Austin, Tex.], 28
Aug.-10 Sept. 1995, Vol. 3, No. 16, p. 6)
Human Rights in Developing Countries
Yearbook 1996. 1996. Edited by Peter Baehr et al. Oslo: Nordic
Human Rights Publications.
Inter Press Service (IPS). 10 March
1996. Diego Cevallos. "No End in Sight for 100-Year Battle for
Women's Equality." (Mexico NewsPak [Austin, Tex.], 26
Feb.-10 Mar. 1996, Vol. 4, No. 3, p. 11)
La Jornada [Mexico City]. 27
October 1996. Ricardo Olayo. "New Proposal Would Consider Domestic
Violence as Criminal Conduct." (Mexico NewsPak [Austin,
Tex.], 21 Oct.-3 Nov. 1996, Vol. 4, No. 19, p. 9)
_____. 10 September 1995. Livia Diaz
Ortiz. "Organization for Women's Protection Created." (Mexico
NewsPak [Austin, Tex.], 11-24 Sept. 1995, Vol. 3, No. 17, p.
11)
Reuters. 15 June 1996. BC Cycle. "Wife
Accuses Defeated Chavez of Battery." (NEXIS)
Attachments
Austin American-Statesman
[Tex.]. 3 September 1995. Nancy Nusser. "Violence Against Women is
Rising in Mexico." (Mexico NewsPak [Austin, Tex.], 28
Aug.-10 Sept. 1995, Vol. 3, No. 16, p. 6)
Human Rights in Developing Countries
Yearbook 1996. 1996. Edited by Peter Baehr et al. Oslo: Nordic
Human Rights Publications, pp. 344-46, 355-56.
Inter Press Service (IPS). 10 March
1996. Diego Cevallos. "No End in Sight for 100-Year Battle for
Women's Equality." (Mexico NewsPak [Austin, Tex.], 26
Feb.-10 Mar. 1996, Vol. 4, No. 3, p. 11)
La Jornada [Mexico City]. 27
October 1996. Ricardo Olayo. "New Proposal Would Consider Domestic
Violence as Criminal Conduct." (Mexico NewsPak [Austin,
Tex.], 21 Oct.-3 Nov. 1996, Vol. 4, No. 19, p. 9)
_____. 10 September 1995. Livia Diaz
Ortiz. "Organization for Women's Protection Created." (Mexico
NewsPak [Austin, Tex.], 11-24 Sept. 1995, Vol. 3, No. 17, p.
11)
Reuters. 15 June 1996. BC Cycle. "Wife
Accuses Defeated Chavez of Battery." (NEXIS)