FEMICIDE IN CENTRAL AND SOUTH AMERICA UNVEILING A REGIONAL SECURITY RISK

FEMICIDE IN CENTRAL AND SOUTH AMERICA UNVEILING A

REGIONAL SECURITY RISK

Chapter I

INTRODUCTION

“In 2019, Tania Palacios was tragically killed by her partner, an ex-police officer, in

Jujuy, Argentina. He was later sentenced for femicide involving the use of a firearm. This

brutal murder starkly highlighted the severe issue of gender-based violence within

intimate relationships. The conviction was not just a verdict but a definitive statement

against femicide, reinforcing the nation's resolve to combat this pervasive issue.

(Todo Jujuy 2023)”

Femicide, the intentional killing of women because of their gender, has become a tragic

and alarming phenomenon, particularly pronounced in Central and South America. Data

compiled by the UN Office on Drugs and Crime’s International Homicide Statistics paints a stark

picture: In 2021, Latin America was home to 10 out of the 12 countries with the highest rates of

femicide in the world (UNODC 2022). Furthermore, a harrowing statistic reveals that a woman

or girl falls victim to a gender-related killing every two hours in Latin America (ECLAC 2022).

These stark figures not only underline the urgency of addressing this issue but also signify

femicide’s profound implications for societal stability and human security.

This dissertation investigates femicide in Central and South America, analyzing it

through a multi-dimensional lens that focuses on gender stereotypes, entrenched state-level

patriarchy, and their correlation with high femicide rates. It seeks to address the central research

question: To what extent do gender stereotyping and state-level patriarchy contribute to the

persistence of femicide as a regional security risk in Central and South America? This research

provides a detailed examination of both the legal frameworks designed to combat this violence

and the societal structures perpetuating it. Additionally, it explores strategic interventions that

could effectively mitigate femicide's prevalence.

Femicide transcends the boundaries of a mere criminal justice or women's rights issue

and poses a broad-reaching threat to regional and even global security. Women constitute half of

the global population, and when a significant number of them are subjected to violence or are

missing, the very fabric of society is disrupted, affecting economic growth, public safety, and the

general well-being of communities. Femicide contravenes fundamental human rights and

principles such as the right to life, freedom, and justice, as well as values of peace, equality,

respect, security, dignity, and honor (Suarez 2023). The struggle for justice and protection is

further complicated by systemic discrimination within law enforcement and judicial systems, a

reflection of the deep-seated patriarchal structures that underpin society (Boesten 2012).

Based on trends observed over time, the Latin American countries with the highest rates

of femicide per capita are El Salvador, Honduras, Guatemala, and Brazil (Statista 2019). Brazil

recorded the highest number of femicides in Latin America, with 1326 women violently killed in

2019, based on gender (Statista 2019). Mexico followed with 893 cases in 2018 alone

(CEPALSTAT 2018). Additionally, The Bahamas and the Dominican Republic were recognized

globally for their high femicide rates, marking them among the top 25 countries worldwide for

such crimes (CEPAL 2022). This contrasts sharply with North America, where countries like the

United States and Canada report significantly lower rates of femicide (Nowak 2012). When

compared with European statistics; Germany and France reported only 147 and 121 cases of

femicide, respectively, during comparable time frames (Statista 2019). These figures not only

illuminate the severe and pervasive nature of gender-based violence in Latin America but also

position the region as a critical point of focus in the global fight against femicide.

Cultural norms that discriminate against and devalue women contribute significantly to

these high rates. For instance, in Peru, societal attitudes often normalize violence against women,

with reports indicating that 70% of women have experienced intimate partner violence

(Hernandez 2018). Similarly, Guatemala has been described as experiencing a “femicide

epidemic” due to the deep-rooted acceptance of violence against women (Carey Jr. and Torres

2010, 147). This normalization is particularly concerning given that, according to studies by the

Femicide Watch Initiative and the UN Office on Drugs and Crime, over 80% of intentional crime

victims involving intimate partners are women (UNODC 2022).

Despite significant strides in legal reforms aimed at protecting women's rights in Central

and South America, the scourge of femicide remains rampant, deeply rooted within societal

frameworks marked by persistent gender stereotypes and entrenched patriarchy at the state level.

Such stereotypes overshadow women, significantly hindering their ability to report abuse or seek

help due to fears of being perceived as weak or vulnerable. Similarly, in environments dominated

by patriarchal values, women are systematically pushed to the margins of society, deprived of

power, and stripped of fundamental rights (Sultana 2011). This systemic disenfranchisement

creates a climate where some men feel entitled to dominate or harm women, a dangerous mindset

that often escalates to femicide.

These nations, plagued by significant socio-economic challenges and entrenched

patriarchal norms, often fail to provide effective protection for women. This dissertation

investigates the correlation between rising gender stereotypes and systemic patriarchy, as

quantified by gender equality indicators, with femicide rates in the region. Additionally, it

explores the role that legal and societal frameworks, shaped by misogyny and machismo, play in

the prevalence of femicide.

Furthermore, the research advocates for a shift in perspective—viewing femicide

through the lens of human and regional security. This novel approach not only frames femicide

as a violation of human rights but also as a destabilizing factor that threatens broader regional

stability, emphasizing the need for a strategic response that transcends national borders.

Femicide in Central and South America harbors the potential to escalate further, posing an even

greater threat to global security. As migration flows from these regions to North America and

Europe increase, there is a risk that these harmful cultural mentalities might spread, further

embedding violence against women globally.

The normalization of violence against women and the lack of accountability for

perpetrators cultivate a societal acceptance that not only condones but also enables femicide. It is

against this backdrop that this dissertation aims to explore the influence of gender-related factors,

such as gender stereotyping and entrenched patriarchy, on the ongoing crisis of femicide,

positioning it as a significant risk to regional and potentially global security. Through

comprehensive analysis, this dissertation enhances the understanding of identifying effective

interventions for addressing femicide in Central and South America. The goal is to contribute to

the global effort to safeguard women's security, challenging and dismantling the cultural and

structural foundations that allow such violence to persist.

The research conducted in this dissertation reveals that femicide in Central and South

America is not only a severe social issue but also a critical regional security threat. The analysis

demonstrates how this pervasive violence against women extends beyond personal tragedy and

individual loss, impacting broader societal structures and stability. While some scholars perceive

security threats in a traditional military context, this dissertation identifies femicide as a human

security threat, affecting societal stability by exacerbating social inequalities and eroding trust in

protective institutions. This complex phenomenon is deeply rooted in societal norms, legal

frameworks, and pervasive gender inequalities. The findings underscore the varied effectiveness

of national laws designed to combat femicide, with many countries exhibiting significant gaps in

both legal standards and enforcement, which in turn perpetuates violence against women.

This dissertation critically examined how legal and societal structures influenced by

misogyny and machismo contribute to the occurrence of femicide. It found that inconsistent

application of laws and entrenched patriarchal norms within legal systems often result in

inadequate protection for women. Moreover, the research highlighted that a shift in perspective is

necessary in viewing femicide through the lens of human and regional security. This approach

not only frames femicide as a violation of human rights but also as a destabilizing factor that

threatens broader regional stability. This destabilization not only affects regional stability but

also poses a threat to global security. In a world interconnected by economic, social, and political

ties, instability in one region can have ripple effects across the globe. Thus, addressing femicide

is crucial for the safety and security of societies everywhere, underscoring the need for a

comprehensive approach that involves local, national, and international efforts to combat this

violence and uphold human security.

By advocating for stronger legal frameworks, comprehensive enforcement mechanisms,

and a transformation in cultural attitudes toward gender, this dissertation sets forth increased

scholarly analysis on the topic and lays the foundation for more effective policymaking. It calls

for an integrated approach that includes aligning with international standards, fostering regional

partnerships, and implementing gender-sensitive policies. These strategies are vital for

effectively addressing the challenges of femicide, thereby enhancing the safety and security of

women in the region. This novel perspective underscores the importance of treating femicide not

just as a domestic issue but as a critical element in the broader context of regional and

international security concerns.

Chapter II

LITERATURE REVIEW

This chapter provides an in-depth exploration of the scholarship regarding the evolution

of femicide from a lesser-known issue to a globally recognized human rights violation. It

highlights the profound societal and patriarchal structures that not only allow but exacerbate the

conditions under which femicide occurs, particularly in Latin America. Key findings in the

literature review demonstrate that while the criminalization of femicide marks a critical

legislative step, it alone is insufficient to reduce these crimes, given that external factors like

poverty, organized crime, and drug trafficking create environments conducive to gender-based

violence. Additionally, entrenched gender stereotyping and state-level patriarchy significantly

contribute to the prevalence of femicide, underscoring it as a pressing security concern for the

21st century.

1. Femicide theories and definitions

In recent years, the term 'femicide' has gained prominence in the international relations

literature, emerging as a crucial concept to address a deeply troubling and recurring

phenomenon: the murder of women specifically because of their gender. Femicide encompasses

not only individual acts of violence but also profoundly entrenched societal structures that

perpetuate it. Within this context, the horrific crime of femicide unfolds in societies where these

norms are deeply ingrained, transcending the confines of the private sphere to pose a significant

threat to broader societal security. The increasing attention towards the issue of violence against

women marks an important societal shift, transitioning it from a previously hidden and private

concern to one that is now recognized as a fundamental human rights issue (Taylor and Jasinski

2011; Puentes 2014; Vásquez Mejías 2015). This heightened awareness underscores the urgent

need to address femicide, as it is highly relevant to global security due to its impact on a

substantial portion of the worldwide population and its potential to exacerbate inequalities and

disrupt security on a global scale. With women comprising half of the world's population, any

issue that disproportionately affects them carries significant implications for societal well-being

and stability. Furthermore, as highlighted by Suárez (2023), femicide, as a lethal manifestation of

violence, starkly reveals that no one is exempt from its horrors, emphasizing the urgent need for

action to address this pervasive threat.

The prevalence of femicide in regions of Latin America, particularly those marked by

patriarchal mentalities and deviant ideologies, can fuel social unrest and exacerbate regional

tensions, thereby posing challenges to global security efforts. The systematic targeting of women

through femicide contributes to an environment of fear and insecurity, hindering social progress

and economic development. Additionally, the normalization of violence against women

perpetuates cycles of violence and conflict within communities, further destabilizing regions and

impeding efforts to achieve sustainable peace. Therefore, understanding and addressing femicide

is essential for promoting gender equality, protecting human rights, and fostering global security

and stability. By addressing the root causes of femicide and implementing comprehensive

measures to prevent and combat gender-based violence, societies can work towards creating

safer and more secure environments for all individuals, ultimately contributing to global peace

and prosperity. The following section will explore the significant body of literature that positions

femicide as a critical human security issue of the 21st century. This exploration will highlight the

complex and extensive impacts of femicide. Through examining scholarly perspectives and

advancements in addressing femicide, this section aims to provide a comprehensive

understanding of its complexities and the efforts to mitigate this grave concern.

Conopoima Moreno's (2019) insightful research explores the correlation between

femicide and patriarchal education. Moreno argues that patriarchal or macho ideology is

instilled through socialization from infancy onward, shaping the gender roles assigned to

individuals as they grow and develop. This process extends beyond simplistic distinctions like

“pink for girls and blue for boys,” instead ingraining the notion that it is customary and

acceptable for men to hold privileged positions within various spheres of society, including the

family, education, religion, the workforce, government, and society (Conopoima Moreno 2019,

122). Through her scholarly contributions, the researcher underscores the pervasive influence of

patriarchal norms on societal structures, emphasizing the critical need for extensive reforms to

prevent gender-based inequalities and violence against women.

Throughout history, women have endured pervasive discrimination and violence

across various cultures. Despite strides in addressing gender-based violence, femicide remained a

distinct and alarming manifestation of this broader issue. However, the recognition of femicide

as a distinct crime came into the public spotlight in 1976, thanks to sociologist Diana Russell's

testimony before the International Tribunal on Crimes Against Women. Russell's objective was to

draw attention to the growing occurrences of violent deaths of women and distinguish them from

ordinary homicides (Russell 2008; Corradi et al. 2016; Godoy-Paiz 2012). This acknowledgment

of femicide's distinctiveness within the realm of violence against women is reflected in the

specialized literature, where it is recognized as one of the most extreme forms of violence in

contemporary society (Serafin 2020). While sexual assault, domestic violence, and murder

persist, femicide unveils a more profound systemic and endemic hatred, representing a flagrant

disregard for the lives of women (Hemblade et al. 2017).

While Russell did not offer a precise definition of femicide during her initial

testimony, she effectively conveyed its importance by providing illustrative examples (Russell

2008). She marked the beginning of a deeper understanding of femicide as a distinct and critical

issue, laying the groundwork for subsequent scholarly and activist efforts to define and address it

within the context of violence against women. In 1990, she formulated a definition of femicide

as 'the murder of women by men motivated by hatred, contempt, pleasure, or a sense of

ownership of women' (Caputi and Russell 1990, 34), which captured the underlying motivations

and dynamics behind these gender-based killings. Subsequently, in 2001, the definition of

femicide underwent revision to encompass all manifestations of sexism and not solely be limited

to hatred, thus becoming a widely recognized and referenced characterization (Russell and

Harmes 2001). According to this updated definition, femicide can be understood as 'the killing of

females by males because they are female' (Russell and Harmes 2001).

Similarly, a report from the United Nations Special Rapporteur on Violence Against

Women defines femicide as “the gender-related killing of women, resulting from their sex and/or

gender” (UN General Assembly 2016). However, it is important to note that on a global scale,

there is no universally agreed-upon definition of femicide (UNODC 2019). These variations in

definition underscore the complexity and ongoing debate surrounding the concept of femicide.

Drawing from a sociological perspective in alignment with Russell's viewpoint, fellow

scholars have observed that intimate femicide predominantly affects women in partnerships.

They conceptualize femicide as a manifestation of lethal intimate partner violence against

women (Frye et al. 2005; Suárez 2023). This sociological lens sheds light on the prevalence of

femicide within intimate relationships and underscores its grave implications for women's safety.

In addition to the sociological perspective on femicide, other significant theories shed light on

this phenomenon. These include feminist, criminological, human rights, and decolonial research

approaches (Corradi et al. 2016). While acknowledging the contributions of Radford and Russell

in emphasizing gender-based distinctions in woman-killing, Corradi et al. introduce alternative

theories of femicide. For instance, within a feminist framework, the inquiry into femicide goes

beyond the mere investigation of female homicides. It also challenges the prevalent patriarchal

authority in society, scrutinizing the overarching structural factors contributing to femicide and

the inherent imbalances of power (Corradi et al. 2016, 979). This broader perspective

emphasizes the need to consider not only individual acts of violence but also the systemic factors

that perpetuate gender-based killings, such as entrenched gender roles, societal norms that

condone violence against women, economic disparities, and institutionalized sexism (UN

Women 2016).

Feminist theory has been pivotal in shaping the concept of femicide, which arises from

historically unequal relations within a patriarchal system and contexts marked by social,

economic, and political disadvantages for women (Puentes 2014). Advocates of this perspective

argue that oppressive attitudes toward women are not only “culturally sanctioned” but are also

ingrained within and manifest across all facets of social institutions (Taylor and Jasinski 2011,

342). By highlighting the pervasive nature of patriarchal norms and structures, feminist theory

underscores the importance of addressing femicide as a systemic issue that requires structural

changes in society (Matos 2008; Taylor and Jasinski 2011; Pinelo 2015). This perspective

challenges the traditional focus on individual perpetrators and instead calls for a broader

examination of the underlying power dynamics and inequalities that contribute to femicide.

Similarly, the human rights approach gained traction following the Vienna Femicide

Symposium, where the Academic Council of the United Nations System (ACUNS) raised

concerns about rising femicide rates worldwide (Corradi et al. 2016, 982). ACUNS characterizes

femicide as a wide-reaching issue that includes murder, torture, honor-related killings,

dowryrelated homicides, infanticide, gender-based prenatal selection, genital mutilation, and

human trafficking (Domazetoska et al. 2014; Naudi and Stelmaszek 2018). Furthermore, some

scholars view femicide as a pervasive epidemic, advocating for an end to gender-based killings

through global movements like #NiUnaMenos and #MeToo (Hemblade et al. 2017). They shed

light on emerging forms of online violence against women, such as “doxing,” “sextortion,”

“trolling,” and the non-consensual distribution of intimate content, which target diverse groups

of women, including human rights defenders, politicians, journalists, bloggers, young women,

ethnic minorities, indigenous women, afro-descendant women, LBTIQ women, women with

disabilities, and marginalized communities (Hemblade et al. 2017, 12). By encompassing a wide

range of violent acts against women, the human rights approach underscores the urgent need to

address femicide as a violation of fundamental human rights.

No single theory can fully explain the complex phenomenon of femicide. Instead, a

comprehensive understanding necessitates the integration of various theories and multifaceted

explanations. Femicide defies simplistic categorization or analysis, emphatically requiring an

interdisciplinary and intersectional approach that considers the intricate web of contributing

factors (UN Women 2019). This recognition underscores the importance of adopting a holistic

perspective that considers the intersection of gender, race, class, sexuality, and other social

identities in understanding and addressing femicide. By adopting such an approach, scholars and

practitioners can develop more effective strategies to combat femicide and promote gender

equality and human rights.

2. Academic discourse between femicide and feminicide

In academic discourse, the terms femicide and feminicide are often used

interchangeably to describe gender-based violent killings that arise from systemic gender

inequalities that subordinate women. However, there exists a distinct regional variation in

terminology preferences, with feminicidio (Spanish translation of feminicide) being more

commonly used in Mexico, Nicaragua, and the Dominican Republic, while femicidio (Spanish

translation for femicide) prevails in Honduras, Guatemala, Chile, and Argentina, as noted in

Fernandez's research (2012). Within scholarly circles, an ongoing debate surrounds which term

more accurately aligns with Diana Russell's definition of “misogynous killing of women by

men” (Radford and Russell 1992, 3). Diana Russell acknowledged the existence of this scholarly

disagreement, pointing out situations in which specialists in feminicide were not invited to

participate in some femicide conferences (Russell 2011, as cited in Pinelo 2015). Some scholars

attribute this difference in terminology preferences to various factors, such as the presence of

advocacy in a country and state-level involvement in adopting legal frameworks. This divergence

is particularly evident in Mexico, where the criminalization of feminicidio was achieved through

a successful naming and shaming campaign led by local feminist activists, with the involvement

of federal legislators (Garcia-Del Moral 2018). Others argue that feminicidio expands its scope

beyond the act of killing women to emphasize the state's role in perpetuating violence against

women and its failure to ensure accountability (Fregoso and Bejarano 2009; Lagarde 2006). In

this context, Lagarde explains that feminicide has emerged as a more precise rendition of Diana

Russell's original concept of femicide, thereby distinguishing it from previous associations with

homicides committed by women (Lagarde 2006). This distinction is achieved by adapting the

Spanish translation of femicide (femicidio) to feminicide (feminicidio), thereby aligning it more

closely with feminist political theory and the theory of gender-based violence (Lagarde 2006,

217). She further suggests that while femicide may encompass the killing of women without a

specific motive, feminicide encompasses the gender-based motivations and societal factors

underlying these deaths (Lagarde 2006). Building on this perspective, Toledo Vasquez (2009)

suggests that femicidio primarily originates from the social sciences, while feminicidio is

predominantly utilized within legal contexts. Moreover, feminicidio presents a broader

conceptual framework compared to Russell's sociological formulation of femicidio, as it

encompasses a spectrum of criminal behaviors that may not inevitably result in the woman's

death but inflict significant harm upon her physical, psychological, or sexual well-being (Toledo

Vasquez 2009, 25).

However, it is essential to note that international organizations like the World Health

Organization (WHO) in 2012 and the Committee of Experts of The Follow-up Mechanism to the

Belém do Pará Convention (MESECVI) of the Organization of American States in 2018, have

emphasized that the terms “femicide” and “feminicide” are not inherently different. Instead, any

apparent distinctions between them are primarily attributed to linguistic nuances arising from

translation between Spanish and English. This recognition underscores the need to approach

these terms with sensitivity to their cultural and linguistic contexts, as they ultimately refer to the

same phenomenon of gender-based violent killings.

According to MESECVI, the definition of femicide extends beyond its sociological

formulation by Russell as “the violent killing of women because of gender, whether it occurs

within the family, domestic unit, or any interpersonal relationship, within the community, by any

individual, or when committed or tolerated by the State or its agents, either by act or omission”

(Declaration on Femicide 2008). This definition aims to encompass the various contexts and

actors involved in femicide, promoting a comprehensive understanding of this gender-based

crime and facilitating more effective measures to combat it.

After examining the different definitions and subtleties of femicide, the next section

delves into the complex factors identified in the literature as contributors to the occurrence of

femicide in Latin America. Femicide in this region is not solely determined by one's gender but

also by deviations from traditional gender roles (Manzano 2018). Women often face punishment

when they fail to adhere to prescribed social norms associated with femininity (Manzano 2018,

178). Misogyny, machismo, and gender bias significantly contribute to femicide, particularly

noted in Guatemala (GHRC 2015). Machismo, an aggressive masculine pride that emphasizes

male dominance, reinforces gender inequalities that often lead to violence against women

(Prieto-Carrón et al., 2007). Additionally, Grana (2001) links domestic femicide to poverty, a

viewpoint supported by other scholars who argue that femicide is more prevalent among poor

migrant women (Meneghel and Hirakata 2011; Prieto-Carrón et al. 2007).

In addition to poverty as the primary predictor for femicide, reports from Special

Rapporteurs and the literature posit that organized crime, drug trafficking, and human trafficking

escalate the risks of femicide in Latin American countries (Deus and Gonzalez 2018; Meneghel

et al. 2013). Moreover, it is frequently perpetrated against sexually exploited women, young

black women, and in drug-dominated neighborhoods (Meneghel et al. 2013). However, femicide

is influenced not only by social factors but also by cultural, economic, and political elements

(Palma-Solis et al. 2008).

3. External factors contributing to femicide

Despite the implementation of comprehensive legislation and national plans aimed at

protecting and empowering women in Latin America, following the adoption of the Declaration

on Femicide in 2008, femicide rates not only failed to decrease but, in some cases, increased

from 2018 to 2022. Scholars attribute this complex and troubling trend to variations in national

regulations, levels of impunity, and progress in gender equality (Saccomano 2018). While the

criminalization of femicide is an important step, it alone is insufficient to decrease the rate of

femicide (Bay 2021). A comprehensive approach that considers multiple significant factors is

needed. Poverty, exacerbated by socio-economic disparities, fosters an environment where

gender-based violence thrives (Grana 2001, 428).

Additionally, organized crime, drug trafficking, and human trafficking exacerbate

risks for women, often involving violence and exploitation (Meneghel et al. 2013). The existing

body of literature extensively delves into the multifaceted role of socio-economic factors in

perpetuating femicide (Manzano 2018; Palma-Solis et al. 2008). However, a notable gap exists in

scholarly inquiry that delves into and elucidates the persistent occurrence of femicide through the

lens of gender-related factors. Within this discourse, three fundamental elements emerge as

critical drivers of femicide within the Latin American context: gender inequality within

decisionmaking institutions, the pervasive prevalence of gender stereotyping, and the presence of

statelevel patriarchy.

In Central and South America, gender stereotyping and state-level patriarchy

significantly contribute to femicide. Moreover, the underrepresentation of women in positions of

power limits their influence on policies addressing femicide (Saccomano 2017). Gender

stereotyping, characterized by the assignment of predetermined roles and characteristics based on

gender, perpetuates inequalities (UNHRC 2014), while state-level patriarchy, evidenced by

unequal laws and limited female representation in power, reinforces gender inequality (Connell

1990). These intertwined factors devalue women, contributing to a culture where their lives are

deemed less significant than men's. Consequently, women are left vulnerable to violence,

presenting a salient and pressing 21st-century security concern in the region. These intertwined

factors necessitate a deeper exploration as they contribute to the perpetuation of femicide.

Therefore, this dissertation aims to illuminate the complex dynamics underlying the perpetuation

of femicide due to gender-related factors within the Latin American context.

Chapter III

METHODOLOGY

This chapter outlines the methodological framework utilized in this dissertation, detailing

the data collection process, methods utilized, and analytical techniques employed upon the

primary source data collected. By employing a sequential mixed-methods approach, this

dissertation addresses the research question: To what extent do gender stereotyping and statelevel

patriarchy contribute to the persistence of femicide as a regional security risk in Central and

South America?

The initial phase of the analysis was quantitative, focusing on a detailed statistical

examination of femicide rates and gender inequality indicators across South and Central

America. For this purpose, I used existing data from primary reputable sources, such as the

United Nations Economic Commission for Latin America and the Caribbean (ECLAC or

CEPAL in Spanish), the United Nations Development Programme (UNDP), and the World

Economic Forum. This quantitative stage entailed a deep dive into official databases and reports,

applying descriptive analysis to navigate vast datasets. Specifically, I relied on the

comprehensive datasets on femicide rates provided by CEPAL and on gender equality indices

from the UNDP's Gender Inequality Index (GII) and the World Economic Forum's Global

Gender Gap Index (GGGI). To manage and interpret this extensive data, I employed descriptive

statistical analysis techniques. This approach allowed me to refine and format the dataset into a

more interpretable form, particularly focusing on the most recent five-year period from 2018 to

2022. My analysis was concentrated on 15 selected countries in South and Central America that

were particularly relevant to the objectives of my dissertation. This process was instrumental in

uncovering the prevalence and distribution of femicide and gender inequality within the region.

To further enhance the depth of the analysis, I incorporated a bivariate Pearson Correlation

analysis using the Statistical Package for the Social Sciences (SPSS). This step was crucial to

examining the relationship between femicide rates and measures of gender inequality.

Transitioning into the second stage of my dissertation, I employed a qualitative analysis

to explore the legislative frameworks addressing femicide in South and Central America. This

qualitative examination incorporated content analysis and case studies to scrutinize the legal

frameworks and societal responses to femicide within these nations. My analysis explored the

legislative landscape surrounding femicide and feminicide across 16 countries in South and

Central America, structured into three methodical phases to thoroughly understand the

complexity of the legislation. Initially, I cataloged and compared all national laws related to

femicide using Excel, detailing articles and terminologies that criminalize femicide/feminicide in

each country. Subsequently, I delved deeper into the legislative nuances, examining the scope of

these laws and the distinctions between 'femicide' and 'feminicide.'

The final phase of the research concentrated on analyzing the diverse motives that define

certain acts as femicide or feminicide. This phase included individual case studies to explore the

specific factors contributing to femicide in different regional contexts. The methodologies

employed in this dissertation are visually summarized in the graphic below, which illustrates how

each method contributes to a comprehensive understanding of the issue at hand:

Through this multifaceted approach, I aimed to unearth the extent to which gender

stereotyping and state-level patriarchy contribute to the persistence of femicide. By integrating

quantitative and qualitative methodologies, my dissertation presents a holistic view of the

femicide landscape across Central and South America. This mixed-method approach enabled an

in-depth examination of the intricate relationships between gender-based violence, legislative

responses, and societal constructs. It not only enhanced the understanding of femicide's scope

and significance as a regional security issue but also shed light on the effectiveness of existing

interventions and identified opportunities for policy development and reform.

1. Statistical Analysis

The statistical analysis conducted in this dissertation scrutinizes femicide rates and

gender inequality across Latin America, utilizing a descriptive statistical approach. A significant

challenge I encountered was the lack of sex-disaggregated data that accurately separates femicide

from other forms of homicide, coupled with the overall absence of detailed information. This

issue was intensified by the difficulties many Latin American countries face in documenting and

disseminating official statistics on these critical issues (Gargiulo 2022). Therefore, I did not

attempt to gather new data for my dissertation. Instead, I relied on an existing dataset aggregated

by the United Nations Economic Commission for Latin America and the Caribbean (ECLAC or

CEPAL in Spanish). CEPAL's data collection methodology incorporates annual updates from the

national machinery for the advancement of women (MAW), which gathers information from

judicial institutions, national police forces, and other pertinent authorities within each country,

ensuring the data’s accuracy and relevance.

I adopted a focused approach to managing the broad scope of CEPAL's dataset, which

encompasses data from 32 countries across Latin America and the Caribbean covering the years

2013 to 2022. To make this vast amount of data more manageable and interpretable, I employed

descriptive statistical analysis, particularly concentrating on the most recent five-year period

from 2018 to 2022). My analysis also focused only on 15 countries in South and Central

America that were especially pertinent to my research objectives: Argentina, Bolivia, Brazil,

Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama,

Paraguay, Peru, and Uruguay.

The core of my investigation revolved around extracting and compiling data on femicide

rates, which served as the primary dependent variable. Concurrently, I assessed gender inequality

as an independent variable using two indicators to gauge its influence on and relationship to

femicide rates: UNDP's Gender Inequality Index (GII) and the World Economic Forum's Global

Gender Gap Index (GGGI). To clearly understand how femicide rates correlate with gender

inequality, I conducted a bivariate Pearson Correlation analysis using the Statistical Package for

the Social Sciences (SPSS).

§1. Dependent variable - Femicide rate

The focal point of my analysis was the femicide rate, identified as the number of

gendermotivated killings of women and girls per 100,000 female population. For this, I utilized

data from the United Nations Economic Commission for Latin America and the Caribbean

(CEPAL), which included two main indicators: the femicide rates per 100,000 female population

and the total absolute number of femicides. This vital information, however, was presented in a

complex graphical format on CEPAL’s website, spanning data from 32 countries from 2013 to

2022. Given the extensive scope of CEPAL's dataset and the specific focus of my dissertation on

South and Central America, I employed descriptive statistical analysis to sift through and refine

the large volume of data. This step was crucial for extracting and focusing on the relevant data

for the 15 countries of interest, thus simplifying the dataset into a more manageable and

interpretable format that aligned with my dissertation’s objectives.

To organize and analyze this extensive dataset, I utilized Microsoft Excel, leveraging its

robust data management and visualization capabilities. My first step involved extracting femicide

rates and absolute numbers of femicides from CEPAL's graphical presentations. I focused

specifically on data from the years 2018 to 2022 for each selected country to ensure that my

analysis reflected the most current trends and patterns. Within Excel, I then categorized the data

under “Absolute Number of Femicides for 2022” and “Femicide Rate per 100,000 for

2022.” This structured approach facilitated straightforward comparisons of femicide incidents

and rates across the studied countries, offering a cohesive, comparative perspective of the

situation in the region. By emphasizing the most recent data, my dissertation not only offered a

current snapshot of femicide in South and Central America but also laid the groundwork for

exploring the connections between femicide rates and gender inequality.

Furthermore, my analysis expanded to include a longitudinal perspective, tracing the

evolution of femicide from 2018 through 2022 for each of the countries studied. This

comprehensive approach was vital for identifying trends, such as changes in femicide rates over

the years, and was essential for understanding the broader dynamics of gender-based violence in

these regions. To deepen my analysis, I utilized Excel’s data visualization features to create

illustrative charts for each country. These charts referred to as Figures 2-16 in Appendix 1, depict

the trends and patterns in femicide numbers over the years. This approach simplified the process

of identifying significant shifts in the data, thereby enhancing the overall clarity, and

understanding of the dissertation’s findings.

§2. Independent variable - Gender inequality

In this dissertation, I explored the hypothesis that increased gender stereotyping and state-

level patriarchy correlate with rising femicide rates in South and Central America. To investigate

this, I utilized a quantitative methodology, employing descriptive statistical analysis to examine

gender inequality as an independent variable. I analyzed gender stereotyping and state-level

patriarchy using established gender inequality indicators provided by the Gender Inequality

Index (GII) from the United Nations Development Programme (UNDP) and the Global Gender

Gap Index (GGGI) from the World Economic Forum. These indices cover key dimensions of

gender inequality, including political empowerment, educational attainment, and economic

participation, offering a comprehensive view of the issue.

I ensured methodological consistency by analyzing the same set of countries previously

examined for femicide rates. This unified and comparative approach allowed for a nuanced

exploration into the potential correlation between regional variations in gender inequality and

femicide rates, highlighting the most current data available from 2022.

First analyzed was the data from the Gender Inequality Index (GII) for 2022. Updated

annually by the United Nations Development Programme (UNDP), the GII features a complex

chart detailing over 200 countries and territories worldwide. The GII calculation uses an

association-sensitive inequality measure derived from the general mean of the geometric mean

across different dimensions for each gender, which are then merged using a harmonic mean to

capture the disparities between genders (Seth 2009).

I started by sifting through the global GII dataset provided by the UNDP. My objective

was to identify and extract data pertinent to the 15 selected Latin American countries. This was a

crucial step to ensure that the analysis would focus solely on regions relevant to my dissertation’s

geographical scope. Once the pertinent data was extracted, I moved to systematically organize it

within an Excel spreadsheet. Here, I displayed the average GII score for each of the 15 countries.

I initially retained specific categories such as maternal mortality ratio, adolescent birth rate, the

share of seats in parliament, population with at least some secondary education, and labor force

participation rate. To ensure a structured and comparative approach, I reorganized these specific

indicators into broader thematic categories that align with those used by CEPAL for analyzing

femicide rates. Specifically, I grouped the maternal mortality ratio and adolescent birth rate of

the GII dataset under 'Reproductive Health', the share of seats in parliament and the population

with at least some secondary education under 'Empowerment', and the labor force participation

rate under 'Economic Status'. This recategorization allowed me to compare and analyze the

dimensions of gender inequality each country faced more effectively. For clarity and ease of

interpretation in my Excel dataset, I applied color coding: light gray for the overall GII values,

light yellow for reproductive health, light blue for empowerment, and light green for economic

status indicators (Appendix 2, Figure 1). This visual distinction facilitated a clearer

understanding of the distribution and impact of these indicators across the countries studied.

For the Global Gender Gap Index (GGGI), I sourced data from the 2023 Global Gender

Gap Report by the World Economic Forum (WEF 2023), which provides a comprehensive

assessment of gender equality in 146 for the year 2022. This report evaluates countries across

dimensions of gender equality: Economic Participation and Opportunity, Educational

Attainment, Health and Survival, and Political Empowerment.

The PDF of the Global Gender Gap Report posed a significant challenge for data

extraction needed for my dissertation. I had to carefully review the document to locate and

extract details relevant to the 15 South and Central American countries I was focusing on. The

task was particularly strenuous because the report divided the data into separate tables, each

presenting overall country rankings, average scores, and intricate breakdowns of the subindexes.

After pinpointing the relevant data, I manually transcribed the information for each of the

15 countries from the PDF into an Excel spreadsheet, as outlined in Appendix 2, Figure 2. This

step was pivotal, primarily because it allowed me to convert the static PDF content into a

dynamic format amenable to manipulation and analysis. In the spreadsheet, I then organized the

data into categories — Rank, Country, Score, Economic Participation and Opportunity,

Educational Attainment, Political Empowerment, and Health and Survival. This organization of

the data was not just about visual simplicity; it was essential for conducting a detailed

comparative analysis between the countries. It provided the framework necessary for a deeper

and more nuanced understanding of the various impacts and trends of gender inequality within

the region.

§3. Correlation Analysis

For this dissertation, I carried out an investigation to explore the potential link between

gender inequality and femicide rates across Latin American countries. This involved a two-stage

analysis process, beginning with a descriptive analysis of country-specific data, followed by a

correlational analysis using both the Gender Inequality Index (GII) and the Global Gender Gap

Index (GGGI).

For the descriptive part, I reviewed and organized the 2022 data for femicide rates

alongside the GII and GGGI indicators for each country within an Excel spreadsheet. This

methodical organization, detailed in Appendix 2, Figure 3, was fundamental to my analytical

process, as it clarified variable categorization and set the stage for more in-depth statistical

procedures.

Since descriptive analysis alone does not support hypothesis testing or conclusive

inferences, I advanced my statistical analysis to a correlational analysis. My objective was to

ascertain whether increases in gender stereotypes and systemic patriarchy, as measured by

gender equality indicators, correlated with femicide rates in the region. To this end, I utilized the

Statistical Package for the Social Sciences (SPSS) to perform a bivariate Pearson Correlation

analysis. This stage, encapsulated in Appendix 2, Figures 4-7, entailed inputting the specific data

on femicide rates and matching them with their corresponding GII and GGGI scores for each

country.

The relationship between femicide rates and gender inequality indicators was measured

by calculating correlation coefficients using SPSS. These numerical values show the strength and

direction of the association. I supplemented this numerical analysis with scatter plots to visualize

the data trends and the potential link between femicide rates and the two indicators of gender

inequality.

2. Content Analysis

In addressing the complexity of femicide and feminicide within Central and South

America, I undertook a detailed qualitative content analysis to understand the legislative

frameworks aimed at combating these crimes. I structured the content analysis into three

methodical phases to identify laws, explore their scope, and understand the different legislative

nuances in addressing femicide and feminicide across the specified regions. My analysis began

with a broad scope, employing a predetermined set of concepts to identify and document the

relevant laws systematically, their enactment years, and legislative particulars across 16

countries, leveraging resources like the CEPAL that contains a database of women’s violence

laws across Latin America (“Leyes de Violencia,” 2024). This foundational stage facilitated a

structured comparison, where I used Excel to articulate a country-by-country breakdown,

detailing the specific articles, laws criminalizing femicide/feminicide, and the terminological

distinctions between 'femicide' and 'feminicide' within national legislation.

My primary focus was on coding the presence of specific laws, provisions, and

terminologies to unravel the nuanced legal landscape, preferring this method over frequency

analysis to underscore the distinct legal frameworks and measures enacted across these nations.

In my research, recognizing the need for more nuanced insights, I broadened the scope of

analysis beyond predefined categories. I introduced new classifications, drawing on the work of

Deus and Gonzalez (2018) distributed by MESECVI, to capture the complex legislative

strategies and motivations behind legal definitions in various countries. Using Excel, I compiled

legislation and systematically organized it into comparative tables and figures. This structured

approach allowed me to conduct a thorough exploration of how femicide and feminicide are

legislatively addressed across Central and South America.

Phase 1: Identifying Legislation Criminalizing Femicide/Feminicide

In the first phase of my content analysis, I gathered and cataloged legislation pertaining to

femicide and feminicide across sixteen countries: Argentina, Bolivia, Brazil, Chile, Colombia,

Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru,

Uruguay, and Venezuela. My analysis included a thorough review of resources from the Gender

Equality Observatory for Latin America and the Caribbean, national government websites, and

reports from international organizations like UN Women and the Inter-American Commission of

Women. My aim was to map out each country's legislative measures against femicide and

feminicide, including the years of enactment and specific articles. I then organized this data into

a comparative table, showcased in Appendix 3, Figure 1 of my dissertation. This table provided a

clear foundational comparison, highlighting the variance in legal frameworks and the unique

legal frameworks employed by each country in the region to combat these heinous crimes.

Phase 2: Legal Framework Examination

In the second phase of my analysis, I delved into the complexities of the legal

frameworks addressing femicide and feminicide legislation across the studied countries. My aim

was to dissect how these laws are structured, their comprehensive nature, and how they integrate

into national criminal justice systems. I was particularly interested in determining if the countries

had dedicated, stand-alone laws addressing femicide/feminicide or if these crimes were absorbed

into broader penal codes. Moreover, I explored the specific legal terminologies—'femicide' and

'feminicide'—to understand how different countries recognize and categorize these crimes

legally. My investigation uncovered a range of legislative strategies. Some countries had enacted

specific stand-alone laws recognizing its specificity, while others had integrated responses to

these offenses within existing criminal codes. This phase shed light on the diverse terminologies

and strategies used across the region, adding layers of complexity to the legislative landscape.

The findings of this phase, detailed in Appendix 3, Figures 2-3, illustrate the variation in

legislative responses to tackling femicide and feminicide, contributing to a deeper understanding

of each country's legal measures against these severe crimes.

Phase 3: Motives and Factors Consideration

The final phase of my content analysis focused on the different motivations and factors

that led countries to classify certain acts as femicide or feminicide. This phase was vital for

understanding beyond the actual text of the law to grasp the underlying motives and the specific

situations addressed by legal definitions. I thoroughly reviewed legislation from the selected

countries to pinpoint the essential motives and factors shaping their legal interpretations of

femicide and feminicide. My review spanned a wide range of factors, encompassing misogyny,

gender-based hate, unequal power relations, gender-based discrimination, and the dynamics of

the victim-perpetrator relationship, such as situations involving cohabitating partners and family

members. I also looked at instances that illustrated exploitation of vulnerability, the effects of

such crimes on children, and instances involving pregnant or post-partum women.

Findings from this comprehensive investigation were encapsulated in a table, informed

by the research of Deus and Gonzalez (2018). This table proved invaluable as a tool for

comparison, enabling me to identify and contrast the specific motives and factors that shape the

legal definitions of femicide and feminicide across different countries. It revealed, for example,

the countries that identify misogyny or gender-based hate as factors, the influence of the

victimperpetrator relationship on legal classification, and the consideration of additional

circumstances like the presence of children or prior violence. This methodical approach provided

me with a detailed perspective on the legal landscapes regarding femicide and feminicide across

the studied countries, significantly enriching my understanding of the legislative response to

femicide and feminicide in the region.

3. Case Study Analysis

The methodological approach of my dissertation also included a structured, qualitative

case study analysis focused on a distinct factor considered by each country in legally defining an

act as femicide/feminicide. These factors include Misogyny, Unequal Power Relationships,

Human Trafficking, and Femicide as a Weapon of War. Each chapter (from Chapter VI to IX) is

dedicated to one of these factors, examining how different South and Central American countries

address and integrate these issues within their legislative frameworks. This approach enabled me

to do an in-depth examination of each factor as its own case study, providing a detailed analysis

of how these factors are recognized and legislated across various countries. For each case study, I

explored whether and how the countries include these factors in their legal definitions of

femicide and feminicide, highlighting the variations and commonalities in legislative approaches.

By structuring the analysis as separate case studies for each factor, I aim to provide a granular

look at the multifaceted nature of femicide legislation. This approach not only enhances

understanding of how individual factors contribute to legal definitions and societal perceptions

but also allows for a comparative analysis that reveals broader trends and insights.

1. Misogyny as a Legal Factor: The selection of this case study stemmed from its

distinctive legal acknowledgment in the legislation of 10 of the 16 countries reviewed.

These nations uniquely categorize femicide as a crime that originates from gender-based

hatred and misogyny, marking a critical legislative differentiation from general homicide

by emphasizing the gender motive. The motivation behind this case study also included

an anticipation of uncovering the complex dynamics between misogyny, gender

stereotypes, and transphobic femicide. Exploring these relationships was aimed at

answering the research question and understanding how legal systems address these

intertwined factors and their role in fueling gender-based violence. Moreover, an

examination of machismo and its connection to misogyny within Latin American cultures

was integral to this case study. This inquiry was driven by a desire to grasp the cultural

underpinnings that perpetuate gender-based oppression and impact women's safety and

societal dynamics.

2. Exploring Unequal Power Relationships: The exploration of this factor was driven by

the objective of examining the recognition and incorporation of gender power imbalances

within femicide/feminicide legislation across Latin America. This investigation aimed to

uncover the range of legal responses to these imbalances, highlighting the intricate

challenges they present in addressing gender-based violence. By focusing on this factor,

the study anticipated shedding light on the varied legal strategies employed by different

countries, emphasizing the complex nature of crafting effective legal frameworks against

the backdrop of deeply ingrained gender dynamics.

3. Human Trafficking's Intersection with Femicide: The investigation into this factor was

initiated to understand why, despite the significant implications of their interplay, only

two countries out of the 16 analyzed—Bolivia and Peru—have adopted specific

legislation acknowledging this critical relationship. This focus aimed to explore the

legislative landscape surrounding this issue, probing into the reasons behind the limited

legal recognition of the connection between human trafficking and increased femicide

risks. The inclusion of this case study was driven by a desire to highlight the gaps in legal

frameworks across the region and to examine the factors contributing to Bolivia and

Peru's unique stance. This analysis also sought to underscore the influence of advocacy

groups and women’s rights organizations in achieving these legislative milestones,

recognizing their essential role in elevating the issue within public discourse and legal

reform agendas.

4. Femicide as a Weapon of War: The exploration of Femicide as a Weapon of War was

chosen explicitly due to Colombia's unique legal approach, where femicide is officially

recognized as a strategy within armed conflict. This distinct legal definition in Colombia

offers a crucial case study for investigating how femicide is utilized as a tool of warfare,

particularly focusing on how Colombia's legislation uniquely frames femicide as an act of

terror and suppression. The decision to examine this aspect was driven by a desire to

uncover the underlying reasons and consequences of Colombia's specific legal

classification of femicide, distinguishing it from the approaches taken by other countries

in the region.

For these case studies, I collected and analyzed data from the designated 16 countries

across South and Central America. This process entailed an exhaustive examination of legal

texts, scholarly articles, and reports from key international entities, particularly on data sourced

from the Gender Equality Observatory for Latin America and the Caribbean's Repository of

Violence Laws, alongside comprehensive analyses from UN Women/MESECVI. I organized and

presented the gathered information in Appendix 3, Figure 4. Key findings, which are examined

further in Chapters VI to IX, reveal significant disparities in how nations address misogyny,

gender power imbalances, and human trafficking as contributing factors to femicide.

Chapter IV

FEMICIDE RATES AND GENDER EQUALITY ACROSS

CENTRAL AND SOUTH AMERICAN COUNTRIES

This chapter explores the connections between gender inequality and femicide rates

across Central and South America. While initial hypotheses suggested a straightforward

correlation whereby higher levels of gender inequality would correspond to increased femicide

rates, the findings reveal a more complex scenario. This complexity is reflected in the varying

impact of deeply ingrained societal norms and structural inequalities on femicide rates across

different nations. The analysis conducted here utilizes a comprehensive and quantitative

approach to delve into the dynamics of gender stereotyping and state-level patriarchy, providing

new insights into their correlation with femicide rates.

In this analysis, I examined femicide rates using primary sources from both governmental

and intergovernmental institutions. This approach not only highlights the widespread prevalence

and severe consequences of gender-based violence in Central and South America but also

demonstrates the profound impact of gender inequality on societal norms and structural

inequities.

To further dissect the multifaceted nature of gender inequality, I analyzed two widely

recognized measures: the Gender Inequality Index (GII) and the Global Gender Gap Index

(GGGI). The GII, published annually by the United Nations Development Programme (UNDP),

measures disparities between men and women across three key dimensions: reproductive health,

empowerment, and the labor market. This index, used globally, draws on internationally

recognized data, supporting its credibility in assessing and comparing gender inequality across

countries. The World Economic Forum generated the GGGI, which provides insights into

gender-based disparities in economic participation, educational attainment, health and survival,

and political empowerment. It is recognized for its thorough methodology and use of a wide

range of global data, making it a fundamental tool for evaluating and understanding gender

equality worldwide. These indices provided invaluable insights into the disparities between men

and women across various dimensions of human development, including health, empowerment,

and participation in the labor market. My assessment of these indices unraveled the connection

between gender inequality and femicide rates within Central and South American communities.

This exploration revealed that while gender disparities appear to influence the alarmingly high

rates of femicide observed throughout the region, the relationship between gender equality and

femicide rates is not statistically significant. This indicates that, based on the data analyzed, we

cannot definitively assert that changes in gender equality metrics alone directly influence

femicide rates.

Through this analytical lens, I undertook a critical exploration of the nexus between

gender stereotyping, patriarchal societal structures, and the perpetuation of femicide within these

16 countries. This examination proved pivotal in understanding the broader socio-political and

economic contexts that foster an environment in which femicide not only occurs but, in many

instances, flourishes. By delving into these quantitative measures and indicators, the chapter

seeks to provide a nuanced understanding of the challenges and complexities that underpin

gender-based violence in Central and South America, paving the way for informed discussions

and potential policy interventions aimed at reducing femicide and advancing gender equality.

1. Femicide rate

This section delves into the statistical landscape of femicide within Central and South

America, focusing on data-driven insights that illuminate the incidence and trends of this grave

violation of women's rights across the region. Femicide, defined as the gender-motivated killing

of women and girls, presents a critical challenge in these societies, with varying rates reflecting

the complexity and severity of the issue in different countries. My analysis from 2018 to 2022

offers an extensive overview of femicide, accentuating general trends and the distinct situations

prevailing in individual countries.

From 2018 to 2022, the frequency of femicide or feminicide has remained relatively

stable in twelve countries: Uruguay, Colombia, Nicaragua, Peru, Brazil, Ecuador, Panama, Costa

Rica, Chile, Mexico, and Argentina. Nevertheless, during the same period, Brazil and Honduras

have seen a significant increase in femicide cases, signaling a worrisome trend in these countries.

The data compiled in Appendix 1 details the number of femicides per 100,000 female population

for each nation in South and Central America.

Drawing from data from the United Nations Economic Commission for Latin America

and the Caribbean (ECLAC or, in Spanish, CEPAL), I conducted a detailed exploration of

femicide rates, identifying countries with alarmingly high occurrences as well as those showing

lower incidence rates. The COVID-19 pandemic exacerbated the issue, spotlighting violence

against women as a 'shadow pandemic' and highlighting the imperative need for enhanced

vigilance and targeted interventions to combat such violence (UN Women 2021). By

contextualizing this data against the backdrop of regional disparities and challenges, my

objective is to illuminate the extent of femicide in Central and South America, emphasizing the

critical need for concerted efforts to tackle this pressing issue.

The year 2022 marked a grim milestone in the fight against gender-based violence, with

the Economic Commission for Latin America and the Caribbean (ECLAC) reporting over 4,050

femicide and feminicide victims across 26 countries (CEPAL 2023). The increase in femicide

and feminicide cases in Latin America and the Caribbean, from 2,795 in 2017 to a peak of 4,473

in 2021, before slightly decreasing to 4,050 in 2022, can be attributed mainly to the exacerbating

impact of the COVID-19 pandemic. The pandemic not only intensified existing domestic

tensions and economic stresses but also restricted movement and access to support services,

significantly impacting women's safety and exacerbating gender-based violence (OAS/CIM

2020). In 2022, according to the Gender Equality Observatory for Latin America and the

Caribbean, Honduras recorded the highest femicide rates at 6.0 per 100,000 women, marking a

significant increase from 4.6 in 2021 and 4.7 in 2020 (ECLAC 2022). In contrast, rates below

one victim per 100,000 women—indicative of lower incidence levels—were observed in

Colombia, Costa Rica, Nicaragua, and Chile, underscoring significant regional differences in

femicide prevalence (see Figure 1 in Appendix 1).

Further analysis highlights that El Salvador, Honduras, Guatemala, and Brazil

consistently appear as the countries with the highest femicide rates per capita within Latin

America in 2022 (Appendix 1 - Figure 1). Specifically, Honduras reported the gravest rate in

Latin American nations in 2022—a figure that places it at the epicenter of femicide cases in

Central America (ECLAC 2022). Conversely, Chile showcased one of the region's lowest rates,

at 0.4 victims per 100,000 women, reflecting the diverse incidence rates across countries

(ECLAC 2022).

Brazil's situation is particularly alarming, with the country reporting the highest absolute

number of femicide cases in the region in 2022 (Appendix 1 - Figure 1). Over 1,437 women

were reported as victims of gender-based violence in 2022 alone, marking Brazil as a focal point

for addressing femicide in Latin America (ECLAC, 2022). Following closely, Mexico registered

the second-highest number of femicides, with 976 cases reported in 2022, highlighting the

widespread issue of gender-based violence across the continent (ECLAC, 2022).

In contrast, while femicide and gender-based violence exist on every continent, European

countries such as Germany and France reported significantly fewer femicide cases, with 147 and

121 instances, respectively, during comparable periods, according to Statista (2019). This sharp

disparity underscores the unique and severe challenge that femicide poses to Latin America,

highlighting the region’s distinct struggle within a broader global context. The increase in

femicide rates in Latin America contrasted with a global trend of decreasing or stagnation in

gender-based violence, calls for a deeper investigation and understanding by both academic

researchers and policymakers.

But the ramifications of femicide extend well beyond the immediate tragedy of lost lives,

profoundly affecting families and communities. The staggering number of women victimized by

femicide in Latin America in 2022 not only underscores a dire human rights crisis but also leaves

over 400 children and dependents without their primary caregivers (ECLAC, “In 2022, at Least

4,050 Women Were Victims of Femicide in Latin America and the Caribbean”). This loss points

to the deep societal disruptions caused by such violence and the urgent need to address femicide

as a serious women's security issue in the region.

The analysis of femicide rates thus highlights the critical impact of these crimes on the

societal fabric, emphasizing the importance of a holistic approach to addressing the aftermath of

femicide. While some nations have initiated reparation programs for the victims' families, a

collective and robust regional response remains essential. Addressing femicide in Latin America

calls for a concerted effort to dismantle the underlying patriarchal norms and gender stereotypes

fueling this violence. Developing and enforcing comprehensive legal frameworks, targeted

support systems, and educational initiatives are paramount in ensuring justice for victims and

preventing future atrocities.

Ultimately, the fight against femicide in Latin America transcends individual incidents of

violence, challenging us to confront the systemic conditions that encourage such crimes.

Committing to structural changes and fostering a culture of respect, equality, and empowerment

is crucial in achieving a region where women can live free from the threat of gender-based

violence. This chapter, therefore, calls for continued exploration, dialogue, and action, urging

stakeholders at all levels to recommit protecting and promoting women's rights across Central

and South America.

2. Gender Inequality

In this subchapter, I explore the hypothesis that a rise in gender stereotyping and

statelevel patriarchy is closely correlated with an increase in femicide rates within South and

Central America. To thoroughly explore this hypothesis, I employ a quantitative approach, using

indicators of gender inequality. Specifically, I analyze gender stereotyping and state-level

patriarchy using established gender inequality indicators provided by the Gender Inequality

Index (GII) from the United Nations Development Programme (UNDP) and the Global Gender

Gap Index (GGGI) from the World Economic Forum. These indices utilize three key indicators

—political empowerment, educational attainment, and economic participation—to

comprehensively view gender inequality. By quantifying these dimensions, the indices highlight

the multifaceted nature of gender disparities and illustrate how these factors contribute to societal

and systemic inequalities women face.

The Rationale for Using Gender Inequality as a Measure

Gender inequality provides a broad lens to examine various forms of discrimination

against women, encapsulating both gender stereotyping and state-level patriarchy. These facets

are critical to understanding the dynamics of gender-based disparities contributing to femicide.

Gender stereotyping, as defined by the United Nations Human Rights Council, involves

generalized views or preconceptions about the attributes, characteristics, or roles associated with

genders (UNHRC 2014). This often results in categorizing individuals into predetermined roles

that typically disadvantage women, portraying them as passive or submissive, in contrast to the

dominant or aggressive male stereotype. Such stereotypes not only confine women to domestic

or reproductive roles but also diminish their societal contributions.

Similarly, state-level patriarchy denotes the systemic dominance of men in government

and law enforcement institutions, where men predominantly hold power and decision-making

roles (Connell 1990). This framework of male privilege is reinforced through discriminatory

laws, limited access for women to resources, and their underrepresentation in powerful positions,

further embedding gender inequality. In this sense, Dobash and Dobash (1979) further

underscore the pervasive nature of patriarchal structures, noting how the state enhances these

dynamics by reinforcing the authority and control of men within the family and society. Building

upon them, more recent scholars like Kocabıçak (2023) argue that modern forms of patriarchy

have evolved but continue to hinder gender equality through subtle forms of economic and

political exclusion, demonstrating the enduring impact of these structures in contemporary

society. As a result, the symbiotic relationship between gender stereotyping and state-level

patriarchy creates a conducive environment for femicide in Central and South America. This is

due to the systematic undervaluation of women and the insufficient accountability for acts of

violence against them, establishing a societal norm where femicide is not only tolerated but

enabled.

Given the intricate nature of gender stereotyping and state-level patriarchy, it becomes

essential to adopt quantifiable metrics for assessing their societal impact effectively. Therefore,

in my dissertation, I employ indices such as the Gender Inequality Index (GII), developed by the

United Nations Development Programme, and the Global Gender Gap Index (GGGI), from the

World Economic Forum. These indices provide standardized measurements encapsulating

disparities in political empowerment, educational attainment, and economic participation. Using

these metrics, I can operationalize complex concepts like gender stereotyping and state-level

patriarchy, rendering them empirically measurable and enabling me to do a comparative analysis

across diverse settings. Through statistical analysis, I endeavored to elucidate the degree to

which gender inequality—characterized by entrenched stereotypes and systemic patriarchal

norms—fuels the cycle of femicide in South and Central America. This inquiry was pivotal in

understanding the underlying factors that exacerbate gender-based violence, paving the way for

targeted interventions aimed at dismantling the structural foundations of femicide.

§1. Gender Inequality Index (GII)

The Gender Inequality Index (GII) is a revelatory tool published annually by the United

Nations Development Programme (UNDP), offering insights into gender disparities in human

development. This index is pivotal in understanding inequalities across three fundamental

aspects:

●reproductive health (measured by maternal mortality ratio and adolescent birth rates)

●empowerment (measured by the percentage of parliamentary seats occupied by females

and the percentage of adult females and males aged 25 years and older with at least some

secondary education)

●economic status (measured by labor market participation rates of female and male

populations aged 15 years and older).

Methodology of the Gender Inequality Index (GII)

The GII is computed using an association-sensitive inequality measure (Seth 2009),

involving geometric means across dimensions for each gender and then aggregating these using a

harmonic mean across genders. This method considers the levels of inequality in each dimension

and how these inequalities intersect. This index operates on a scale from 0 to 1, where 0 signifies

no gender disparity, and 1 represents the worst possible scenario of gender inequality in all

measured dimensions. Consequently, a higher GII value indicates greater gender disparities,

suggesting deeper issues of gender stereotyping and patriarchy within a society.

The 2022 GII for Latin America: Scope of Analysis

The GII data for 2022, sourced from the United Nations Development Programme,

highlights disparities within Latin American countries. I analyzed the GII scores to identify the

range within the region, compared the average score of each country in Latin America, and

spotlighted trends and patterns that denote progress or areas of concern. To conduct this analysis,

I accessed the GII data provided by the UNDP, which includes over 200 countries and territories

in a complex graphical format. To navigate this extensive dataset, I employed descriptive

statistical analysis, focusing on extracting relevant data for fifteen specifically selected Latin

American countries. This focused approach was crucial for maintaining the geographical

relevance of my study. Once I extracted the pertinent data, I meticulously organized it into an

Excel spreadsheet (Appendix 2, Figure 1). This allowed for a systematic comparison of the

average GII scores across these countries and facilitated a deeper exploration of specific

indicators such as the maternal mortality ratio, adolescent birth rate, share of seats in parliament,

the proportion of the population with at least some secondary education, and labor force

participation rates.

To enhance clarity and ensure a structured comparative analysis, I re-categorized these

specific indicators into broader thematic areas, aligning them with CEPAL's methodology for

analyzing femicide rates, as detailed in Appendix 2, Figure 1. This categorization grouped the

maternal mortality ratio and adolescent birth rate under 'Reproductive Health'; the share of seats

in parliament and the proportion of the population with some secondary education under

'Empowerment'; and the labor force participation rate under 'Economic Status'. This thematic

structuring was critical for dissecting the complex dimensions of gender inequality that each

country faced.

For visual clarity and to aid in the interpretative process, I employed a color-coding

scheme within the Excel spreadsheet: light gray for overall GII values, light yellow for

reproductive health indicators, light blue for empowerment indicators, and light green for

economic status indicators (Appendix 2, Figure 1). This methodical organization and visual

differentiation streamlined the data analysis process, enhancing the accessibility and

comprehensibility of the complex information. It enabled me to effectively highlight trends,

patterns, and areas requiring attention or indicating progress within the region.

Interpretation of GII Scores

In my analysis of the GII scores for 2022, I discovered a significant disparity in gender

equality across Latin American nations, with scores ranging from Chile at 0.190 to Venezuela at

0.521. Chile’s lower GII score, which signals a closer approach to gender parity, can be partly

attributed to its more comprehensive policies on women’s health, education, and participation in

the workforce. For instance, Chile has implemented policies aimed at reducing teen pregnancy, a

major factor in maternal mortality, which have notably helped improve its GII score (PAHO

2018). Moreover, societal attitudes in Chile have increasingly shifted toward more supportive

views of women's rights and equality, which is reinforced by the active involvement of women in

both the workforce and political arenas (Schild 2023).

In contrast, Venezuela's higher GII score, indicating more pronounced gender inequality,

reflects not only economic instability and political strife but also less effective implementation of

gender-responsive policies. The economic crisis has severely impacted health services and

educational opportunities, disproportionately affecting women and exacerbating existing

inequalities (Doocy et al. 2022). Furthermore, cultural attitudes in Venezuela may still harbor

traditional views that hinder women's empowerment and equality, limiting progress in improving

the GII score (United States Department of State Venezuela 2022).

This wide range, exemplified by Chile and Venezuela, underscores the diverse nature of

gender-based inequalities across Latin America, reflecting how varying societal, political, and

economic conditions and the differential impact of gender-responsive policies shape the region’s

gender landscape.

Analysis of Associated Indicators

-Reproductive Health. I noted a vast range in maternal mortality ratio, from Chile's low

of 15 to Venezuela's high of 259, highlighting the variation in the quality of reproductive

healthcare across the region. Adolescent birth rates are particularly high in several

countries, like Panama (68.5) and Paraguay (69.9), pointing to potential issues related to

education and access to reproductive health services.

-Empowerment. The number of seats in the parliament held by women varies widely,

with some countries like Rwanda approaching parity, while others like Guatemala remain

much lower at 19.4%. The data on educational attainment for women, particularly the

percentage with at least some secondary education, is high in some countries, which I

found indicative of progress in female educational empowerment.

-Economic Status. The contrast in labor force participation rates between genders across

all countries examined could reflect the differing economic opportunities available to

men and women or societal norms regarding gender roles.

The examination of these indicators reveals a complex interplay that underscores the

depth of gender inequality issues in Latin America. The variations in maternal mortality rates and

adolescent birth rates across the region indicate significant disparities in both access to and

quality of reproductive healthcare. These differences are closely linked to levels of education and

the availability of health services. Empowerment metrics, such as the representation of women in

parliament and educational attainment, show that where women are better educated and more

involved in governance, there tends to be greater gender parity. Meanwhile, differences in labor

force participation rates between genders across countries illustrate how economic opportunities

and societal norms about gender roles continue to shape women’s lives. Collectively, these

indicators not only reveal the current state of gender equality but also signal areas where targeted

interventions are necessary to achieve substantive progress. By addressing these key areas

comprehensively, nations can cultivate a society that ensures women have equal opportunities to

prosper economically, participate in governance, and live free from health disparities, thereby

significantly improving their overall human security and stability.

Interpretation of GII Scores in Relation to Femicide Rates

In my analysis of the relationship between the Gender Inequality Index (GII) and

femicide rates across Latin America, I uncovered a multifaceted interplay of factors that shape

gender-based violence in the region. The GII, offering a nuanced view of disparities in health,

empowerment, and economic participation, illuminates the complex dynamics at play.

For 2022, Honduras serves as a striking example with a GII of 0.413. Despite not having

the region’s highest GII, it reports a remarkably high femicide rate of 6 per 100,000 population.

This discrepancy indicates the presence of other specific factors in Honduras that amplify

gender-based violence, which might include but are not limited to legal enforcement, cultural

norms, and the efficacy of protection measures for women.

Conversely, Chile, which has the lowest GII score in the region at 0.190, also reports the

lowest femicide rate of 0.4 per 100,000 population. This correlation supports the hypothesis that

lower gender inequality is associated with fewer instances of violence against women. In

contrast, countries like Brazil, where the GII indicates significant gender inequality, report a high

number of femicides, aligning with the theory that higher gender inequality often coincides with

increased violence against women.

It is also noteworthy to highlight those countries with moderate GII scores, such as

Argentina and Peru, report significant numbers of femicide. This observation suggests that even

moderate levels of gender inequality are associated with substantial gender-based violence,

underscoring the pervasive impact of even slight disparities in shaping societal norms and

behaviors.

Upon reviewing the data collectively, I found that a consistent pattern does not emerge

across all evaluated nations. This indicates that factors possibly external to those measured by

the GII—such as cultural, legal, and economic factors or the implementation of women's rights

—may significantly impact femicide rates.

In analyzing the data, I anticipated finding a direct correlation between higher levels of

gender inequality, as measured by the GII, and increased femicide rates. This hypothesis was

based on the understanding that greater gender disparities in areas such as health, empowerment,

and economic participation would correlate strongly with higher instances of violence against

women. Ideally, countries with lower GII scores, indicating better gender equality, would

demonstrate lower femicide rates, aligning with global trends that suggest improved gender

equality contributes to reduced violence against women. However, the actual findings were more

nuanced and did not consistently support this hypothesis. While some countries like Chile, which

has the lowest GII score in the region, also reported the lowest femicide rates, this was not a

uniform pattern across all nations. For instance, Honduras, despite not having the highest GII in

the region, showed a disproportionately high femicide rate. Similarly, Brazil and Argentina, with

middling GII scores, reported significant numbers of femicides, suggesting that other factors

beyond those captured by the GII play a crucial role in influencing these rates. Therefore, while

the initial prediction anticipated a clear link between gender inequality and femicide rates, the

actual results revealed a more nuanced relationship without a statistically consistent correlation.

These inconsistencies indicate the complexity of the factors at play and suggest that

gender inequality, while a significant indicator, is not the sole determinant of femicide rates. It

points to the influence of other societal elements such as cultural norms, legal enforcement,

economic conditions, and the effectiveness of protection measures for women. For example, the

enforcement of laws protecting women, societal attitudes towards violence, and economic

opportunities available to women may also significantly influence femicide rates, irrespective of

a country's GII score. This complexity requires a multidimensional approach to understanding

and combating femicide, emphasizing the need for comprehensive policies that address not only

gender inequality but also broader societal and cultural dynamics.

Acknowledging this complexity, I evolved my dissertation from a preliminary descriptive

analysis to a more rigorous correlation analysis using SPSS to examine the linear relationship

between GII scores and femicide rates. I utilized data sourced from the UNDP, which ensured a

high level of data integrity and obviated the need for preliminary data screening for missing

values, outliers, and normality. This confidence in the data's quality allowed me to directly apply

Pearson’s correlation coefficient to examine the strength and direction of the linear relationship

between GII scores and femicide rates within the Latin American context.

In my SPSS analysis, I used a bivariate Pearson Correlation to explore the relationship

between femicide rates and Gender Inequality Index (GII) scores among a selection of Latin

American countries. To gain a visual understanding of this relationship, I produced scatter plots

of femicide rates against GII scores are produced (as shown in Appendix 2, Figure 4). This step,

as a preliminary examination, offered a valuable glimpse into possible trends and patterns,

setting the stage for a deeper statistical exploration.

Following this initial visual analysis, I calculated the Pearson correlation coefficient,

resulting in a value of 0.249 when comparing femicide rates to GII scores (illustrated in

Appendix 2, Figure 5). This finding indicates a weak positive linear relationship, suggesting a

tendency for countries with higher GII scores—reflecting greater levels of gender inequality—to

also exhibit slightly elevated femicide rates.

The significance testing accompanying my correlation analysis produced a p-value of

0.372, which exceeds the standard threshold of 0.05 for statistical significance. This outcome

means that the observed weak positive correlation between GII scores and femicide rates does

not achieve statistical significance within the dataset of Latin American countries I analyzed.

Essentially, while there appears to be a trend where higher levels of gender inequality are

associated with increased femicide rates, this pattern lacks statistical significance across the

countries studied.

This finding is particularly instructive because it highlights the complex interplay

between gender inequality and femicide, suggesting that other factors may significantly influence

the occurrence of femicide beyond what is captured by the Gender Inequality Index (GII). This

observation raises important questions about the diverse contextual elements that could affect

femicide rates. For instance, countries with similar GII scores might exhibit drastically different

femicide rates due to variations in legal systems, enforcement of women's protection laws,

societal attitudes towards violence against women, and the availability of support services for

victims. This implies that while gender inequality is an important factor, it must be considered

alongside a broader spectrum of societal and cultural dynamics to fully understand the drivers of

femicide in each country in the region.

Moreover, the lack of statistical significance suggests caution in making broad

generalizations about the relationship between gender inequality and femicide rates based on GII

scores alone. This requires further research to explore other contributing factors, including

socioeconomic conditions, historical violence rates, and cultural norms around gender and

power. Researchers might need to employ more complex models that can incorporate these

variables to better understand what causes femicide.

Additionally, this finding underscores the necessity for interventions tailored to address

specific local conditions contributing to femicide. Policies and programs need to be customized

to match the specific cultural, economic, and legal settings of each country. For instance, in

Chile, the effectiveness of anti-femicide measures can be attributed to the strategic partnership

between civil society organizations and the government. These collaborations have focused on

elevating public awareness and integrating femicide into the national discourse as an extreme

form of violence against women (Larrain et al. 2009). This approach has successfully reduced

femicide rates by making the issue a public priority and ensuring sustained engagement at all

levels of society.

In contrast, in Guatemala, attempts to replicate similar awareness campaigns have

struggled due to different societal norms and a less supportive legal framework. The cultural

acceptance of traditional gender roles and a fragmented law enforcement system have hindered

the impact of these campaigns (Kinzerska-Martinez 2020). This disparity illustrates that without

considering the distinct social, economic, and legal fabrics of each country, policies may fail to

achieve their intended outcomes.

This underscores the importance of crafting multi-sectoral strategies that not only

promote gender equality and reform legal systems but also align closely with the cultural realities

and capacities of each country. Tailoring these strategies to meet specific local challenges is

crucial for effectively combating femicide across diverse societies.

§2. Global Gender Gap Index (GGGI)

The Global Gender Gap Index (GGGI), systematically curated annually by the World

Economic Forum, is a comprehensive gauge for tracking and understanding the breadth of

gender equality worldwide. This index evaluates countries based on their ability to close the

gender gap across four integral dimensions: Economic Participation and Opportunity,

Educational Attainment, Health and Survival, and Political Empowerment. Each of these

dimensions provides a detailed look at different aspects of gender equality, making the GGGI an

essential tool for policymakers and researchers interested in assessing progress towards gender

parity in a systematic and comparative manner. The index is critical for dissecting gender-based

disparities across four integral dimensions:

●Economic Participation and Opportunity: Assessed through disparities in conditions

of employment and job types between men and women.

●Educational Attainment: Evaluated based on access to and achievement in education at

various levels for both genders.

●Health and Survival: Gauged by the differences in life expectancy and health outcomes

between women and men.

●Political Empowerment: Measured by the presence of women in parliament and their

representation in political decision-making roles.

What makes the Global Gender Gap Index (GGGI) unique from the previously discussed

Gender Inequality Index (GII) is its specific focus on the gaps between men and women

rather than the overall levels of resources or outcomes. Unlike the GII, which includes

metrics like maternal mortality and adolescent birth rates that focus on absolute levels of

disadvantage for women in certain areas, the GGGI assesses the relative gaps between

genders in key areas of society and the economy. This distinction is crucial as it allows for a

direct comparison of gender equality irrespective of the country’s level of overall

development.

Examining both the GII and GGGI was important for my research because it provided a

dual perspective on gender inequality. While the GII offered insights into areas where women

are disadvantaged, the GGGI helped me understand where gender gaps persist in terms of

access and opportunities, regardless of the overall resource availability. This comprehensive

view was instrumental in identifying not just the presence of inequality but also the structural

and systemic barriers that prevent women from achieving parity with men. Such a dual

approach enriched the analysis, enabling a more nuanced understanding of how different

facets of gender inequality contribute to femicide rates across Latin America. By leveraging

both indices, I could better discern the multifaceted influences of gender disparity on societal

outcomes, including the critical issue of femicide.

Methodology of the GGGI

The GGGI developed by the World Economic Forum, employs a nuanced approach to

analyze gender equality. This approach calculates the parity score from 0 to 1 for each indicator

by establishing a ratio of the metrics achieved by women relative to those achieved by men. A

parity score of 1 implies full equality, indicating no gender-based gap in the assessed area, while

scores deviating from this mark reflect varying extents of gender inequality, with 0 representing

absolute inequality. Higher disparities in the GGGI could indicate pervasive gender stereotyping

and the entrenchment of patriarchal structures within a society. Each year's index provides an

annual benchmark, allowing for a dynamic cross-country analysis and serving as a testament to

each nation's strides or stagnations toward achieving gender parity.

The 2022 Global Gender Gap Index: Scope of Analysis for Latin America

In my analysis of the 2022 Global Gender Gap Index (GGGI), I evaluated the gender

equality landscape across Latin American countries. This examination began with accessing the

2023 Global Gender Gap Report published by the World Economic Forum, which provides

comprehensive assessments of 146 countries based on their gender equality performance in

2022. The report covers four key dimensions: Economic Participation and Opportunity,

Educational Attainment, Health and Survival, and Political Empowerment.

After downloading the report, I extracted data specifically relevant to 15 South and

Central American countries. This data was methodically organized into an Excel spreadsheet, as

detailed in Appendix 2, Figure 2. The organization of the data into categories such as Rank,

Country, Score, Economic Participation and Opportunity, Educational Attainment, Political

Empowerment, and Health and Survival was crucial. It not only facilitated a structured

comparative analysis but also allowed for a clearer understanding of each country’s standing on a

granular level.

My analysis focused on mapping out the spectrum of gender parity within the region,

benchmarking the collective average against global statistics, and highlighting prevailing trends

that inform areas of significant progress or pressing gender equality challenges. This involved

examining scores that range from 0, representing absolute inequality, to 1, denoting full equality.

Such a detailed examination of the GGGI allowed me to do a critical assessment of Latin

American countries in the broader context of global gender parity. While I conducted a nuanced

analysis of the GGGI to gain deeper insights into gender equality across Latin America, this

examination is not only vital for my research but also might serve as a valuable resource for

policymakers and scholars. By uncovering specific challenges and achievements within each

country, this analysis could inform future research and policy interventions aimed at addressing

gender equality effectively in the region.

Interpretation of GGGI Scores for Latin America

In my analysis of the Global Gender Gap Index (GGGI) scores for 2022, I uncovered a

wide spectrum of gender equality in Latin America, with scores that underscore both the

advancements and challenges in bridging gender disparities. This ranged from Nicaragua,

ranking impressively at 7th globally with a score of 0.810, to Guatemala, positioned at 117th

with a score of 0.664. This disparity highlights the varying levels of success in achieving parity

across the region. Nicaragua’s higher score reflects substantial progress towards gender parity,

particularly noteworthy in its political empowerment and economic participation scores. On the

other hand, Guatemala, with the lowest score among the countries I studied, shows a significant

need for improvement across all areas, especially in political empowerment and economic

participation. This analysis provided me with a clear view of where each country stands in terms

of gender equality from a gender gap perspective, underscoring the successes and pinpointing the

areas where challenges persist.

Analysis of Associated Indicators

In my examination of the Global Gender Gap Index (GGGI) dimensions, I discovered

significant variations across different indicators. I analyzed the specific topics of political

empowerment, economic participation, and educational attainment. To summarize my findings,

political empowerment showed the most variation, with countries like Nicaragua demonstrating

strong female representation in politics, suggesting substantial progress towards gender parity.

Economic participation varied widely, with Ecuador showing relative success in integrating

women into the workforce, contrasting sharply with Guatemala, where substantial barriers still

exist. Educationally, most countries scored high, indicating regional success in gender parity in

education, though minor gaps persist in places like Peru and Bolivia. Below is my more in-depth

analysis of these categories:

●Political Empowerment: When I analyzed the Political Empowerment dimension from

the GGGI, I found significant variance across the region. Nicaragua stood out, leading in

regional ranking, which indicates strong female representation in politics. This

demonstrates substantial progress toward gender parity in political empowerment.

Conversely, Uruguay, despite its lower regional ranking, showed political empowerment

is the area with the most significant potential for improvement, suggesting that it has

foundational structures that could support greater female political involvement if

appropriately leveraged.

●Economic Participation and Opportunity: Here, Ecuador stood out in my analysis with

a score of 0.699, indicating a relatively high level of gender parity in economic

participation within the region. This suggests that Ecuador may have progressive

economic policies that actively promote female participation in the workforce. In

contrast, Guatemala, with a score of 0,589, showcases the substantial economic barriers

still impeding women’s full economic integration, highlighting a critical area for policy

improvement.

Educational Attainment: For this dimension, the analysis revealed that the scores are

uniformly high across most countries, with Nicaragua, Argentina, Colombia, Honduras,

Brazil, and Uruguay achieving perfect scores of 1. This consistency across the region

suggests that there have been significant strides toward achieving gender parity in

educational opportunities, marking a successful aspect of gender equality efforts.

However, slight disparities remain in countries like Peru and Bolivia, with scores of

0.954 and 0.980, respectively, indicating that minor gaps in educational attainment still

need to be addressed.

Consequently, my analysis of the 2022 GGGI highlights significant disparities in gender

equality across Latin America, particularly in terms of political empowerment and economic

participation. In contrast, educational attainment remains high and relatively consistent across

most countries. These findings underscore the urgency for targeted policy interventions tailored

to address specific gaps, while also leveraging the successes that have been achieved. The

diversity in scores across nations illuminates the influence of national policies and cultural

attitudes toward gender equality. This analysis is significant as it provides a comprehensive,

evidence-based exploration of the regional variations in gender equality, marking both progress

and challenges in achieving gender parity. The implications of this analysis are extensive,

emphasizing the necessity for policy responses that align with the unique cultural, economic, and

legal contexts of each country.

Interpretation of GGGI Scores in Relation to Femicide Rates

My analysis explores the relationship between the Global Gender Gap Index (GGGI)

scores and femicide rates across Latin American countries, revealing a complex picture of gender

equality and its impact on one of the most extreme forms of gender-based violence. Initially, I

expected a direct correlation where lower GGGI scores, indicating less gender parity, would

align with higher femicide rates. This hypothesis assumed that greater gender inequality might

foster environments where femicide is more prevalent. Here’s what I found in my country-

bycountry analysis, which provides a granular view of how GGGI scores correlate with femicide

rates:

•Argentina: With a GGGI score of 0.756, Argentina shows significant strides towards

gender equality, yet the country faces a femicide rate of 1 per 100,000. This suggests that

despite progress in gender parity, Argentina still grapples with addressing the critical

issue of violence against women.

•Brazil: Brazil’s GGGI score indicates considerable gender disparities, which are echoed

in its high femicide rate of 1.3 per 100,000. This alignment underscores the pervasive

nature of gender-based violence in contexts of pronounced gender inequality.

•Chile: Chile’s lower GGGI score of 0.736, indicating closer gender parity, correlates with

its lower femicide rate of 0.4 per 100,000, suggesting a positive correlation between

enhanced gender equality and reduced violence against women.

•Colombia: With a GGGI score of 0.710, Colombia is making moderate progress in

gender equality but still reports a femicide rate of 0.8 per 100,000. This indicates

challenges in translating gender parity achievements into reductions in gender-based

violence.

•Costa Rica: Costa Rica, scoring 0.796 on the GGGI, demonstrates significant

achievements in gender equality, with a corresponding lower femicide rate of 0.7 per

100,000, highlighting the potential impact of gender parity on reducing violence against

women.

•Ecuador: With a GGGI score of 0.743 and a femicide rate of 1 per 100,000, Ecuador

demonstrates progress. It becomes clear that while strides are being made in closing

gender gaps, there is a significant need to develop and implement effective strategies

specifically aimed at combating femicide. Future efforts should focus on integrating

gender equality gains with robust anti-femicide measures to ensure these advancements

translate into reduced violence against women.

•El Salvador: Despite a moderate GGGI score of 0.727, El Salvador reports a higher

femicide rate of 1.6 per 100,000, indicating that factors beyond gender parity are

influencing the high rates of violence against women.

•Guatemala: Guatemala, with a lower GGGI score of 0.705 and a femicide rate of 1 per

100,000, illustrates the critical need for comprehensive strategies that address both

gender equality and gender-based violence.

•Honduras: The high femicide rate of 6 per 100,000, alongside a GGGI score of 0.705,

starkly emphasized the urgent need for targeted interventions to address the epidemic of

violence against women in Honduras.

•Nicaragua: With a high GGGI score of 0.810 but a femicide rate of 0.5 per 100,000,

Nicaragua presents an example where higher gender equality does not necessarily equate

to the elimination of gender-based violence but suggests a mitigating impact.

•Panama: Panama’s GGGI score of 0.743 and a femicide rate of 1.1 per 100,000

underline the ongoing challenges in fully addressing gender-based violence despite

strides toward gender parity.

•Paraguay: Exhibiting a GGGI score of 0.707 and a femicide rate of 1.1 per 100,000,

Paraguay's figures suggest that moderate levels of gender equality have not yet

significantly impacted femicide rates.

•Peru: With a GGGI score of 0.749 and a femicide rate of 0.9 per 100,000, Peru illustrates

the complex dynamics between gender parity progress and the persistence of genderbased

violence.

•Uruguay: Uruguay’s higher femicide rate of 1.6 per 100,000, juxtaposed with a GGGI

score of 0.711, challenges the notion that higher gender equality alone is sufficient to

combat violence against women.

•Bolivia: Bolivia’s efforts towards gender parity, reflected in a GGGI score of 0.734, are

contrasted with a femicide rate of 1.5 per 100,000, emphasizing the multifaceted

approach needed to tackle gender-based violence.

The findings from the comparative analysis illustrate that the path toward gender equality

does not straightforwardly lead to a reduction in femicide rates. These results, graphically

represented in Appendix 2, Figure 3, underscore the complexity of the relationship between

gender parity achievements and the incidence of femicide. While GGGI scores offer a

quantitative assessment of gender disparities, the connection between gender inequality and

femicide is complex, non-linear, and lacks uniformity across different contexts.

The complexity highlighted by my preliminary analysis underscored the need for an

expanded analytical approach. Initially, my research aimed to identify, summarize, and interpret

data to reveal patterns or trends without applying statistical tests to infer broader population

conclusions. While informative, this approach revealed the limitations of solely relying on

statistics to understand the nuanced relationship between gender inequality and femicide rates.

Consequently, I advanced into correlation analysis, examining the linear correlation between

GGGI scores and femicide rates using the Statistical Package for the Social Sciences (SPSS).

The dataset comprised of femicide rates per 100,000 women and GGGI scores for the

year 2022 across fifteen Latin American countries. Given the data's origin from a reputable

source, the preliminary screening process to identify and address missing values and outliers and

assess normality was deemed unnecessary. The assumption was that the rigorous standards of the

World Economic Forum already upheld the dataset's integrity and suitability for analysis. This

confidence in the data's quality allowed me to directly apply Pearson’s correlation coefficient to

examine the strength and direction of the linear relationship between GGGI scores and femicide

rates within the Latin American context.

In my analysis using SPSS, I performed a bivariate Pearson Correlation to investigate the

relationship between femicide rates and Global Gender Gap Index (GGGI) scores across a

selection of Latin American countries. Initially, I generated scatter plots of femicide rates versus

GGGI scores (as referenced in Appendix 2, Figure 6) to visually assess the relationship between

these two variables. This visual examination served as a preliminary analysis, providing insights

into potential trends and patterns before the formal statistical analysis. I calculated the Pearson

correlation coefficient, which revealed a value of -0.383 between femicide rates and GGGI

scores (illustrated in Appendix 2, Figure 7). This result indicates a weak negative linear

relationship, suggesting that countries with higher GGGI scores—which denote greater

achievements towards gender equality—tend to have slightly lower femicide rates. While I

anticipated this relationship, I expected a more pronounced variation. However, the results of this

research demonstrate that not all countries with higher levels of gender equality necessarily

exhibit significantly lower rates of femicide.

The significance test for this correlation yielded a p-value of 0.159, indicating that the

negative correlation does not reach statistical significance within the sampled countries. This

suggests that there are other influential factors, not captured by the GGGI, affecting femicide

rates. This outcome underscores the limitations of the GGGI as the sole measure of gender

dynamics' influence on femicide, highlighting the need for a broader analytical scope.

One key reason for this unexpected finding may be that the GGGI primarily measures

formal equality—such as economic participation, political empowerment, education, and health

—which does not necessarily account for all nuanced and informal aspects contributing to

gender-based violence. Factors like cultural norms, societal attitudes towards women, the

effectiveness and enforcement of laws against domestic violence, and the prevalence of

machismo culture significantly impact femicide rates, but the GGGI does not directly measure

them. Furthermore, the quality and enforcement of legal frameworks targeting femicide and

other forms of gender-based violence are crucial. For instance, a country might score well on

formal aspects of gender equality, like employment and education, yet lack robust legal

protections against domestic violence or fail to effectively enforce existing laws. This

discrepancy can result in a situation where, despite high levels of gender parity in public spheres,

private domains remain fraught with violence and discrimination against women.

Looking ahead, future research should delve deeper into this unexpected finding by

comparing regional differences in femicide rates and analyzing data from regions such as Africa,

Latin America, Europe, and North America. This comparative approach can help uncover

broader global patterns and contribute to a more nuanced understanding of how regional

disparities in gender inequality influence femicide rates. As examining femicide is relatively new

for the field of global security, scholars could specifically investigate how femicide influences

internal security dynamics, such as population displacement, community cohesion, and public

trust in governance structures.

Additionally, research could explore the effects of femicide on cross-border security

issues, including migration patterns and the potential exportation of gender stereotyping

mentalities by migrants. This is particularly important as it can demonstrate how regional issues

of gender violence might escalate into global security concerns, impacting international relations

and policymaking. Understanding these dynamics is crucial for crafting effective interventions

that address both the causes and broader implications of femicide on global security.

In the following chapters, I will contextualize these perplexing findings with more

qualitative analysis to further explore and address my central research question: How do gender

stereotyping and state-level patriarchy contribute to the persistence of femicide as a regional

security risk in Central and South America? Since the outcomes revealed that quantitative

assessments of gender equality alone may not fully capture the underlying dynamics that lead to

femicide, by incorporating qualitative methodologies, I aim to offer a more comprehensive view

that integrates both statistical data and contextual depth. This approach will enable a more

informed and nuanced interpretation of how deeply ingrained cultural norms and legal

frameworks impact femicide rates across different regions, providing essential insights for

developing effective strategies to combat this issue.

Chapter V

COMPARATIVE ANALYSIS OF NATIONAL LAWS ON FEMICIDE

ACROSS CENTRAL AND SOUTH AMERICAN COUNTRIES

1. Introduction

This chapter embarks on a thorough content analysis of the legislative frameworks

designed to combat femicide and feminicide across sixteen countries in Central and South

America: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador,

Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay, and Venezuela. It examines

the legislative intricacies of how these severe offenses are defined and incorporated into the legal

systems of each jurisdiction, assessing whether these crimes are addressed through standalone

statutes or integrated into existing penal codes. This analysis draws upon a comprehensive

collection of data from the Gender Equality Observatory for Latin America and the Caribbean's

Repository of Violence Laws, various government websites, and a significant study by UN

Women/MESECVI (Deus and Gonzalez 2018) to offer an in-depth examination of the diverse

legal responses to these violent acts.

Key findings highlight significant differences in the approach to femicide across the

region, ranging from standalone statutes to integration within existing penal codes. The analysis

reveals that while some countries have developed robust legal frameworks specifically targeting

femicide, others rely on broader laws that encompass various forms of violence against women.

This disparity leads to different approaches in how countries adapt their legal strategies to their

specific contexts and challenges, pointing to the complex interplay between cultural norms, legal

frameworks, and societal attitudes toward gender equality and women's rights. This variability

underscores the need for a nuanced understanding of each country's legal and social dynamics to

effectively address the issue of femicide. This aspect is explored in greater depth later in this

chapter.

The necessity of this investigation is underscored by alarming statistics from the United

Nations Office on Drugs and Crime (UNODC), which reported a significant increase in global

female homicides, with nearly 89,000 women intentionally killed in 2022—marking the highest

figure observed in over two decades (UNODC 2023). This concerning trend, coupled with the

specific and troubling context within Central and South America as highlighted by a 2022 report

from the United Nations Economic Commission for Latin America and the Caribbean (ECLAC),

sets the stage for this focused analysis. The ECLAC report sheds light on the grim reality that

over 4,050 women fell victim to femicide or feminicide in the region, indicating a pressing issue

that demands detailed legislative scrutiny (ECLAC 2022).

Furthermore, this dissertation seeks to unravel the nuanced trends and variances in

femicide rates across the region, informed by findings from the UNODC that report slight but

steady increases in femicides in Brazil juxtaposed against modest declines in countries like

Argentina, Colombia, and Peru (UNODC 2023, 10). The analysis will delve into the legislation

of each country within South and Central America, examining how femicide is defined and

whether these definitions align with international standards. It will also explore the specific

particularities of how these countries criminalize femicide, including whether the laws are

integrated into broader penal codes or framed within standalone legislation, and assess the

implications of these legislative approaches. This comprehensive examination aims to identify

legislative strengths and gaps, contributing to a better understanding of the regional landscape of

legal responses to femicide.

In addition to analyzing current legislation and trends, this dissertation presents a

historical overview of the legal and social evolution of femicide and feminicide legislation in the

region. It traces the development of these laws from their inception, through the influence of

socio-political changes, advocacy movements, and international treaties, to their current state.

This historical lens is crucial for a comprehensive understanding of the legal mechanisms at play,

offering insights into the dynamic interplay between global standards, regional pressures, and

local activism in shaping the legislative approach to combating femicide and feminicide in South

and Central America. By dissecting these layers, this dissertation aims to offer a snapshot of the

current legal landscape and a deeper understanding of the broader societal factors that continue

to shape the discourse and action on gender-based violence in the region.

2. Historical context - from Belém do Pará Convention to Inter-American Model Law on

Femicide.

Understanding the historical evolution of the legal frameworks designed to combat

violence against women in South and Central America is essential for grasping the current state

of laws addressing femicide and feminicide. A pivotal moment in this evolution occurred with

the adoption of the Inter-American Convention on the Prevention, Punishment, and Eradication

of Violence Against Women, known as the “Belém do Pará Convention,” on June 9, 1994, by the

Organization of American States (1994). This Convention marked the first time an international

treaty legally mandated the criminalization of all forms of violence against women, establishing

a landmark in legal commitments. Remarkably, 32 of the 35 member states in the Americas have

ratified the Convention, highlighting its significant influence and the broad consensus on the

urgency of addressing these issues (Elliott 2020). The Convention has been crucial in framing

violence against women as a human rights violation, setting a precedent for both legal and

societal responses to combat such violence (Sosa 2017).

The influence of the Belém do Pará Convention has been pivotal in guiding the

development and reform of laws and policies to protect women's rights. Nonetheless, despite its

widespread adoption, the ways in which femicide is criminalized still vary significantly across

different countries within the region (Álvarez-Garavito and Acosta-González 2021). Such

inconsistencies were a driving force behind the establishment in 2004 of the Mechanism to

Follow Up on the Implementation of the Inter-American Convention on the Prevention,

Punishment, and Eradication of Violence against Women (MESECVI). As a specialized entity,

MESECVI's primary objective is to monitor and evaluate the commitments and actions of state

parties in fulfilling their obligations under the Convention. Its role is critical in assessing how

effectively countries across Latin America are preventing and combating violence against

women, including femicide.

For a comprehensive historical analysis of femicide legislation in Latin America, it is

crucial to integrate insights from the MESECVI with broader legal developments across the

region. MESECVI's critical assessments have revealed that many Latin American countries lack

specific legislation targeting femicide. Where such laws do exist, they often fail to align with the

comprehensive criteria outlined in the Declaration on Femicide (Inter-American Commission of

Women 2017). This disparity in legal approaches and the inconsistent methods of criminalization

across different countries highlights the pressing need for a more unified and effective legal

framework.

Recognizing these challenges, MESECVI marked the tenth anniversary of the

Declaration by convening in 2018 to adopt the Inter-American Model Law on Femicide. This

initiative was driven by observations that existing legislation across the region was inadequate in

scope and enforcement (Inter-American Commission of Women 2018). The Model Law on

Femicide provides a comprehensive guide for nations to draft new legislation or enhance existing

laws, aiming to standardize and strengthen the legal response to femicide throughout Latin

America. This effort seeks to ensure more consistent and effective protection and justice for

women. This analysis seeks to examine whether the commission has achieved aspects of this

goal, focusing on the effectiveness of the Model Law in reducing legal disparities and improving

the prosecutorial outcomes for femicide across member states.

Despite the adoption of the Model Law on Femicide by MESECVI, femicide rates in

Latin America remain alarmingly high. Data from the Gender Equality Observatory of the

Economic Commission for Latin America and the Caribbean (ECLAC) show that every two

hours, a woman or girl is killed due to gender-related violence in the region (ECLAC 2022). This

trend is particularly alarming when contrasted with the global decline in overall homicide rates,

which does not seem to be reflected in the rates of female homicides (UNODC 2019). This

disparity underscores a critical issue: while general violence may be decreasing globally,

violence specifically targeting women, particularly in the form of femicide, remains a pervasive

and escalating problem (Walklate et al. 2019). Pinker also notes that overall violence has

declined over time (2011), but this trend does not extend to gender-based violence which

continues to grow. This escalation is driven by enduring societal, cultural, and systemic

inequalities that embed discriminatory practices and uphold patriarchal norms. Although there

have been general improvements in security and governance, these advances have not effectively

addressed the specific vulnerabilities faced by women, allowing gender-based violence to

continue. This disconnection demonstrates that broader societal pacification does not necessarily

translate to safety for women, underscoring the urgent need for more effective strategies and a

deeper understanding of gender-specific violence.

The Model Law on Femicide, drafted by MESECVI, emerges as a pivotal tool in

addressing this crisis. It not only offers guidance on the legal codification of femicide but also

addresses the broader societal and cultural issues that contribute to violence against women.

Recognizing the roots of femicide in patriarchal structures and unequal power dynamics, the

Law highlights the necessity of addressing these issues, particularly in high-risk situations like

conflicts and emergencies (Inter-American Commission of Women 2018). However, it also sheds

light on the significant gap between the existence of laws and their practical application,

particularly in terms of budget allocation for preventing violence against women. As the Third

Hemispheric Report by MESECVI points out, no country in the region dedicates more than 1%

of its annual budget to these preventive efforts (Inter-American Commission of Women 2018,

8).

This historical overview underscores the complex challenge of combatting femicide in

Latin America. Despite legislative advancements, the persistently high rates of femicide and

insufficient resources for prevention indicate that substantial efforts are still required. The

Model Law on Femicide by MESECVI represents progress but also underscores the need for

comprehensive strategies that address not only legal aspects but also tackle the root causes of

gender-based violence and ensure the effective implementation of protective laws.

This is precisely why my research inquiry and dissertation are focused on examining the

issue of femicide in the region. Through this analysis, I aimed to deepen an understanding of

legislative efforts, their effectiveness, and their challenges, charting potential strategies for more

effective solutions. This endeavor is particularly timely and relevant, given the urgent nature

highlighted by recent reports on the frequency of femicide. The central findings from my

analysis of the national laws and legal frameworks will be discussed in the following sections.

3. Analysis of National Laws and Legal Frameworks

This subchapter examines the national laws and legal frameworks dedicated to addressing

femicide and feminicide in 16 South and Central American countries. It reveals that while some

nations classify femicide as a distinct criminal offense, others view it as an aggravating

circumstance within the broader category of homicide. This distinction reflects each country’s

unique legal and cultural perspectives regarding these crimes. Some jurisdictions have enacted

specific legislation targeting femicide, while others have chosen to embed responses within their

existing penal codes. Despite these differences, the analysis uncovers a complex array of factors

that countries consider when defining femicide and feminicide, underscoring the challenges in

creating a standardized approach to these crimes. The variety in legislative responses raises

compelling questions about why certain factors, such as misogyny or human trafficking, are

included in the legal definition of femicide in some countries but not in others.

Structured in three distinct phases, my analysis first mapped out the specific laws each

country has implemented concerning femicide/feminicide, providing a crucial foundation for

understanding the regional legal landscape. Next, I delved deeper into the framing of these laws,

exploring their scope and how they are integrated within each country's criminal justice system.

This exploration offered me insights into the legal intricacies and positioning of these laws

within a wider legal context. In the final phase, I investigated the diverse motives and factors

considered in the legal definitions of femicide/feminicide across these nations, revealing the

intricate legal responses devised to combat these serious offenses.

Following this structured analysis, I explored the diverse strategies employed by

countries in South and Central America in legislating against femicide/feminicide. I aimed to

discover if specific attributes of national regulations were linked to decreases in femicide rates,

thereby identifying key elements that could potentially enhance the effectiveness of these laws.

This exploration allowed me to illuminate the concerted efforts undertaken by these countries to

combat gender-based violence within their legal frameworks. Accordingly, I found X and Y.

(say more about your results here.)

Additionally, I critically evaluated how these laws align with international standards and

norms, focusing particularly on incorporating state responsibility as outlined in the Declaration

on Femicide (MESECVI 2008). This focus was essential for understanding how legislation

responds not only to individual incidents of femicide/feminicide but also to the broader systemic

issues that contribute to these crimes.

§1. Legislative Overview: Identifying National Laws on Femicide/Feminicide

In my analysis of national laws on femicide across South and Central America, I

discovered a diverse array of legislative approaches, each tailored to the unique socio-cultural

and legal contexts of the respective countries. Sixteen countries in the region have enacted laws

criminalizing femicide. Bolivia, El Salvador, Guatemala, Nicaragua, Panama, Paraguay, and

Venezuela have incorporated the penalization of femicide within broader laws that address

violence against women. In contrast, Argentina, Colombia, Peru, and Uruguay have established

specific legal frameworks dedicated solely to addressing femicide.

In my findings, Argentina stood out for revising its Criminal Code with Law N° 26.791,

which articulates femicide as an aggravating circumstance in homicide, targeting gender violence

without explicitly using the terms “femicide” or “feminicide.” This nuanced articulation suggests

an integrated view within the broader category of homicide, highlighting gender violence as a

significant factor.

Bolivia’s Law No. 348 takes a more direct stance, with Article 252 bis of the Criminal

Code imposing a 30-year sentence without parole for those who kill women under certain

circumstances, reflecting a robust legal response to the issue.

In my analysis of Brazil's legal framework, I found that Article 121, modified by Law N°

13.104 de 2015, classifies feminicide as a subtype of murder linked to gender discrimination or

domestic violence. This legal development was built on the groundwork laid by the Maria da

Penha Law of 2006, a landmark in Brazil’s efforts to combat gender-based violence. This

legislation was crucial in preventing and prosecuting domestic violence across all racial

backgrounds, highlighting Brazil’s commitment to equal human rights. The enactment of the

Law of Femicide in 2015 further strengthen this framework by specifying penalties for acts of

femicide, demonstrating the seriousness with which Brazil addresses the targeted killing of

women. Moreover, in 2021, Brazil expanded its protective measures through Law 14.188, which

addresses punishments for all forms of domestic violence against women, including

psychological abuse. This evolution in legislation reflects Brazil’s ongoing commitment to

creating a safer and more equitable society for women.

Chile’s approach mirrors Argentina’s, with modifications under Law Nº 21.212, 2020, to

Article 390 of the Criminal Code, which imposes severe penalties for men who kill women with

whom they have an intimate relationship.

In Colombia, Article 104, enhanced by the Rosa Elvira Cely Law, provides a

comprehensive definition of feminicide, including circumstances like previous violence or power

dynamics, as part of its characterization.

Similarly, Costa Rica's Law Nº 9975 in 2021 modifies the Criminal Procedural Code to

include femicide, specifically targeting intimate relationships with substantial prison sentences.

Ecuador’s Articles 141-142 of the Criminal Code and El Salvador’s Special

Comprehensive Law for a Life Free from Violence for Women both articulate femicide in terms

that underscore gender hatred and power imbalances. Nevertheless, El Salvador further specifies

heightened penalties for crimes committed by public officials.

Guatemala's framework, established by the ‘Law against Femicide and Other Forms of

Violence against Women’ in 2008, defines femicide within the context of power imbalances

between men and women.

In Honduras and Nicaragua, laws prescribe severe punishments for femicide, with

Honduras’s Criminal Code allowing for 30 to 40 years of imprisonment under aggravating

circumstances. Nicaragua’s Comprehensive Law against Violence against Women, along with the

Penal Code reforms in Decree 42-2014, recognizes femicide as a specific crime committed by a

man against a woman within an intimate relationship.

Panama’s Law N° 82, 2013, and Peru's Law N° 30.068, 2013, both outline femicide

within their Criminal Codes, indicating a commitment to addressing the crime within their legal

systems. Panama stipulates substantial prison sentences for femicide, reflecting a stringent legal

approach to this form of violence against women. Peru focuses on the broader context of gender

violence in defining feminicide, suggesting a recognition of the various manifestations of

gender-based violence.

Finally, Uruguay and Venezuela have both recognized femicide within their legal

frameworks. Uruguay's Criminal Code, under Article 312, addresses femicide with an emphasis

on gender-based hatred or contempt. At the same time, Venezuela's Organic Law on the Right of

Women to a Life Free from Violence, as amended, emphasizes femicide within contexts of

gender-based domination and subordination.

I included this country-by-country comparison in Appendix 3, Figure 1, which provides

a comprehensive view of the diverse legislative approaches to femicide and feminicide across

South and Central America. The includes information on the specific laws or articles, their nature

(autonomous law or penal code amendment), and their adoption details.

Discussion of Legislative Overview: Identifying National Laws on Femicide/Feminicide

In my analysis of the diverse legal frameworks addressing femicide across South and

Central America, I found that the differences in legal strategies reveal profound implications for

how each country prevents and combats this grave issue. Countries like Bolivia and Ecuador,

which have laws explicitly focusing on the gender-based nature of these crimes, underscore the

recognition of these crimes’ unique motivations and societal impacts. This explicit focus often

facilitates targeted legal and social interventions, creating frameworks specifically designed to

tackle the gender-specific elements of these crimes. Such laws not only raise public awareness

but also prioritize governmental resources towards prevention, legal prosecution, and support

systems for victims, enhancing the overall effectiveness of these measures.

Conversely, integrating femicide within broader laws addressing violence against women,

as seen in Guatemala, offers both benefits and challenges. While this approach enables a holistic

response to gender-based violence, it can obscure the specific requirements needed to effectively

tackle femicide. This may lead to a dilution of resources, as attention is spread across various

forms of violence.

In my findings, the specific nature of laws like Argentina’s, which articulates femicide as

an aggravating circumstance in homicide within its Criminal Code through Law N° 26.791,

suggests a nuanced approach that, while not explicitly naming femicide, recognizes the severity

of gender-based violence within the broader homicide category. This method potentially

broadens the scope of legal protection without isolating femicide as a distinct category, which

could influence both public perception and legal handling of such cases.

In contrast, Costa Rica, Ecuador, and El Salvador include femicide within broader laws

aimed at combating violence against women, reflecting a strategic choice to address these crimes

within a wider legal and social framework. However, the broader approach, while inclusive,

posits the challenge of enforcement. This can lead to femicide being overshadowed by other

forms of violence, potentially slowing legal proceedings, and diluting the urgency of response

that femicide demands.

These findings highlight the importance of a detailed understanding of how legal

frameworks are crafted and executed. They suggest that while specific laws for femicide can

sharpen focus and enhance resource allocation, the effectiveness of any legal strategy is deeply

influenced by the broader socio-legal context. This includes enforcement mechanisms, societal

attitudes towards gender norms, and the overall commitment of the state to tackle gender-based

violence.

Therefore, although each legal approach provides distinct advantages, the true success in

mitigating femicide rates hinges on a multifaceted strategy. This should include well-formulated

laws, robust enforcement, societal education, and comprehensive support systems for victims.

Such a comprehensive approach is crucial for fostering a safer and more equitable society where

gender-based violence is not only addressed but vigorously countered.

§2. Framing Femicide and Feminicide: Legal Scope and Typification

This subchapter applies further qualitative content analysis of femicide legislation

adopted by countries in South and Central America. It explores whether these nations have

developed autonomous laws specifically for femicide/feminicide or have integrated these crimes

into their broader penal codes with enhanced penalties. Another focal point of this analysis is the

terminology used — distinguishing between ‘femicide' and 'feminicide' and understanding the

contexts in which these crimes are legally recognized.

To reiterate the findings listed in the literature review, the terms 'femicide' and

'feminicide' are often used interchangeably to describe gender-based violent killings stemming

from systemic gender inequalities. From a social sciences viewpoint, scholars argue that

femicide is defined as the killing of women without a specific motive, while feminicide

encompasses the gender-based motivations and societal factors underlying these deaths (Lagarde

2006). However, from a legal perspective, international organizations such as the World Health

Organization (WHO) and the Committee of Experts of The Follow-up Mechanism to the Belém

do Pará Convention (MESECVI) of the Organization of American States highlight that there is

no inherent difference. Both terms fundamentally refer to the same phenomenon of gender-based

violent killings, underscoring the legal and societal recognition of these severe issues across

various jurisdictions.

Nevertheless, understanding the nuance between the terms 'femicide' and 'feminicide' is

important, even if they hold no legal distinction because it reflects the contextual and cultural

underpinnings that shape how gender-based violence is addressed in different societies. The use

of either term can resonate differently in various communities. For instance, 'feminicidio' is

commonly used in Mexico, Nicaragua, and the Dominican Republic, while 'femicidio' is

prevalent in countries like Honduras, Guatemala, Chile, and Argentina. This divergence reflects

not only linguistic preferences but also the influence of local feminist activism and the degree of

state involvement in adopting these frameworks. For example, in Mexico, the criminalization of

'feminicidio' was propelled by a successful feminist campaign that involved shaming and

engaging federal legislators. This nuanced understanding informs my analysis of the legal

frameworks, as I explore how different countries frame and typify femicide/feminicide within

their legal systems.

In my analysis of national laws, I investigated the various legal approaches adopted by

countries concerning femicide/feminicide. This included assessing whether these countries have

enacted specific autonomous laws, incorporated femicide/feminicide into broader legislation

addressing multiple forms of violence against women or included it as part of their penal codes

with enhanced penalties. My findings reveal a varied legislative landscape for addressing

femicide in South and Central America. Specifically, some countries have established standalone

laws that distinctly address femicide or feminicide, underscoring the particular severity of these

crimes. Conversely, other nations have opted to integrate these offenses into comprehensive legal

frameworks that tackle a wider spectrum of gender-based violence, or have embedded them into

existing penal codes, often attaching stricter penalties. This diversity is detailed in Appendix

3, Figure 2, which categorizes Latin American countries based on their approaches to

criminalizing femicide/feminicide, as analyzed in a MESECVI report from 2018 (MESECVI

2018). The table identifies countries with comprehensive violence laws and those with specific

legislation for femicide/feminicide, as well as nations that have undertaken broad reforms of

their criminal codes.

In my analysis, I identified a diverse range of strategies that countries in South and

Central America employ to address femicide and feminicide within their legal frameworks. This

variety includes the integration of these crimes into comprehensive laws that target a broader

spectrum of violence against women, as well as the creation of specific autonomous laws or

amendments within existing penal codes. This diversity reflects the individual socio-cultural and

legal contexts of each nation.

Some countries have chosen to include femicide and feminicide within comprehensive

laws that address a wide range of violence against women, suggesting a holistic approach to

combating gender-based violence. On the other hand, other nations have enacted standalone laws

specifically targeting femicide and feminicide, indicating a more focused approach to this

specific form of gender-based violence. These distinct approaches across various countries not

only highlight unique socio-political and legal philosophies but also underscore the different

emphases placed on criminal justice responses. In some instances, integrating these crimes

within criminal codes, sometimes with enhanced penalties, signifies a robust emphasis on

criminal justice responses.

Moreover, comprehensive reforms of criminal codes that incorporate femicide and

feminicide reflect a growing awareness of the need for systemic changes in the legal treatment of

gender-based violence. These varied approaches demonstrate how countries adapt their legal

strategies to their specific contexts and challenges, pointing to the complex interplay between

cultural norms, legal frameworks, and societal attitudes toward gender equality and women's

rights. In the next section, I will delve deeper into the specifics of how different countries have

framed their legal responses to femicide and feminicide. We will analyze and showcase which

countries have adopted comprehensive laws, which have implemented autonomous laws, and

which ones have integrated these crimes into their existing penal codes. This detailed

examination will provide a clearer understanding of the legislative nuances and their

implications in combating gender-based violence across South and Central America.

§2.1. Countries with Comprehensive Violence Laws that Include Femicide/Feminicide

“In 2015, the brutal murder of Chiara Páez shocked Argentina and catalyzed significant public

outcry over the issue of gender-based violence. The 14-year-old was found buried in the

backyard of her boyfriend's house in the city of Rufino, Santa Fe, after she was beaten to death.

Her death, occurring when she was reportedly pregnant, became a pivotal moment in

Argentina’s fight against femicide, leading to mass demonstrations under the slogan "Ni Una

Menos” (Not One Less). These protests marked a crucial turning point, emphasizing the urgent

need for comprehensive measures to prevent violence against women in the country.”

(Pomeraniec 2015)

While violence generally is on the decline, stories such as the killing of Chiara Páez

demonstrate how gender-based violence and femicide are on an increasing trend, especially in

Latin and Central America (Walklate 2019). In my analysis of the legislative approaches to

combating gender-based violence, I found that 11 out of the 16 countries examined — Argentina,

Bolivia, Colombia, Ecuador, El Salvador, Guatemala, Panama, Paraguay, Peru, Uruguay, and

Venezuela — have implemented comprehensive violence laws. Comprehensive violence laws are

broader in scope and integrate various types of violence, including femicide and feminicide,

within a single legislative framework. These laws aim to address a wide spectrum of violence

under a unified legal approach, often including domestic violence, sexual assault, and other

forms of gender-based violence. The comprehensive approach allows for a more holistic

response to violence against women, facilitating integrated prevention, protection, and

prosecution strategies. However, this approach might dilute the focus specifically needed for

femicide or feminicide, as the resources and attention must cover a broader range of offenses. To

visually represent the legislative landscape across the region, I created the following pie chart to

depict the percentage of countries that have implemented comprehensive violence laws to

combat gender-based violence.

§2.2. Countries with Autonomous Laws for Femicide/Feminicide

“When Eyvi Ágreda was attacked with gasoline and set on fire by a man who had been harassing

her on a bus in Lima, Peru, her tragic death in 2018 became a stark symbol of the devastating

impact of gender-based violence in the country (BBC News Mundo 2018)”

Four countries, namely Argentina, Colombia, Peru, and Uruguay, have opted for a more

focused legal framework by enacting autonomous laws that exclusively address

femicide/feminicide. In contrast with comprehensive violence laws, autonomous laws are

distinct legislative frameworks specifically enacted to address particular issues, such as femicide

or feminicide, in isolation from other legal provisions. These laws exclusively focus on defining,

prosecuting, and punishing these crimes as separate categories of violence, highlighting their

unique gender-based motivations and societal impacts. This legislative strategy highlights the

recognition of the distinct nature of these crimes, which necessitate unique legal provisions. By

adopting autonomous laws for femicide/feminicide, these countries demonstrated a commitment

to acknowledging and responding to these issues as distinct forms of gender-based violence. To

clearly illustrate the proportion of countries that have adopted autonomous laws for addressing

femicide/feminicide, I created the following pie chart from my research results to display the

percentage of countries that have implemented these focused legal frameworks.

My expectations at the outset of this analysis were that countries with specialized laws

for femicide/feminicide, such as Argentina, Colombia, Peru, and Uruguay, would exhibit lower

femicide rates due to their targeted legal frameworks aimed at enhancing awareness, prevention,

and prosecution. The data from 2022, however, presented a different scenario. Argentina,

Colombia, and Peru reported between 147 to 232 cases, contrasting sharply with Uruguay's

markedly lower count of 28. These figures indicate that despite the presence of dedicated laws,

the frequency of femicide remains alarmingly high.

This significant discrepancy suggests multiple challenges that could be undermining the

effectiveness of these laws. For instance, such challenges might be the issues of implementation

and enforcement. Other obstacles can be inadequate resources, insufficient training for law

enforcement, and prevailing judicial biases that can severely restrict the practical impact of these

laws. Moreover, societal attitudes and deep-rooted cultural norms that perpetuate gender

stereotyping and patriarchy are not easily swayed by legislative changes alone.

The mere presence of a law, while fundamental, does not guarantee its effective

application (Model Law on Femicide 2018). The significant challenges in effectively reducing

femicide rates despite existing laws underscore the rationale behind the Organization of

American States and Committee of Experts of the Follow-up Mechanism to the Belém Do Pará

Convention (MESECVI)'s decision to adopt a new Model Law on Femicide. This new Model

Law aims to encourage a uniform application of femicide legislation across all Latin American

countries (Model Law on Femicide 2018). Notably, the laws previously adopted by countries

such as Argentina, Colombia, Peru, and Uruguay predate this Model Law. Consequently, the

Model Law represents a critical step forward, aiming to standardize approaches to femicide

across the region and address inconsistencies in how these crimes are handled. This initiative

highlights the need for comprehensive strategies that not only refine legal frameworks but also

bolster enforcement mechanisms, tackle the underlying causes of gender-based violence, and

ensure the effective implementation of protective measures. The Model Law is a testament to the

ongoing efforts to enhance legal responses and improve the safety and rights of women across

Latin America.

§2.3. Countries Integrating Femicide/Feminicide into Criminal Codes

“When Diana Carolina Ramirez Reyes was brutally murdered in front of police officers by her

ex-partner in Ibarra, Ecuador, despite having previously reported threats against her life, the

nation was forced to confront the harsh realities of gender-based violence (Merino et al 2019)”

All countries, except for Costa Rica, El Salvador, Guatemala, Nicaragua, Paraguay, and

Venezuela, have opted to integrate the crimes of femicide or feminicide into their criminal codes.

This widespread legislative decision underscores the recognition of the gender-specific nature of

these crimes. To visually illustrate how each country has incorporated femicide and feminicide

into their legal systems, I created the following pie chart breaks down the distribution of

legislative approaches:

By incorporating femicide/feminicide into their penal code, these countries demonstrate a

strong commitment to addressing these crimes within the wider framework of their criminal

justice systems. This integration often involves implementing stricter penalties, which signals a

rigorous stance against these forms of gender-based crimes. Additionally, this approach

highlights the critical role played by the criminal justice system in effectively responding to and

curbing instances of femicide and feminicide, thereby highlighting the essential nature of legal

frameworks in the fight against gender-based violence.

Ecuador exemplifies this strategy through substantial reforms to its Criminal Code,

explicitly including provisions for femicide, which represents a significant shift toward

acknowledging and addressing gender-based violence within a comprehensive legal structure.

Notably, the 2014 reform in Ecuador introduced Article 141, which defines femicide as the

killing of a woman driven by power relations and violence, specifically because of her gender,

with penalties ranging from 22 to 26 years in prison (Código Orgánico Integral Penal 2014)1.

Article 142 further specifies aggravating circumstances such as the crime's visibility to the

victim’s children or public display of the victim's body, potentially leading to the maximum

sentence (Código Orgánico Integral Penal 2014)2.

Despite these significant legal strides, the effectiveness of these laws in curbing the high

rates of femicide remains a critical concern. In 2022, Ecuador recorded 332 femicides, marking

the highest number during the study period and an increase from 197 cases in 2021 (Statista

2023). This escalation translates to roughly one woman being killed every 28 hours due to

femicide (Hermann 2023). This point is poignantly illustrated by the tragic case of Diana

Carolina Ramirez Reyes, whose death underscores the ongoing challenges in effectively

implementing and enforcing these laws. Her case highlights a disconcerting reality: even with

stringent laws in place, femicide incidents continue at an alarming rate, pointing to systemic

issues in law enforcement, judicial processes, and societal attitudes that still need to be

addressed. This situation calls for a more integrated approach that not only focuses on legal

1 Original text: Artículo 141.- Femicidio.- La persona que, como resultado de relaciones de poder

manifestadas en cualquier tipo de violencia, dé muerte a una mujer por el hecho de serlo o por su condición de

género, será sancionada con pena privativa de libertad de veintidós a veintiséis años.

2 Original text: Artículo 142.- Circunstancias agravantes del femicidio.- Cuando concurran una o más de las

siguientes circunstancias se impondrá el máximo de la pena prevista en el artículo anterior: 1. Haber pretendido

establecer o restablecer una relación de pareja o de intimidad con la víctima. 2. Exista o haya existido entre el sujeto

activo y la víctima relaciones familiares, conyugales, convivencia, intimidad, noviazgo, amistad, compañerismo,

laborales, escolares o cualquier otra que implique confianza, subordinación o superioridad. 3. Si el delito se comete en

presencia de hijas, hijos o cualquier otro familiar de la víctima. 4. El cuerpo de la víctima sea expuesto o arrojado en

un lugar público.

measures but also on enhancing the effectiveness of law enforcement, raising public awareness,

and shifting cultural norms to truly reduce the incidence of femicide in Ecuador.

§2.4. Examining Femicide Laws Across South and Central America: A Detailed Country

Analysis

The diverse approaches to femicide legislation in South and Central America reflect each

country's unique socio-political and legal environment. Countries like Bolivia and Guatemala,

which have included femicide or feminicide within their comprehensive violence laws,

demonstrate a commitment to an integrated approach that encompasses prevention, protection,

and punishment. This strategy suggests a holistic understanding of gender-based violence and an

attempt to address it through a wide-ranging legal framework.

On the other hand, nations like Uruguay and Nicaragua, which have opted for

autonomous laws specifically for femicide or feminicide, indicate a focus on legal precision and

rigorous prosecution. This approach underscores the recognition of these crimes as distinct,

necessitating dedicated legal provisions and reflecting a targeted response to this specific form of

gender-based violence.

Nicaragua’s legislation uniquely integrates femicide within a broader scope of legal

reforms, encompassing a range of laws. Ecuador, on the other hand, included femicide in the

general reform of the Criminal Code prior to the introduction of their comprehensive law.

Finally, El Salvador's legal framework is noteworthy for incorporating state responsibility in its

definition of femicide. Its law specifically classifies femicide committed by public officials or

state authorities as an aggravated crime, demonstrating a commitment to address state complicity

in such acts. This inclusion is a significant step in acknowledging and addressing the state's role

in the context of femicide, setting a precedent for other nations in the region to follow. It

highlights the necessity to encompass state actors’ potential complicity or omission in such

crimes, aligning with the broader definition provided in the Declaration on Femicide (MESECVI

2008).

Additionally, the differences in legislative approaches—whether these crimes are

addressed within broader legal frameworks or recognized as separate legal categories—

underscore the diverse national views on the extent and essence of femicide or feminicide. For

example, Argentina's Law N° 26.791 categorizes femicide as an aggravating circumstance within

its broader homicide statutes, emphasizing gender violence by male perpetrators. In contrast,

Bolivia's Law No. 348 and Colombia's Rosa Elvira Cely Law explicitly define femicide and

feminicide, respectively, highlighting gender-based power dynamics and discrimination.

Meanwhile, Chile and Costa Rica specifically address femicide within the context of intimate

relationships, with laws such as Chile’s Law Nº 21.212 imposing severe penalties to signal the

gravity of such crimes within intimate dimensions, aligning these acts firmly within broader

frameworks aimed at violence against women. This disparity underscores the complexities

inherent in addressing gender-based violence and emphasizes the need for context-specific legal

responses. In this context, MESECVI (2018) emphasizes the importance of integrating laws on

femicide or feminicide within statutory legislation with a gender-focused perspective. When such

laws are not part of the criminal code and are instead incorporated into other types of legislation,

there is a risk that they might be marginalized or less frequently applied. This occurs because

laws within the criminal code tend to be more prominently recognized and enforced within the

justice system and are systematically included in the training of legal and law enforcement

professionals. In contrast, autonomous laws outside the criminal code may not receive the same

level of attention or enforcement priority, potentially leading to gaps in implementation and a

lack of awareness or understanding among those charged with enforcing them.

In the legislative frameworks of Latin America addressing femicide/feminicide, countries

without comprehensive laws tend to focus mainly on criminalization. These legislations

generally lack expansive features for prevention, protection, investigation, and victim reparations

(MESECVI 2018). In contrast, nations like Colombia have comprehensive laws that cover these

broader aspects despite some limitations concerning domestic violence laws. This scenario

underlines the distinct legislative features and approaches in grappling with the multifaceted

issue of femicide/feminicide across the region (MESECVI 2018).

This scenario emphasizes the need for the incorporation of femicide/feminicide laws into

the criminal code to guarantee their effective implementation and comprehension within a

gender-sensitive context. The MESECVI report supports the expansion of these laws beyond the

criminal realm, accentuating the overarching right to a life free of gender-based violence. Such a

comprehensive approach considers the intricacies of these offenses, advocating for their

inclusion within a broader legal and societal framework. It stresses the necessity of addressing

the root causes and far-reaching effects of gender-based violence, moving past solely punitive

measures to ensure a more effective and encompassing legal response. This expanded view

highlights the progression of femicide from a concept rooted in gender theory to a multifaceted

legal challenge in Latin America, illustrating how states employ penal measures to combat it

(Garland 1993). Despite being more prevalent in Central America, a similar penal approach is

evident across the region, including in countries where femicide is a significant human rights

issue, such as Mexico and El Salvador, and in those with lower incidence rates, such as Peru

(Alvazzi del Frate 2013). This commonality in penal reforms reflects a regional commitment to

combating femicide, irrespective of its prevalence.

Transitioning from the broader legislative frameworks to a more focused analysis, the

dissertation examines the typification and scope of femicide and feminicide in national laws

across South and Central America. This part of the analysis involves understanding how each

country has legally named or designated these crimes—whether as 'femicide,' 'feminicide,' or

another term. This concept, known as nomen iuris, is critical in legal taxonomy as it defines the

specific legal identity of a crime.

Argentina's law, for instance, addresses femicide within the broader context of homicide,

with a specific focus on gender violence perpetrated by male individuals. However, it does not

explicitly use the term 'femicide' or 'feminicide.' This contrasts with Bolivia's Law No. 348 and

Colombia's Rosa Elvira Cely Law, where 'feminicide' is distinctly defined, reflecting broader

considerations such as relationship dynamics, gender identity, and power relations. The

terminology employed varies across the region, with some countries defining these crimes as

feminicidio (e.g., Bolivia, Brazil, Colombia, El Salvador, Paraguay, Peru) and others using

femicidio (e.g., Chile, Costa Rica, Ecuador, Guatemala, Honduras, Nicaragua, Panama, Uruguay,

Venezuela). This distinction in nomen iuris may signal different legal and cultural perceptions of

the crime.

Furthermore, the analysis delves into the scope of these laws, looking at whether the

crimes are restricted to intimate settings or are considered aggravated homicide related to

relationship dynamics. It also scrutinizes the legal definitions concerning the perpetrator’s

gender, reflecting the gender-focused nature of these crimes within the legal frameworks.

This comparative study of national laws related to femicide and feminicide across South

and Central American nations uncovers significant variations in the precision of legal definitions.

This includes differences in the extent of the crimes and the specified gender of the perpetrator.

These variations are concisely summarized in Appendix 3, Figure 3.

Chile and Costa Rica have laws that specifically address femicide within the context of

an intimate relationship or as an aggravated form of homicide, suggesting a focus on crimes

within close relationships. This approach may reflect a societal and legal acknowledgment that

violence against women is often perpetrated by individuals within their intimate circle

(Bacigalupe 2000). In Chile, according to Article 390 of the Criminal Code, as amended by Law

Nº 21.212 in 2020, the law states:

“Artículo 390 bis. - A man who kills a woman who is or has been his spouse or

partner, or with whom he has or had a child in common, will be punished with a sentence

of major imprisonment in its maximum degree to qualified perpetual imprisonment. The

same penalty will be imposed on a man who kills a woman on the grounds of having or

having had with her a sentimental or sexual partner relationship without cohabitation.”1

In 2023, Chile introduced Law 21.565, establishing a groundbreaking framework for the

protection and support of victims of femicide and femicidal suicide, as well as their families.

This legislation, highly regarded by the Committee of Experts at MESECVI, adheres to

international standards in women's protection. It acknowledges the extensive and deep-seated

impact of femicides, highlighting the severe consequences for victims, their families, and the

wider society. The law provides for reparative measures, such as granting pensions to children of

femicide victims, and offers workplace protection for survivors of attempted femicides. This

approach not only addresses the punishment of perpetrators but also focuses on comprehensive

support for survivors and the prevention of future incidents, reflecting Chile's commitment to

combatting gender-based violence. Furthermore, Chile has taken steps to integrate another

criminal type within the scope of femicide/feminicide legislation. For example, Chile includes it

within the category of parricide, which is the killing of a close relative, signaling an

understanding of the profound betrayal of trust inherent in such crimes.

1 Original text: Artículo 390 bis.- El hombre que matare a una mujer que es o ha sido su cónyuge o

conviviente, o con quien tiene o ha tenido un hijo en común, será sancionado con la pena de presidio mayor en su

grado máximo a presidio perpetuo calificado. La misma pena se impondrá al hombre que matare a una mujer en

razón de tener o haber tenido con ella una relación de pareja de carácter sentimental o sexual sin convivencia.

In Costa Rica, the legal framework for addressing femicide underwent a significant

revision with the 2021 modification of Article 21 of the Criminal Procedural Code as part of the

Reforma Ley de Penalización de la Violencia Contra las Mujeres y Código Penal Nº 9975. This

revised law mandates a stringent penalty, imposing a prison sentence ranging from twenty to

thirty-five years for anyone found guilty of murdering a woman with whom they have or had a

relationship. This relationship can be of various nature, including marital, common-law, dating,

cohabitation, non-cohabitation, casual, or any similar bond, and applies even in cases where

there has been a divorce, separation, or breakup. This is important because it explicitly

acknowledges the wide spectrum of relationships within which femicide can occur, thereby

broadening the legal protection for women. The law also stipulates that this sentence applies

unless the conduct constitutes a more severe crime warranting a higher penalty.

The enactment of such legislation in Costa Rica indicates the country's recognition of the

unique dynamics present in intimate and close relationships and the specific vulnerabilities of

women within these contexts. By covering a broad spectrum of relationship types, the law

acknowledges the diverse situations in which femicide can occur, ensuring that the legal system

is equipped to address this grave issue in all its forms. This approach signifies a solid societal

and legal commitment to protecting women and addressing the serious problem of gender-based

violence.

In contrast to countries with specific laws for femicide, Argentina and Uruguay

approach the crime within the broader context of homicide. Argentina, notably lacking nomen

iuris for femicide, treats the act as an aggravating circumstance within the general framework of

homicide. This means that in Argentina, the act of killing a woman due to her gender is not

recognized as a separate crime but rather as a factor that increases the severity of the underlying

offense of homicide. Uruguay, while also recognizing femicide as an aggravating circumstance,

provides a more detailed legal perspective. As per Article 312(8) of the Uruguayan Criminal

Code, introduced by Law No. 19.538 of 2017, femicide is defined as an act of killing a woman

driven by hatred, contempt, or disdain for her gender. This law further specifies indicators for

such motives, including prior incidents of violence against the woman by the perpetrator, the

victim's refusal to engage in a relationship with the perpetrator, or any behavior by the

perpetrator that violates the woman's sexual freedom. Thus, while both countries consider

femicide within the scope of homicide, Uruguay's approach is more comprehensive, offering

specific criteria to establish the motive and context of the crime. This nuanced understanding in

Uruguay contrasts with Argentina's broader interpretation, where femicide enhances the severity

of a homicide without being classified as a standalone offense.

The femicide legislation in Honduras, outlined in Article 118A of the Criminal Code,

and Nicaragua, as specified in Law No. 779 and Decree 42-2014), which restricts the definition

of femicide legislation exclusively to instances where the male is the perpetrator, has garnered

criticism for its narrow scope. This approach, according to various critiques, overlooks broader

contexts of violence where gender dynamics are complex and varied (Neumann 2022; Ciancia

2020; Muftić 2012). By strictly defining the perpetrator as male, these laws fail to encompass

cases where women are victims of femicide committed by other women or in contexts that do

not involve a male aggressor, thus leaving significant gaps in legal protection for all victims of

gender-based violence. This aligns poorly with the Declaration on Femicide of 2008, which

defines femicide as “the violent death of women based on gender, whether it occurs within the

family, a domestic partnership, or any other interpersonal relationship; in the community, by any

person, or when it is perpetrated or tolerated by the state or its agents, by action or omission”

(MESECVI 2008).

This restrictive legal determination also risks reinforcing gender stereotypes by implying

that only men are capable of such crimes, thereby neglecting the broader societal issues that

contribute to violence against women. Such a limited view can exclude cases that should be

prosecuted as femicide, owing to their gender-based nature, regardless of the perpetrator’s

gender. This is particularly crucial in contexts of domestic and familial violence, where women

may also be perpetrators of gender-based violence against other women. Treating these instances

merely as homicides rather than femicides may lead to less severe legal repercussions and

diminish the focus on their gendered aspects.

As highlighted by MESECVI (2018, 36), there is a growing dialogue among scholars

advocating for a gender-neutral consideration of perpetrators in criminal law. These differing

legislative approaches highlight the complexity of effectively tackling gender-based violence.

While addressing male violence against women is vital, a broader legal framework that

recognizes a variety of perpetrator profiles and addresses underlying societal and structural

contributors to violence could lead to more effective and comprehensive solutions (MESECVI

2018). This inclusive approach would enable legal systems to respond to the multifaceted nature

of gender more effectively based violence, offering a more robust mechanism for protection and

justice.

On the other end of the spectrum, countries such as Bolivia, Brazil, Colombia, Ecuador,

El Salvador, Guatemala, Panama, Paraguay, Peru, and Venezuela have enacted specific

legislation that typifies femicide or feminicide as a separate crime. This legislative approach

serves to underscore the severity and distinct nature of violence against women, potentially

leading to more targeted prevention efforts and specialized legal processes.

In 2008, Guatemala's government took a significant step in its legal response to

genderbased violence by enacting the Law Against Femicide and Other Forms of Violence

against

Women under Decree No. 22-2008. This law is pivotal in its explicit recognition and definition

of femicide. Notably, Article 3 lit. e) of the decree defines femicide as the violent death of a

woman, occurring in the context of unequal power relations between men and women, as an

exercise of gender-based power against women. This definition is critical as it encapsulates the

gender-based discrimination and power imbalances at the root of such crimes. Moreover, Article

6 of the same law imposes a severe, non-negotiable punishment for those convicted of femicide.

The stipulated penalty is a rigorous imprisonment term ranging from 25 to 50 years. This harsh

sentencing reflects the seriousness with which the Guatemalan legal system views the crime of

femicide and its commitment to holding perpetrators accountable.

The implementation of the Law Against Femicide and Other Forms of Violence against

Women in Guatemala represented a significant advancement in the country's legal framework

against gender-based violence. According to Bay (2021), this significant legislative step led to

establishing specialized courts and agencies specifically focused on these issues. These structural

developments played a crucial role in enhancing the judicial system’s capacity, enabling it to

process and adjudicate many cases effectively. As reported by the UNODC, over 774 cases

related to femicide and severe violence against women were handled, illustrating the impact of

these changes (UNODC 2019, 49).

This progress was acknowledged by UN Women in 2016, who praised these institutional

advances as a critical movement towards aligning with international human rights standards.

However, the persistence of femicide cases in Guatemala indicates that these measures, while

necessary, may not be entirely sufficient. As Bay (2021) pointed out, the continued prevalence of

femicide in the country has led women’s rights advocates to assert that punitive legal measures,

on their own, are not enough to eradicate such crimes.

Furthermore, the issue of access to justice remains a significant challenge, especially for

marginalized groups. By 2017, despite the creation of thirteen specialized courts, indigenous and

economically disadvantaged women, particularly those in remote areas, still faced obstacles in

accessing justice, often relying on essential state legal services (Beck 2021). This gap in access

underscores the need for a more inclusive and comprehensive approach to justice. Additionally,

other scholars emphasized the importance of enhancing the training of public officials. Improved

training could be a key factor in making Guatemala a leading country in combating violence

against women in the Northern Triangle region (Ruiz 2017, 124).

Peru's approach to addressing feminicide is shaped by a comprehensive legal framework

that considers the nation’s diverse cultural contexts and the variations in societal norms, gender

equality, and gender roles (Delgado and Ayala 2018). This diversity has specifically guided the

development of legislation by informing the scope and definitions within the laws, tailoring them

to address the specific needs and challenges of different communities. This tailored approach

ensures that legal responses to gender-based violence are effective across Peru’s varied social

landscapes, aiming to be inclusive of all women, irrespective of their cultural or regional

backgrounds.

Unlike Guatemala, which uses the term 'femicide' in its legal framework, Peru has

adopted the term 'feminicide' in its statutes, reflected in significant legislative changes to its

Criminal and Criminal Sentencing Codes. Despite the similar legal implications of the terms, the

nuances in Peru's laws are worth noting. In 2013, Law No. 30.068 introduced Article 108B into

the Criminal Code, alongside amendments to Articles 107, 46B, and 46C of the Criminal Code

and Article 46 of the Criminal Sentencing Code. These modifications were specifically aimed at

preventing, punishing, and eradicating feminicide. While Peru's definition of feminicide shares

similarities with Guatemala's definition of femicide—criminalizing the killing of a woman based

on her gender—the Peruvian law encompasses a broader range of circumstances. It includes

coercion, domestic violence, and abuse of power or trust, with aggravated circumstances such as

the victim being pregnant or a minor. These factors lead to a mandatory minimum sentence of no

less than 25 years of imprisonment (Article 108B, Peru Criminal Code), highlighting the

country's comprehensive approach to addressing the nuances of gender-based violence.

Despite these legislative efforts, the rates of female intimate partner homicide and

feminicide in Peru have been increasing since 2013 (UNODC 2019). Statista (2021) revealed

that over 1200 cases of feminicide were reported in Peru from 2010 until October 2020. The

COVID-19 pandemic and subsequent lockdowns further exacerbated the situation, with reports

from Aljazeera in August 2020 indicating that as many as eight women were reported missing in

Peru every day during this period (“Hundreds of Peru Women, Girls Gone Missing,” Al

Jazeera).

This alarming situation in Peru underscores the complexity of effectively addressing

feminicide and related gender-based violence. It highlights the need for a multifaceted approach

that goes beyond legal measures to include social, cultural, and educational interventions that

address the underlying causes of such violence. The rising rates of feminicide, despite stringent

legal provisions, indicate that legal responses must be complemented by broader societal efforts

to combat and prevent violence against women effectively.

This comprehensive analysis of femicide and feminicide laws across South and Central

America underscores a significant evolution in regional approaches to gender-based violence.

My analysis also reveals that from 2006 to 2023, 16 countries in the region have taken the

crucial step of criminalizing femicide/feminicide. This legislative progress reflects a growing

recognition of femicide/feminicide as not only a severe violation of human rights but also an

acknowledgment of the urgent need to address gender-based violence effectively.

Despite these advances, challenges remain, particularly in implementing these laws. In

countries lacking comprehensive legislation on violence against women, responses are often

limited to criminalization within their justice systems. The Belém do Pará Convention calls for

holistic measures encompassing prevention, protection, investigation, reparation, and

criminalization of violence against women (Organization of American States 1994). However,

patriarchal and androcentric biases entrenched in the region's criminal codes often create a

normative context that is insufficient for effectively categorizing and prosecuting such crimes.

This situation is exacerbated by a lack of integration of a gender perspective within the criminal

doctrine, hindering progress towards gender equality.

The legal typologies in the region aim to incorporate the concept of femicide/feminicide

as understood in anthropology and sociology. However, defining typical behaviors in such a

complex phenomenon, characterized by misogynistic motives and societal discrimination and

subordination of women, remains a daunting task (MESECVI 2018). In response to these

findings, MESECVI (2018) recommends that countries lacking comprehensive laws enact

holistic legislation that covers all aspects of gender-based violence, including prevention,

protection, investigation, punishment, and reparations. It also emphasizes the importance of

revising criminal codes to incorporate a gender perspective in the content and definitions of

punishable crimes. This involves eliminating outdated concepts like “an honest woman” or

“modesty” and recognizing the protection of women's right to live free from gender-based

violence as a legal asset. Additionally, MESECVI advises revising ambiguous or overly abstract

legal language in existing definitions of femicide/feminicide, which may impede legal clarity and

effective prosecution (MESECVI 2018).

The analysis highlights the need for a multifaceted approach to addressing

femicide/feminicide, one that integrates legal, social, and cultural perspectives. As the region

continues to confront these challenges, the commitment to evolving and refining legal

frameworks is crucial in the ongoing effort to safeguard women's rights and combat genderbased

violence effectively.

§3. Defining the Crimes: Motives and Factors in Legal Definitions

In part three of my analysis, I reviewed the key factors that constitute the legal definition

of femicide/feminicide across South and Central America. This section collates and summarizes

the specific circumstances, methods, and motives recognized within the legal frameworks across

South and Central America. These factors are critical in legally categorizing an act as

femicide/feminicide and are both varied and complex, reflecting the diverse legal approaches of

each country in the region. For a detailed comparison and visual representation of these factors,

see Appendix 3, Figure 4.

The factors identified varied from country to country, mirroring the different responses to

gender-based violence. They include aspects such as misogyny, hate, or the condition of being a

woman, indicating crimes driven by contempt or hatred for women. Unequal power

relationships, subordination, and gender-based discrimination highlight the systemic and societal

issues underpinning these crimes. The relationship between the victim and the perpetrator is also

considered, including cohabitating partners, non-cohabitating partners, family relations, and

relationships involving trust or authority. Other factors involve exploitation of a vulnerable

situation, the crime occurring in the presence of children, or the victim being pregnant or

postpartum. Additional aspects include denial of freedom of movement or communication,

history of prior violence or attempts to establish or re-establish a romantic partnership, prior or

concurrent sexual violence, oppression and control over life decisions and sexuality, and contexts

such as human trafficking, grievous injuries, and lesions, genital mutilation, group rituals, use as

a weapon of war, vengeance, and the exposure of the victim’s corpse.

MESECVI (2018, 47) highlights a significant gap between the types of

femicide/feminicide outlined in the Latin American Model Protocol for the investigation of

gender-related killings of women and their reflection in legislation. Notably, categories such as

femicide/feminicide among stigmatized professions like sex workers, transphobic

femicides/feminicides, and those linked to human trafficking are often omitted (MESECVI

2018). Only Bolivia and Peru have legislation addressing femicide/feminicide related to human

trafficking. Additionally, there is a notable absence in the criminalization of

femicides/feminicides with international dimensions, such as those classified as genocide, crimes

against humanity, or war crimes, with Colombia being the exception. This discrepancy indicates

a need for broader legislative adaptation to encompass all modalities recommended by

international protocols to ensure comprehensive legal coverage and protection. Given the

significance of these factors, I conducted an in-depth analysis of several through individual case

study chapters. This methodological choice contributes to a richer understanding of

femicide/feminicide in Latin America. By exploring these factors through individual case

studies, I aimed to delve deeper into the complexities and subtleties of femicide/feminicide,

thereby enriching the overall analysis and illuminating the various dimensions of this critical

issue. Critical findings in this comparison demonstrate how diverse legal definitions and

circumstances under which these crimes occur can significantly affect enforcement and

preventive measures. These findings highlight the need for harmonized legal standards and more

robust investigative protocols to effectively address and reduce the incidence of

femicide/feminicide across the region. This detailed examination is essential for grasping the full

scope of femicide in the region, aiding in the development of more effective prevention,

prosecution, and eradication strategies.

Chapter VI

CASE STUDY: ANALYZING MISOGYNY AS A

CONTRIBUTING FACTOR OF FEMICIDE/FEMINICIDE

IN CENTRAL AND SOUTH AMERICAN NATIONS

“When Laura Daniela Hernández was murdered in Guatemala in 2020 by an acquaintance after

rejecting his advances, her death was prosecuted as a femicide driven by misogyny under

Guatemala's Law Against Femicide and Other Forms of Violence Against Women. This case

underscored the deep-seated issues of gender-based violence and misogyny within the country.

Her attacker's refusal to accept her autonomy and his violent response highlighted the urgent

need for rigorous enforcement of laws designed to protect women from gender-based violence

(The Violence of Development 2020).”

This chapter examines how misogyny is incorporated as a factor in femicide legislation

across Central and South America. It identifies that only a few nations explicitly include

misogyny in their legal definitions of femicide, whereas others adopt broader approaches or do

not include misogyny at all. The analysis highlights that effective legislation clearly defines

femicide, incorporating a range of gender-related motives, imposes severe penalties, and

addresses the broader societal impacts of misogyny and gender dynamics. Additionally, the

chapter delves into the intricate relationship between misogyny and gender stereotypes,

demonstrating how misogyny—defined as a deep-seated aversion to women—is often reinforced

by prevailing gender stereotypes. It further explores how the phenomena of misogyny and

machismo are intricately interwoven within Latin American cultures, significantly impacting

societal dynamics and women's security. These findings underscore that misogyny and machismo

are not merely cultural issues but are deeply embedded within societal structures, affecting

women detrimentally. This interplay creates a social environment where challenging traditional

gender roles can lead to stigmatization, discrimination, or aggression, highlighting the intricate

challenges in addressing femicide and the need for effective legal and societal responses.

To further deepen our understanding of these issues, the following sections will

thoroughly analyze the historical perspectives and legislative impacts of misogyny on femicide

across South and Central America. This analysis will explore how several countries have

integrated or failed to integrate a gendered perspective into their femicide laws, assessing the

effectiveness and depth of these legal frameworks.

1. Historical Perspectives

In this chapter, I explore the multifaceted role of misogyny in femicide across South and

Central America. My analysis begins with the historical development of misogyny, examining

how it has influenced legislative responses across these regions. I focus on how several countries

have integrated a gendered perspective into their femicide laws and critically examine those who

have not, highlighting the complex interconnections between misogyny, gender stereotypes, and

transphobic femicide. Additionally, I delve into the entwined dynamics of machismo and

misogyny, unpacking their collective impact as a pervasive cycle of oppression in Latin

American societies. In my analysis, I employ Johnson’s characterization of machismo as an

ideology that endorses and sustains patriarchal authority, perpetuating male dominance through

practices that demean and control women (Johnson 2005). This case study aims to offer a

nuanced exploration of the legal, cultural, and societal dimensions of misogyny and how they

contribute to shaping the phenomenon of femicide.

To fully understand the role of misogyny in femicide, I explore diverse definitions of

femicide and the broader framework of violence against women. Diana Russell initially defined

femicide as “the misogynistic killing of women by men” focusing on misogynistic intent and

gender-based hatred as central elements (Russell as cited by Radford and Russell 1992). Her

expanded definition, “the killing of females by males because they are female,” broadens the

scope to include all forms of sexist killing, covering motives ranging from misogyny to

perceived male entitlement over women or a sense of superiority (Russell and Harmes 2001).

This expanded definition offers a deeper insight into the diverse motivations behind targeted

violence against women. Additionally, the Committee on the Elimination of Discrimination

against Women (CEDAW), through General Recommendation 19 (1992), categorizes violence

against women as a manifestation of gender discrimination, highlighting its roots in broader

gender inequality and rights violations. This perspective emphasizes the discriminatory basis of

such violence, situating it within a broader context of systemic gender issues.

Furthermore, the Declaration on Femicide offers a comprehensive definition, describing

femicide as “the violent killing of women because of gender,” which encompasses occurrences

within family, community, or perpetrated or tolerated by the state actions (MESECVI 2008). This

definition underscores the systemic and multifaceted nature of gender-based violence,

highlighting that it extends beyond individual acts to include institutional and societal

dimensions. In this dissertation, I draw upon these definitions to frame misogyny not merely as

sexist beliefs or discriminatory actions but as a deeply ingrained aversion and bias against

women, impacting various aspects of social and legal structures.

The term misogyny represents a profound and ingrained hostility towards women, which

often materializes through various forms of discrimination and violence across social, political,

and economic arenas. Misogyny functions as an ideology that upholds and rationalizes a

patriarchal system, reinforcing male supremacy through the denigration and subjugation of

women (Johnson 2005). This phenomenon is complex and multifaceted, manifesting explicitly

and subtly. It ranges from direct acts of hostility and aggression to more covert societal norms

and stereotypes, which collectively contribute to the systematic marginalization of women

(Anderson 2014). Through the examination of misogyny in this manner, its significant influence

becomes evident, impacting not just personal attitudes and behaviors but also entrenched within

societal structures, thereby perpetuating widespread gender inequalities.

Academic studies indicate that the origins of misogyny may be found in Greek

mythology, where themes of misogyny are prominently present in Greek literature (Caldwell,

1973; Dickison, 1974; Bloch, 1987). This revelation highlights a longstanding pattern of

genderbased discrimination and subjugation, particularly within the societal structures of ancient

Greece. Women, especially in the aristocracy, faced significant constraints in these societies.

They were often confined within palaces, lacking inheritance rights, and living under the

dominion of their husbands. Furthermore, unmarried women were similarly restricted, with their

autonomy governed by their fathers and brothers (Araswati and Bunga 2022).

Moreover, this historical understanding is enriched when considering the practices

observed in other ancient civilizations, such as those in China and Hindu societies. In these

cultures, the expectation for women to end their lives following their husbands' deaths was a

grim reality (Araswati and Bunga 2022, 20). The now obsolete Hindu ritual of 'sati' is a striking

example of this, where a widow was compelled to self-immolate on her husband's funeral pyre

(Thakur 2017). Such practices vividly illustrate the extreme manifestations of gender-based

violence and the deeply ingrained societal norms that contributed to them that have endured for

centuries.

The term 'sati,' from a Sanskrit meaning 'virtue' or 'goodness,' refers explicitly to the

widow in this context, symbolizing a 'virtuous woman' who follows her husband in death

(Thakur 2017). Lesli (1992) explains that this term encapsulates virtue, personal fortitude, and

spiritual independence. Such interpretations underline the complex societal and religious values

historically associated with the practice, portraying it as an act of ultimate devotion and

selfsacrifice in line with perceived moral and spiritual ideals.

Further adding to these insights, Gilmore (2010) highlights how misogynistic ideas also

permeate old scriptures and various religious teachings across different cultures, often portraying

women in a negative light. This broad historical perspective thus provides essential context for

understanding the deep-seated nature of misogyny and its varied manifestations across cultures

and periods.

2. Legislative Responses to Femicide: Considering Misogyny in Latin American Legal

Systems

In addressing femicide, a notable number of countries have established specific legal

frameworks that underscore the victim's status as a woman, emphasizing the gender-based nature

of these crimes and the societal factors underpinning them. Nations such as Brazil, El Salvador,

Ecuador, Guatemala, Honduras, Nicaragua, Paraguay, Peru, Venezuela, and Uruguay have made

strides in adapting their legal systems to recognize misogyny and hatred towards women as

pivotal motives in prosecuting femicide. These countries have introduced clauses that not only

distinguish femicide from homicide but also incorporate motives and circumstances involving

gender-based discrimination as the root cause of the crime. For instance, El Salvador’s Criminal

Code, in Article 45, specifies femicide with the following definition “He who causes the death of

a woman based on hate or contempt for her status as a woman, will be sentenced to prison for a

term of 20 to 35 years.”1 Similarly, Guatemala’s Law Against Femicide and Other Forms of

Violence includes misogyny as a qualifying circumstance for femicide in Article 6, letter f): “He

who, within the framework of unequal power relationships between men and women, kills

women because she is a woman, commits the crime of femicide, upon the demonstration of any

of the following circumstances: […] f. Because of misogyny.”2 This approach marks a defining

characteristic of femicide/feminicide, centering on the victim's gender as the primary motive for

the crime and establishing it as a distinct criminal offense from homicide.

The implications of this distinction are profound, setting a precedent that not only

categorizes femicide as a severe violation of women's rights but also as a societal issue requiring

1 Criminal Code of El Salvador. Artículo 45.- Feminicidio. Quien le causare la muerte a una mujer

mediando motivos de odio o menosprecio por su condición de mujer, será sancionado con pena de prisión de veinte a

treinta y cinco años.

2 Ley Contra el Femicidio Y Otras Formas de Violencia Contra La Mujer. Artículo 6. Femicidio. Comet eel

delito de femicidio quien, en elm arco de las relaciones desiguales de poder entre hombres y mujeres, diere muerte a

una mujer, por su condición de mujer, valiéndose de cualquiera de las siguentes circunstancias: […] f. Por misoginia.

targeted legal measures. By explicitly defining femicide and acknowledging the gender-based

motives behind these acts, the legal systems in these countries offer a more structured and

effective framework for prosecution. This legislative specificity helps in educating the judiciary

and law enforcement about the unique aspects of gender-based violence, thereby enhancing the

effectiveness of legal proceedings and potentially leading to higher conviction rates. Moreover, it

serves a dual purpose of deterrent and educational tool, sending a clear message to society about

the severity and unacceptability of misogyny-driven violence against women.

However, as Deus and Gonzalez (2018) note, challenges emerge due to the

sometimesvague articulation of motives in legal texts, with phrases like “he who kills a woman

because she is a woman” or “he who kills within the context of a relationship based on an

unequal power structure.” Including motive in legal texts is essential because it establishes the

specific intent behind a crime, distinguishing acts of femicide from other forms of homicide.

This distinction is essential in cases of femicide, where the act is driven by misogyny, hate, or

contempt toward women, categorizing it as a form of targeted violence. By clearly defining the

motive, laws aim to address the underlying societal issues that give rise to such crimes and

provide a foundation for enhanced penalties to deter this specific type of violence (Boeckmann

2002).

The lack of precision in defining these motives can create significant challenges in

proving them in court since legal standards for establishing 'motive' are not clearly outlined. This

ambiguity may impede the effective prosecution of femicide cases, forcing prosecutors to

navigate complex issues in demonstrating that the crime was truly motivated by gender biases or

power imbalances rather than other factors. This ambiguity can complicate the legal process and

might lead to inconsistent application of the law, thereby impacting the overall efficacy of

legislation aimed at reducing gender-based violence. The broad definitions used in these legal

texts can obscure the specifics of punishable acts, further complicating the legal prosecution

process (Deus and Gonzalez 2018, 36). Building on this discussion, I analyzed how South and

Central American nations’ legal system addresses gender-based hatred and misogyny. This

country-by-country analysis was conducted to evaluate the nuances and evaluate the

effectiveness of each legislative approach enhancing my understanding of how these countries

tackle the complex issue of femicide within their legal frameworks. I specifically explored how

misogyny and gender-based motives are integrated into the legal definitions of femicide and

feminicide across the region. My goal was to assess the strength of each country's legislation in

terms of comprehensiveness, specificity, and robustness. The assessment criteria included the

clarity of the definition of femicide, the range of circumstances recognized, the explicitness of

gender-related motives, and the severity of the penalties imposed.

In the subsequent analysis of femicide legislation across South and Central America, I

categorize the laws based on their explicit recognition of misogyny as a key element of femicide

and their specific legal provisions. This categorization reveals four distinct levels of legislative

specificity and enforcement: strong, moderate, weaker, and weakest. Each level reflects the

extent to which misogyny is addressed directly within the legal frameworks.

§1. Analysis by Country of Strongest Legislation Against Femicide

Strongest Legislation

I define “strong legislation” regarding femicide as laws that explicitly define the crime,

incorporating a wide range of circumstances and specifically addressing misogyny. These laws

recognize misogyny as an essential element, emphasize the gender-specific nature of these

crimes, and prescribe severe penalties. Such a comprehensive approach ensures that the legal

system robustly addresses the complexities and nuances of femicide, offering substantial

protection and serving as a deterrent against these gender-based crimes. Upon analysis,

countries that have notably strong legislation on femicide that incorporates misogyny include:

•Guatemala features prominently with its Law against Femicide and Other Forms of

Violence Against Women. This law is particularly robust because it not only defines

femicide explicitly, including a wide range of circumstances and specifically addressing

misogyny but also prescribes severe penalties.

•Nicaragua recognizes misogyny as an essential element in its legal approach to femicide

in its Comprehensive Law against Violence against Women” (Law N° 779, 2012).

•El Salvador's Special Comprehensive Law for a Life Free of Violence for Women also

ranks highly due to its detailed articles that clearly define femicide with explicit

genderrelated motives and substantial penalties.

•Brazil's Penal Code effectively categorizes feminicide as a type of homicide, with a clear

emphasis on domestic violence and gender-based motives. It is strong due to its clarity in

focusing on the gender-specific nature of these crimes and enhanced penalties for

breaches within domestic settings.

These countries have structured their legal definitions and penalties to reflect a deep

understanding of the gender dynamics at play in femicide cases. Guatemala’s legislation

exemplifies a deep understanding of the gender dynamics involved in femicide cases. The “Law

against Femicide and other forms of violence against women” (Decree 22-2008) specifically

addresses femicide within the broader scope of gender-based violence. Article 3 e) defines

femicide as the violent death of a woman arising from unequal power relationships and

genderbased power dynamics, highlighting the underlying issues of gender inequality.

Additionally, Article 6 specifies that killing a woman due to her gender, within these power

imbalances, constitutes femicide and specifically includes misogyny as a punishable

circumstance. This approach not only distinguishes femicide from homicide but also emphasizes

the role of gender biases and societal attitudes in perpetuating such violence, recognizing

misogyny as a fundamental motivator.

Nicaragua, following Guatemala’s example, recognizes misogyny as an essential element

in its legal approach to femicide. This is evident in the “Comprehensive Law against Violence

against Women” (Law N° 779, 2012), where Article 9, specifically in clause f), explicitly

identifies misogyny as a significant factor in the definition of femicide. This legal

acknowledgment highlights the understanding that gender-based prejudices and hatred play a

critical role in acts of violence against women, marking a significant step in addressing the

complexities of gender-based violence in the legal sphere.

In El Salvador, femicide is comprehensively addressed under the "Special

Comprehensive Law for a Life Free of Violence for Women" (Decree No. 520 2012). Article 45

defines femicide as the killing of a woman driven by hate or contempt for her gender, detailing

scenarios such as previous violence or exploitation of vulnerability. Penalties range from 20 to

35 years. Article 46 increases penalties to 30 to 50 years under aggravated circumstances,

including actions by public officials, multiple assailants, or abuse of trust. This legislation not

only clarifies femicide's gender-based motives but also acknowledges the severity and

complexity of these crimes through its stringent legal provisions.

In Brazil, feminicide is specifically categorized under Article 121 of the Penal Code as a

distinct type of homicide, applicable in cases of domestic violence or when a murder is gender

motivated. The statute specifies the crime as one committed against a woman “based on

contempt for the victim’s status as a woman,” underscoring the gender-based motive essential for

legal prosecution. The influence of traditional gender views within Brazilian society, deeply

rooted in patriarchal norms, significantly shapes these legal definitions (IACHR 2019). The

prevailing patriarchal structure valorizes male roles as providers and protectors, promoting

stereotypical masculine qualities (Santos 2012). In contrast, female roles are often confined to

obedience and subservience, with societal expectations discouraging behaviors that deviate from

these norms, such as assertiveness (Beattie 1996; Spence and Buckner 2012). This cultural

backdrop not only molds societal interactions but also impacts the legal and social handling of

gender-based violence, including the specific crime of feminicide.

Overall, strong legislation on femicide is characterized by laws that clearly define the act

of killing a woman and encompass a broad range of circumstances, explicitly recognizing

misogyny as a key contributing factor. This detailed legal framework ensures that femicide is

distinctly differentiated from homicide, enabling more effective enforcement, and addressing the

specific motivations behind these crimes.

Moderately Strong Legislation

I define “moderately strong legislation” regarding femicide as laws that acknowledge the

gender-based motives behind the crime and incorporate elements of power dynamics but may not

specifically highlight misogyny as a central element. These laws still provide clear definitions

and substantial penalties but are slightly less comprehensive in their explicit focus on misogyny

compared to the strongest legislation. Such legislation acknowledges the gender dynamics and

power imbalances inherent in femicide cases but does so without the detailed focus on misogyny

as the primary driver. Countries with notably moderate legislation on femicide include:

•Ecuador - Ecuador’s Criminal Code includes detailed definitions that acknowledge

power relations and gender motives, with penalties of up to 26 years for femicide: “The

person who kills a woman because she is a woman, within the context of a power

relationship manifested in any type of violence, will be sentenced to prison for a term of

22 to 26 years.” The inclusion of power dynamics is significant, though slightly less

comprehensive in scope compared to Guatemala and El Salvador which specifically

mention misogyny.

•Peru - Has a broad approach by including a range of circumstances under which

feminicide can be prosecuted, such as coercion, domestic violence, and abuse of power.

Peru’s Criminal Code, Article 108-B. Feminicide states: “He who kills a woman because

she is a woman under any of the following circumstances will be subject to a sentence not

less than 15 years. 1. Domestic violence; 2. Coercion, harassment, or sexual harassment;

3. Abuse of power, trust, or any other position or relationship that confers authority on the

perpetrator.”

Overall, moderately strong legislation recognizes gender-based motives behind femicide

and includes scenarios where men exert significant control over women. These laws offer clear

definitions and substantial penalties but fall short of fully addressing specific misogynistic

motivations that often drive femicide. Consequently, this type of legislation effectively identifies

the influence of gender and power imbalances but may not adequately confront the deeper

societal misogyny that frequently underpins such violence.

Weaker Legislation

I define “weaker legislation” regarding femicide as laws that recognize gender-based

violence but do not explicitly address misogyny, and often restrict their applicability by requiring

specific conditions such as pre-existing relationships or additional circumstances beyond the

motive to classify an act as femicide. Countries with notably weaker legislation on femicide

include:

•Argentina’s Criminal Code under Article 80, clause 11, introduced by Law N° 26.791,

specifies femicide as a particularly aggravated homicide when a woman is killed based

on gender motives enacted by a man. While this approach is robust in terms of legal

clarity and severity of punishment, it doesn't explicitly single out misogyny, focusing

instead on the broader context of gender-based violence.

•In Honduras, the legal framework for femicide is outlined in Article 118-A of the

Criminal Code, which states explicitly that femicide is committed by “The man or men

who kill a woman based on her gender, with hate or contempt for her status as a woman.”

This definition, however, narrowly confines the crime to instances where both a specific

motive and circumstance are present concurrently, limiting its broader application.

•In Colombia, the criminal code under Article 104 A specifies femicide as a crime

committed when someone "causes the death of a woman because she is a woman,

because of her gender identity, or under specific circumstances." While the law lists

comprehensive situations involving gender-based violence, it potentially limits the scope

by specifying the need for previous or existing relationships or cycles of violence, which

may not encompass all instances of gender-based violence.

Weaker legislation on femicide typically recognizes gender-based violence but does not

explicitly address misogyny. These laws often limit their scope by requiring specific conditions

such as pre-existing relationships or additional circumstances beyond the motive to classify an

act as femicide. This results in legislation that, while identifying gender as a factor in these

crimes, lacks the depth to fully engage with the misogynistic underpinnings that often drive such

violence. Consequently, this approach may fail to provide a comprehensive legal response to the

complex nature of femicide, potentially leaving significant gaps in protection and enforcement.

Weakest Legislation

I define “weakest legislation” regarding femicide as laws that focus narrowly on

relationship dynamics, significantly limiting their scope by primarily addressing femicide within

the context of intimate or known relational dynamics. This approach fails to fully address the

broader issues of gender-based hatred and societal misogyny, overlooking the broader dynamics

and root causes that contribute to femicide, thus providing the least protection and deterrence

against these gender-based crimes. Countries with notably weak legislation on femicide include:

•Bolivia's Criminal Code, under Article 252 bis, stipulates femicide penalties involving

specific circumstances, primarily focused on intimate or relational contexts. The law

defines the crime in scenarios such as spousal or intimate relationships, which may not

adequately address the broader societal factors contributing to gender-based violence.

•In Chile and Costa Rica, the legislation predominantly addresses femicide in the context

of intimate partner violence. For instance, Costa Rica's Law for the Criminalization

Against Women, under Article 21, specifies that femicide occurs when "He who kills a

woman with whom he maintains a marriage or a declared or undeclared relationship."

This legal approach categorizes femicide within a narrower scope, focusing primarily on

relationship dynamics, which may overlook broader societal and misogynistic motives

that contribute to gender-based violence.

•Panama's legislation, under Article 132-A of the Criminal Code, defines femicide within

various specific circumstances, including relationship dynamics and situations where the

victim's vulnerability is exploited. The law prescribes a penalty of 25 to 30 years in

prison, which, although substantial, focuses heavily on relationship dynamics and might

not fully address broader issues of gender-based hatred that do not fit within these

scenarios.

•In Venezuela, the Organic Law on the Right of Women to a Life Free from Violence,

particularly Article 57, outlines femicide as a crime driven by hatred or contempt for

women, punishable by 20 to 25 years in prison. The law specifies conditions that reflect

gender-based violence but focuses primarily on intimate and known relational dynamics,

potentially overlooking wider societal misogyny and less overt forms of gender-based

violence.

The weakest legislation on femicide is characterized by laws that concentrate mainly on

dynamics within intimate relationships, thus significantly narrowing their scope. This legislative

approach tends to address femicide primarily within the context of existing personal

relationships, failing to account comprehensively for the broader societal factors such as

entrenched misogyny and generalized gender-based hatred. As a result, these laws offer minimal

protection and are least effective in deterring the wider range of circumstances that can lead to

femicide.

Consequently, the most effective legislation not only clearly defines femicide, including a

range of gender-related motives, but also imposes severe penalties and acknowledges the broader

societal impacts of misogyny and gender dynamics. Conversely, weaker legislations often have

more limited scopes, focusing narrowly on intimate relationships or lacking detailed provisions

to address the underlying misogyny. These variations in legal approaches highlight areas where

countries could enhance their frameworks to address better and prevent femicide.

The following table provides a visual representation of the legislation’s strength from

strongest to weakest based on the criteria mentioned above:

This variation points to the complex interplay of cultural, societal, and legal factors in

shaping each country's approach to femicide. The societal perceptions of gender-based violence

in these countries might lead to different emphases in legal definitions and the scope of

legislation. Moreover, the evolution of legal systems is a dynamic process. These countries may

be at different stages in developing their legal responses to gender-based violence. Progressive

legal reforms, shifts in societal dialogue, and changes in public policy can gradually lead to the

incorporation of specific language recognizing misogyny as a motive for femicide.

3. Intersecting Realities: Misogyny, Gender Stereotypes, and Transphobic Femicide

There is an intersectional dynamic between misogyny, gender stereotypes, and

transphobic femicide. Misogyny, defined as a deep-seated aversion and bias against women, is

often entrenched and perpetuated by prevailing gender stereotypes (Srivastava et al. 2017). The

United Nations Human Rights Council (UNHRC) argues these stereotypes are oversimplified

beliefs or assumptions about the traits, characteristics, or roles suitable for men and women

(UNHRC 2014). Such stereotypes lead to a society where violence becomes normalized against

individuals who defy traditional gender roles, leading to increased instances of femicide. This is

notably prevalent among transgender individuals who are often targeted due to their gender

nonconformity (Thoreson 2021).

The cyclical nature of this relationship is evident: gender stereotypes lay the groundwork

for misogyny to flourish, and in turn, misogyny reinforces these stereotypes. These stereotypes

confine men and women into rigid roles—men as dominant and aggressive, women as

submissive and passive. This not only constrains individual potential but also systematically

diminishes women's roles and contributions, particularly in regions like Central and South

America, where women are often relegated to domestic and reproductive roles.

Importantly, gender-stereotyped femicide extends beyond women. This includes cases

driven by hate, where the target of the violence is perceived as not adhering to the conventional

role expected of a woman. A notable instance of this broader interpretation is transphobic

femicide, which is the murder of a transgender or transsexual woman motivated by hatred or

rejection of her transsexual condition or gender identity (Deus and Gonzalez 2018). This form of

femicide highlights the lethal consequences of extreme prejudice against those who challenge

traditional gender norms and identities. In scholarly discussions, transphobic femicide, or

transfemicide, is described as the most visible and final expression of a series of structural

violence. This violence is deeply rooted in a cultural, social, political, and economic system that

is structured around an exclusive binary division of gender (Radi and Sardá-Chandiramani

2016). The predominant religious views in numerous Latin American countries typically endorse

only binary, heterosexual identities. As a result, crimes against transgender individuals,

particularly transfemicides, often go under investigated. Emerging new research from

international sources demonstrates that Latin America is also home to some of the highest levels

of trans murder (TGEU 2024). The situation is particularly dire in Brazil, which, as highlighted

by Transgender Europe (TGEU), has the highest recorded number of transgender murders

globally from 2008 to 2023, with over 1000 cases (TGEU 2024). This alarming statistic mirrors

the similarly high numbers of femicides in the country, pointing to a deep-seated issue with

gender-based violence. The scale of violence against transgender individuals particularly reflects

extreme manifestations of ingrained societal gender stereotypes, often resulting in tragic

outcomes.

This neglect is further exacerbated in regions where official procedures and authorities do

not recognize the chosen identities of these individuals, leading to misidentification and

additional barriers to pursuing justice. At times, violence is even carried out at police stations or

by authorities at the time when a trans person is seeking to report gender-based violence

(Thoreson 2021). In a landmark legal development in 2018, Colombia achieved its first

prosecution and conviction of a transphobic femicide, marking a significant advancement since

the enactment of a comprehensive femicide law in 2015. In this pivotal case, a transgender

woman named Anyela Ramos Claros was tragically murdered after leaving a nightclub in the

early hours. Her death brought significant media attention and public outcry, which propelled the

judicial system to take decisive action (Equal Eyes 2018). This case was particularly notable as it

successfully utilized Colombia's 2015 femicide law, which had been specifically designed to

address gender-based killings but had not been previously applied to trans victims.

The prosecution of Anyela's killer under this law set a crucial precedent, recognizing

transphobic violence within the broader framework of gender-based violence. This legal

acknowledgment was vital in underscoring the need to address all forms of misogyny and

gender-based discrimination, highlighting the importance of recognizing the diverse and

complex experiences of those affected by such oppressive structures. It demonstrated a critical

evolution in legal and social domains (Acevedo 2018).

4. Machismo and Misogyny: A Cycle of Oppression in Latin America

The phenomena of misogyny and machismo are intricately interwoven in Latin American

cultures, exerting a profound impact on societal dynamics and women's security. Machismo,

which embodies an intense and often aggressive masculine pride, promotes male dominance

across various life aspects (Prieto-Carrón et al. 2007; Wilson 2014). This cultural ethos, deeply

embedded in many Latin American societies, tends to glorify traits like strength and

assertiveness in men while simultaneously enforcing restrictive and subordinate roles for women

(Kimelblatt 2016). Examining misogyny and machismo is not only relevant but essential, given

their profound implications for women's security. Machismo in Latin America significantly

influences women's lives, manifesting as dominance, violence, and subordination across various

societal levels. This situation highlights that misogyny and machismo are not merely cultural

issues but are deeply embedded within societal structures, impacting women in many detrimental

ways. Recognizing and tackling these problems are not just cultural imperatives; they have

substantial policy implications. Addressing these issues aims to reduce their negative effects and

move toward a society where women's safety and equality are paramount.

Furthermore, machismo contributes to an environment where misogyny – the entrenched

prejudice against women – thrives. It perpetuates a societal framework where men are expected

to exert power and authority, often at the expense of women's rights and equality. Some scholars

note that in cultures where machismo dominates, men who do not display physical dominance in

their relationships are often criticized by others for not being ‘macho’ enough, linking domestic

violence and abuse to expectations of masculinity (Englander et al. 2012). This cultural norm not

only justifies but also often glorifies male dominance, leading to a wide range of gender

inequalities and, in extreme cases, violence against women.

The interplay between misogyny and machismo creates a complex social fabric where

challenging traditional gender roles can result in stigmatization, discrimination, or aggression

(Luffy et al. 2015). Lagarde (2012) argues that the oppression of women is intricately connected

to the interaction between machismo and misogyny. This complex relationship not only fuels

gender-based violence against women but also contributes to the perpetuation of male impunity.

It reinforces a cycle where machismo, misogyny, lesbophobia, and homophobia are prevalent,

intertwining with and exacerbating existing issues of racism and sectarianism. Other scholars

suggest that the family unit is the primary environment where machismo, rooted in patriarchal

principles, is effectively imparted, absorbed, and perpetuated (Quinones Mayo and Resnick,

1996; Intindola et al. 2016).

Chapter VII

CASE STUDY: ANALYZING UNEQUAL GENDER POWER

RELATIONSHIPS AS A FACTOR IN DETERMINING

FEMICIDE/FEMINICIDE – EXPLORING THEIR

INFLUENCE IN FEMICIDE INCIDENTS IN CENTRAL

AND SOUTH AMERICAN NATIONS

"When Arlette Contreras was violently attacked by her ex-boyfriend in a hotel room in

Ayacucho, Peru, in 2015, the incident was captured on surveillance cameras, bringing shocking

visibility to the issue of femicide in the country. Despite the clear evidence, the legal battle faced

numerous setbacks, and after 11 years from the attack, her aggressor was convicted of tentative

to femicide. Arlette's relentless pursuit for justice and the public outcry it generated marked the

beginning of the "Ni Una Menos" movement in Peru, a significant public stand against

genderbased violence and the systemic power imbalances that often protect perpetrators.

(BBC News Mundo 2019”

This chapter explores the significant role of unequal gender power relationships in

incidents of femicide and feminicide across Central and South America. It examines how these

power disparities contribute to gender-based violence and evaluates their incorporation into legal

frameworks for prosecuting such crimes. A key finding is that formally recognizing gender

power imbalances within the legal definitions of femicide significantly improves the judicial

system's approach to understanding and addressing gender-based violence. This acknowledgment

is crucial for comprehending and addressing the root causes of such violence, underscoring the

importance of codifying these dynamics within femicide laws to shape both prosecution and

prevention efforts effectively. This approach highlights the necessity of legal frameworks that

comprehensively address the systemic nature of gender-based violence.

To further deepen our understanding of these issues, the following sections will

thoroughly explore how different legal systems across Central and South America recognize and

integrate the concept of unequal gender power relationships within their frameworks for

addressing femicide. This analysis assesses the effectiveness of these legal approaches and their

ability to address the underlying dynamics of gender-based violence comprehensively.

Latin America, marked by significant levels of inequality and poverty, experiences

various forms of discrimination, with gender inequality being particularly pervasive. As

highlighted by the United Nations Economic Commission for Latin America and the Caribbean

(ECLAC), the connection between gender violence and discrimination is inextricable and crucial

for understanding violence against women in the region (ECLAC 2007). This context sets the

stage for how different nations approach legal frameworks concerning crimes influenced by

gender dynamics.

In this chapter of my dissertation, I delve into the multifaceted role that power imbalances

play in cases of femicide across various Latin American countries. I critically examine how

different legal systems interpret and integrate the concept of unequal power relationships in the

context of femicide. My analysis thoroughly explores legislative frameworks, highlighting how

these power dynamics are recognized and treated in the laws of countries such as Ecuador,

Colombia, Peru, Guatemala, Nicaragua, and Venezuela. The chapter seeks to offer an in-depth

analysis of the legal subtleties and social consequences of these power disparities, examining

their effect on how femicide is categorized and pursued legally. Through this examination, I

contribute to a deeper insight into the complexities of gender-based violence and the legal

responses it elicits, reflecting on the necessity for ongoing analysis and tailored interventions in

addressing this pervasive issue in Latin America.

The significance of unequal power relationships between men and women has been

acknowledged internationally in key documents. The UN Committee on the Elimination of

Discrimination Against Women’s General Recommendation 19 explicitly describes violence

against women as discrimination that hinders their equal rights and freedoms (CEDAW 1992).

This perspective was first prominently featured in the Declaration on the Elimination of Violence

against Women in 1993, recognizing such violence as a manifestation of historic power

imbalances between genders, thereby constituting a human rights violation (UN 1993).

Furthermore, the Organization of American States’ Committee of Experts on Violence,

referencing the Belém do Pará Convention (Organization of American States 1994), underlines

that violence against women is characterized not by its location but by existing power relations

and the nature of the victims’ relationships with their aggressors (ECLAC 2007). This

perspective emphasizes the need to understand further and dismantle these power imbalances to

effectively combat violence against women, suggesting a deeper exploration of both the

underlying mechanisms and necessary measures for eradication.

Much like misogyny, the concept of unequal power relationships between genders is

recognized differently across Latin American countries in the context of criminal law. In some

nations, these power imbalances are considered a precondition for all crimes, forming an

underlying legal interpretation and prosecution basis. In contrast, other countries view unequal

power relationships as one of several contributing factors or circumstances that influence the

classification of a specific crime. To better illustrate these differences, I have compiled a visual

representation highlighting the nuances between the countries' legislation. This aids in drawing

clear comparisons and understanding the extent to which each country recognizes and prosecutes

femicide in the context of gender-based power dynamics.

The main takeaways from this analysis are the distinct national approaches to integrating the

concept of power imbalances into femicide legislation:

Strongest Legislation

The strongest legislation in regions like Guatemala and Nicaragua incorporates explicitly

the concept of unequal gender power relationships into femicide laws. This approach makes it

easier to distinguish femicide from other homicides by emphasizing that these crimes are defined

not by location but by the power dynamics and relationships between the victim and the

aggressor. Such laws provide clear guidelines for prosecuting femicide, enhancing the legal

process by focusing on the root causes—gender-based power imbalances. This not only aids in

holding aggressors accountable but also ensures a thorough judicial response to address the

fundamental issues at the heart of femicide.

•Guatemala's Law Against Femicide and Other Forms of Violence Against Women

(Article 6) explicitly centers power imbalances as the critical element defining femicide.

The law characterizes femicide as occurring specifically within the context of unequal

power relations between men and women, stating, “He who, within the framework of

unequal power relationships between men and women, kills women because she is a

woman, commits the crime of femicide.” This direct linkage places Guatemala at the

forefront in emphasizing power dynamics as integral to understanding and prosecuting

femicide.

•Nicaragua: Like Guatemala, Nicaragua’s Comprehensive Law Against Violence Against

Women (Article 9) emphasizes femicide within the context of unequal power relations.

The law explicitly states, "He who, within the context of an unequal power relationship

between men and women, kills a woman in the public or private sphere, commits the

crime of femicide." This articulation places power imbalances at the center of its legal

framework for femicide, highlighting their pivotal role in shaping the legal understanding

and prosecution of such cases.

Moderately Strong Legislation

Moderately strong femicide legislation recognizes power imbalances as important but not

the sole factor in defining femicide. This type of legislation often considers a variety of factors

that contribute to gender-based violence. While power dynamics are acknowledged, they are

included as part of a wider set of circumstances in the legal definition of femicide. This ensures

that the law captures the complexity of factors leading to femicide without focusing exclusively

on power imbalances. Countries like Colombia, Ecuador, and Panama exemplify this approach,

embedding power dynamics within a broader legal context that addresses multiple aspects of

violence against women.

•Colombia: In Colombia's legal system, under the Rosa Elvira Cely Law, power

imbalances are acknowledged in the context of femicide, but they are just one of many

factors considered, not the central element of the crime: Article 104A c. “Commits the

crime while exploiting a relationship of unequal power over the women, expressed as

personal, economic, sexual, military, political or socio-cultural hierarchy.” This

demonstrates a holistic approach that values the complexity of power relations in the

broader landscape of gender-based violence.

•Ecuador: The Criminal Code of Ecuador (Articles 141-142) adopts a nuanced

perspective where power imbalances are acknowledged as significant but not singular

factors in defining femicide. Article 141 defines femicide as the killing of a woman

arising from any form of violence, where power relations play a crucial role: “The person

who kills a woman because she is a woman, within the context of a power relationship

manifested in any type of violence”. However, this definition indicates that while power

dynamics are essential, they are part of a broader array of considerations that influence

the legal classification of the crime.

•Panama: The Criminal Code of Panama (Article 132-A) addresses femicide by

acknowledging unequal power relationships as one of several factors that can lead to the

classification of a crime as femicide. Specifically, the law states that a murder qualifies as

femicide when it occurs "for any reason generated by virtue of the victim being a woman

or within the context of an unequal power relationship." This inclusion signifies that

while Panama recognizes the role of power imbalances, these are treated as part of a

broader set of conditions that collectively define femicide without placing exclusive

emphasis on power dynamics alone.

Weaker Legislation

Weaker legislation on femicide tends to recognize unequal gender power relationships but

doesn't focus on them as the main factor in legal definitions. In countries like Bolivia, El

Salvador, Peru, and Venezuela, laws mention situations where men overpower women, but these

are just one aspect among many considered in legal proceedings. This scattered approach can

dilute the focus on the gender-based power disparities that are often central to these crimes,

making it more challenging to address the root causes effectively and consistently in the

courtroom.

•Bolivia: The Criminal Code of Bolivia (Article 252 bis) approaches power dynamics

within the context of feminicide, placing them alongside other contributing factors. The

law highlights power imbalances by specifically noting cases where the victim is in a

position of subordination or dependency relative to the perpetrator or has a personal,

work, or acquaintance relationship with the perpetrator. This inclusion recognizes power

dynamics, yet like Peru, it does not isolate these dynamics as the central focus but treats

them as one of several important factors in the legal classification of feminicide.

•El Salvador: The "Special Comprehensive Law for a Life Free of Violence for Women"

(Decree No. 520 2012) in El Salvador includes a nuanced approach to addressing power

imbalances in the context of femicide. Article 45 specifically outlines that femicide

occurs when the perpetrator exploits a situation of gender-based unequal power in

combination with actions driven by hate or contempt for women. This legislation requires

that both elements—unequal power dynamics and the motive of hate or contempt—be

present and identified collectively for an act to be legally classified as femicide. This dual

requirement emphasizes the complexity of power imbalances as integral yet

interdependent with other critical factors.

•Peru: The Criminal Code of Peru (Article 108-B) implicitly incorporates power

dynamics within its definition of feminicide, contextualizing them alongside other factors

like domestic violence and coercion. This approach does not isolate power imbalances as

the predominant factor but recognizes them as one of several contributing elements. This

placement suggests a broader understanding of power relations, viewing them within a

composite framework of circumstances that collectively influence the classification of

feminicide.

•Venezuela: The Organic Law on the Right of Women to a Life Free From Violence

(Article 57) in Venezuela acknowledges power dynamics as part of a broader spectrum of

factors that define femicide. This law identifies scenarios like gender-based control or

subjugation and lists conditions such as sexual violence, exposure of the victim's body in

public, and exploitation of the victim’s vulnerability, which reflect power imbalances.

However, these elements are considered along with other circumstances, indicating a

comprehensive but less centralized focus on power dynamics in the legal classification of

femicide.

Weakest Legislation

The weakest legislation on femicide fails to incorporate or mention unequal gender power

relationships, which are crucial to fully understanding and addressing these crimes. This

omission results in a superficial approach to tackling the systemic and structural issues that lead

to femicide, including the critical power imbalances that often underlie gender-based violence.

Countries such as Argentina, Brazil, Chile, Costa Rica, Honduras, Paraguay, and Uruguay

exemplify the weakest legislative standards in this regard. Their legal frameworks lack specific

provisions to recognize and address the power dynamics between genders, significantly reducing

their effectiveness in addressing the complexities of gender-based violence comprehensively.

This failure not only limits the scope of legal protection but also undermines the efforts to

address the root causes of femicide effectively.

The analysis of power imbalances reflected in the legal frameworks of countries in the

region is particularly pertinent when considering the hypothesis that greater gender inequality in

a country correlates with higher femicide rates. The femicide rates for 2022, as presented in an

earlier chapter, provide a stark numerical context to this discussion. Countries like Brazil and

Honduras, with the highest reported cases of femicide (1437 and 309, respectively), suggest a

grim reality that necessitates a closer examination of their legal frameworks and societal contexts

(CEPALSTAT 2023). Conversely, countries like Chile, Nicaragua, and Costa Rica report

significantly lower rates (43, 19, and 19), which might imply more effective mechanisms of

control and prevention or differences in reporting and sociocultural dynamics (CEPALSTAT

2023).

The legal consideration of power imbalances plays a crucial role in understanding this

variance. For instance, Guatemala and Nicaragua explicitly position power imbalances at the

core of their legal definitions of femicide, suggesting a robust legal acknowledgment of gender

dynamics as a central element of such crimes. This is theoretically aligned with a proactive

approach to addressing the root causes of femicide, yet the femicide rates in these countries (91

and 19, respectively) present an intriguing contrast: Nicaragua's lower rate could be seen as

indicative of effective legal deterrence, while Guatemala's comparatively higher rate might

suggest other complicating factors such as enforcement efficacy or societal attitudes that

transcend legal stipulations.

Conversely, countries like Venezuela and Peru, which recognize power dynamics but do

not prioritize them exclusively, exhibit moderate femicide rates (94 and 147, respectively). This

could suggest that while legal frameworks are crucial, their effectiveness is likely moderated by

other factors, including economic conditions, cultural norms, and the overall gender equality

status in the country.

Interestingly, the analysis highlights those countries with a more nuanced and inclusive

legal approach to power dynamics—such as Ecuador and Colombia—do not necessarily show

lower femicide rates, which could challenge the hypothesis that more comprehensive legal

frameworks straightforwardly correlate with reduced rates of gender-based violence. This

underscores the complexity of femicide as a social issue, which is not solely contingent on legal

definitions but also deeply intertwined with broader societal and cultural factors.

This exploration leads to a critical reflection on the relationship between legal

frameworks, societal norms, and femicide rates. It appears that while explicit legal recognition of

power imbalances and gender dynamics is foundational, its impact on femicide rates is

influenced by a constellation of factors, including but not limited to effective law enforcement,

societal attitudes towards gender equality, and the presence of support systems for potential

victims.

Thus, the findings suggest that addressing femicide effectively requires a multifaceted

approach that goes beyond legislation to include societal education, cultural shifts, and enhanced

support systems for women. Factors like misogyny and power imbalances collectively contribute

to either the perpetuation or the reduction of femicide in the region, indicating that the battle

against femicide is as much about changing hearts and minds as it is about refining legal texts.

This comprehensive understanding is vital for developing strategies that genuinely reduce the

incidence of femicide and support the broader goal of achieving gender equality.

Chapter VIII

CASE STUDY: HUMAN TRAFFICKING AS A PRECURSOR TO

FEMICIDE - INSIGHTS FROM BOLIVIA AND PERU'S LEGAL

FRAMEWORKS

"When Johana Ramallo, a 23-year-old woman, vanished on July 26, 2017, in La Plata,

Argentina, her disappearance was deeply entwined with human trafficking networks. Her case

underscores the dire implications of trafficking on women's safety and highlights the severe risks

women face under such exploitative conditions. Johana's disappearance, which remains

unresolved, exemplifies the critical intersections of human trafficking and femicide, spotlighting

the vulnerabilities that women face within these illicit networks (El Día de La Plata 2023).”

This chapter explores the complex relationship between human trafficking and femicide,

examining how these severe human rights violations interact and impact women and girls in

Central and South America. It specifically focuses on Bolivia and Peru, where the legal

frameworks explicitly acknowledge human trafficking as a contributing factor to femicide. This

analysis assesses why some nations have chosen to legislate human trafficking within the context

of femicide, exploring the social and legal catalysts behind these decisions. It also considers why

other countries in the region have not recognized human trafficking in their legal definitions of

femicide despite clear links established by international frameworks.

The exploration extends to understanding the socio-political, legal, and cultural dynamics

that drive legislative approaches to both femicide and human trafficking, uncovering the

challenges in formulating effective laws against gender-based violence. This comprehensive

analysis contributes to the global discourse on women's rights, advocating for legislative

strategies that encompass a broader recognition of the interconnected nature of violence against

women. Such strategies are crucial for enhancing international efforts to protect women's rights

and improve their safety and well-being.

To further deepen our understanding of these dynamics, the following sections will

critically examine the legal frameworks of Bolivia and Peru. These countries have been leaders

in including human trafficking as a specific element in their femicide laws. This approach offers

important insights into how such legal frameworks can address the complexities of gender-based

violence in the region.

1. International agreements and laws regarding human trafficking and femicide

The global framework for human rights has established specialized measures to safeguard

women from acts of violence like human trafficking and femicide. This approach is influenced

by gender-specific roles and stereotypes historically assigned to women in society, highlighting

the critical need for explicit recognition and protection of women's rights. Central to

understanding the protective frameworks regarding human trafficking and femicide is defining

the terms that underpin these.

Human trafficking, as defined by the Protocol to Prevent, Suppress and Punish

Trafficking in Persons Especially Women and Children (UN TIP 2000), involves a variety of

actions such as recruitment, transportation, transfer, harboring, or receipt of persons. These

actions are carried out through methods such as force, coercion, abduction, fraud, deception, or

the abuse of power. This leads to multiple forms of exploitation, including sexual exploitation,

forced labor, practices like slavery, and organ harvesting.

Conversely, femicide is defined as the gender-motivated killing of women and girls, as

per the Declaration on Femicide (MESECVI 2008). This term represents the most severe

manifestation of gender-based violence, where gender is a critical factor in the commission of

the crime.

The linkage between human trafficking and femicide is complex and alarming. Women

and girls, trafficked and exploited, often find themselves in situations of extreme powerlessness,

making them vulnerable to various forms of violence, including femicide. This vulnerability is

underscored by a report on gender-related killings of women and girls of the UN Office on Drugs

and Crime, which identifies murders in the context of trafficking as an extreme form of violent

killings of women (UNODC 2023).

Building on this connection, it's crucial to consider the broader societal factors that

contribute to these phenomena. Issues like poverty, conflict, and war significantly heighten the

risks of trafficking and femicide (True 2010). These conditions create environments where

lawlessness prevails, and the protections for the most vulnerable are often inadequate, thereby

exacerbating the exploitation and violence against women (Brainard and Chollet 2007).

In regions embroiled in conflict or economic downturns, the breakdown of social and

legal structures often leads to increased vulnerabilities among women and girls. For example, in

conflict zones, trafficking networks may exploit the chaos to traffic women and girls for sexual

exploitation or forced labor, placing them at heightened risk of gender-based violence, including

femicide (Valles 2017). Moreover, societal attitudes and persistent gender stereotypes play a

crucial role in perpetuating both trafficking and femicide. In many cultures, women's subordinate

status is institutionalized, and violence against them is normalized, making interventions more

challenging. The documentary “Half the Sky,” inspired by the book with the same name, vividly

illustrates these issues through its examination of women's struggles worldwide, including a

focus on Cambodia where poverty and historical trauma from war contribute to widespread

trafficking and subsequent violence against women (Kristof and WuDunn 2010).

This intersection also has policy implications. Effective anti-trafficking strategies must go

beyond law enforcement to address the root causes of gender inequality and violence (Islam

2024). This includes strengthening economic opportunities for women, providing education, and

changing societal attitudes towards gender norms. Similarly, efforts to combat femicide must

recognize the role of trafficking in creating environments where women are dehumanized, and

their lives are undervalued.

Moving to the global stage, several international documents play a pivotal role in guiding

these efforts. The Convention on the Elimination of all Forms of Discrimination against Women

(UN CEDAW 1979) underscores the imperative to transform traditional gender roles and

emphasizes state responsibility in eradicating discrimination against women in both public and

private spheres. Complementing this, the Convention of Belem do Pará (OAS 1994) mandates

states to diligently prevent, investigate, and penalize violence against women, underscoring the

necessity of incorporating such norms within domestic laws. Similarly, the Rome Statute of the

International Criminal Court (UN 2002) classifies violence against women, including rape and

other forms of sexual assault, as crimes against humanity.

Delving deeper into the specifics, the Vienna Declaration on Femicide (UN 2013) offers

an expansive definition of femicide, covering a range from intimate partner violence and

misogynistic killings to honor killings, conflict-related targeted killings, and those connected to

gangs, organized crime, and human trafficking. This broad categorization is essential for

understanding the various scenarios in which femicide can occur. In line with this, the Model

Law on Femicide by the Inter-American Commission of Women (CIM 2018) highlights human

trafficking as an exacerbating factor in femicide cases, acknowledging the heightened risks for

women in vulnerable situations due to trafficking and exploitation.

Latin America's diverse legal frameworks for combating human trafficking reflect the

complex socio-economic and cultural dynamics specific to the region. These frameworks

typically treat human trafficking both as a standalone crime and as an aggravating factor in other

offenses such as sexual exploitation and forced labor. Countries like Argentina and Brazil have

established comprehensive laws that cover a broad spectrum of trafficking activities,

emphasizing severe penalties for perpetrators and providing protections for victims. However,

despite robust legislative frameworks, enforcement can be inconsistent, influenced by factors

like limited resources and systemic corruption.

In contrast, Europe and North America often feature more stringent anti-trafficking laws

with a strong focus on both the prosecution of traffickers and the protection of victims. These

regions emphasize a holistic approach to tackling human trafficking, integrating these efforts into

broader human rights and social welfare policies. For example, European countries, under EU

directives, enforce a unified standard that mandates member states to offer significant support to

trafficking victims, including healthcare, psychological counseling, and legal aid, aspects that are

sometimes less emphasized in Latin American legislation.

The differences in how these regions address human trafficking are also reflected in the

U.S. Department of State's Trafficking in Persons (TIP) report rankings. While countries like

Argentina, Chile and Colombia have achieved Tier 1 status, indicating full compliance with the

minimum standards for the elimination of trafficking, the rest of Latin American countries

remain on Tier 2 or the Tier 2 Watch List, and with Nicaragua and Venezuela on Tier 3. Tier 3

denotes the worst forms and high prevalence of human trafficking in the country, as well as the

country’s lack of legislation or enforcement on this issue (United States Department of State

2023). This contrasts with nations like Australia, Canada, Singapore, the USA and may countries

from Europe which are typically ranked in Tier 1, demonstrating not only comprehensive laws

and regulations but also effective enforcement and substantial resource allocation to combat

trafficking.

Additionally, countries with heightened human trafficking activity often exhibit severe

gender-based violence issues, including high rates of femicide. For example, Brazil, a Tier 2

country with significant challenges in both trafficking and violence against women, reported the

highest number of femicides in the region with 1,437 cases in 2022 (CEPALSTAT 2023).

Similarly, Honduras, facing significant trafficking issues, reported 309 cases of femicide. Even

though Guatemala, also a Tier 2 country, experiences high trafficking, it reported relatively lower

femicide numbers at 91 cases in 2022. These figures underscore a troubling connection between

trafficking—where women are often subjugated and exploited—and femicide, the ultimate act of

gender-based violence. In these countries, systemic gender inequalities and the normalization of

violence against women exacerbate both trafficking and femicide rates.

Conversely, countries like Chile and Colombia, categorized as Tier 1 by the U.S. Department of

State for their anti-trafficking efforts, reported fewer femicide cases. Chile had 43 cases, while

Colombia, despite its strong anti-trafficking measures, still reported a higher number of

femicides at 215 cases in 2022 (CEPALSTAT 2023). This suggests that while stronger

enforcement and protective measures against trafficking can correlate with lower rates of severe

gender-based violence, other socio-political factors may also significantly influence these

outcomes. To better visualize human trafficking tiers and femicide numbers across South and

Central America, I created this accompanying graphic below:

This graph underscores the correlation between human trafficking levels and femicide

rates, highlighting that countries with higher incidences of trafficking, such as Brazil and

Honduras, also tend to have elevated femicide statistics. This relationship supports the notion

that both human trafficking and femicide stem from similar systemic issues, including gender

inequalities and exploitation of women.

The visual representation shows that countries recognized for significant trafficking

issues often face severe gender-based violence challenges, reinforcing the link between these

abuses. Although countries like Chile, which implement strong anti-trafficking measures,

generally report lower femicide rates, discrepancies such as Colombia's persistently high

femicide figures illustrate the complexities involved. This suggests that while anti-trafficking

efforts are vital, they must be part of a comprehensive strategy that addresses the broader

spectrum of gender-based violence.

To conclude, nations across South and Central America have enacted comprehensive

legal strategies to address human trafficking, viewing it as both an independent crime and a

contributing factor in severe offenses like sexual exploitation and forced labor. These distinctions

are highlighted in the Trafficking in Persons (TIP) report, which ranks countries based on their

compliance with anti-trafficking measures. Despite robust legal measures, a link persists between

high trafficking rates and elevated instances of femicide, suggesting that while legal reforms can

mitigate gender-based violence, broader societal influences also play a significant role. The

forthcoming section will examine two case studies that illustrate how human trafficking is

factored into legal considerations of femicide within the region.

2. Regional Analysis: The Cases of Bolivia and Peru

In this section, I delve into a detailed exploration of two notable case studies within the

Central and South American context: Bolivia and Peru, that uniquely incorporate human

trafficking as a factor in their femicide legislation. This regional analysis examines the legislative

frameworks of these countries, exploring their distinct approaches to tackling the intersection of

human trafficking and femicide. I chose these countries to uncover the unique legislative choices

they've made, seeking to understand the motivations and societal influences that have driven

these specific decisions. This examination is crucial for comprehending how these countries

tackle the intricate issues of human trafficking and femicide within their legal frameworks,

providing insights into their unique approaches to combatting these severe crimes.

Beyond a mere review of the legal statutes, this exploration extends to understanding how

these laws are interpreted and enacted on the ground. It critically assesses the effectiveness of

law enforcement strategies and judicial interpretations in Bolivia and Peru. It finds while both

countries have robust legal frameworks intended to address the intersection of human trafficking

and femicide, challenges remain in enforcement and judicial consistency. In Bolivia, for instance,

despite progressive laws, there is often a disconnect between legislation and law enforcement

practices, leading to irregular application of justice. In Peru, while the laws are comprehensive,

their effectiveness is hindered by inadequate resources and a lack of specialized training for law

enforcement officers handling such cases. This approach is essential to grasp the practical

implications of these laws and evaluate their real-world impact on femicide cases involving

human trafficking. Through this analysis, I aimed to provide comprehensive insights into the

successes and challenges these jurisdictions face, shedding light on the broader regional efforts

to address gender-based violence effectively. This deeper understanding is crucial for identifying

best practices, potential areas for improvement, and the overall effectiveness of incorporating

human trafficking as a key factor in femicide legislation within these diverse legal and cultural

landscapes.

§1. Bolivia's Legislative Response to Femicide and Human Trafficking

Bolivia's legal framework has been instrumental in acknowledging the connection

between human trafficking and femicide. Incorporated within Article 252 bis of the Bolivian

Criminal Code, as amended by Law No. 348 —Comprehensive Law to Guarantee Women a Life

Free from Violence— human trafficking is specifically identified as a critical factor in femicide.

This law stipulates severe penalties, stating, “He who kills a woman, in any of the following

circumstances, will be sentenced to prison for a term of 30 years without the possibility of

parole: […] 8. When the death is connected to human trafficking […].” This explicit inclusion

underlines the recognition of the heightened vulnerability of women to femicide when linked to

human trafficking.

Exploring Bolivia's history unveils a troubling landscape of gender-based violence that

has significantly shaped its legal responses. The enactment of Law No. 348 on March 9, 2013,

marked a pivotal shift in Bolivian legislation. This legislation came against a backdrop of

harrowing violence. Prior to the law's adoption, the nation reported some of the highest rates of

violence against women in Latin America, including over 140 gender-based killings in 2012 and

thousands of complaints of violence (Human Rights Watch 2014). The public outcry over

highprofile cases, such as the tragic murder of Hanalí Huaycho by her ex-police officer husband,

catalyzed significant street protests and ultimately led to the enactment of comprehensive

legislation aimed at combating gender-based violence (Human Rights Watch 2014).

In response, Law No. 348 was enacted, which declared the eradication of violence against

women as a national priority. This law was not just a legislative measure but also a broader

societal and political acknowledgment of the severe impact of gender-based violence in Bolivia.

It significantly revised the criminal code to introduce “feminicide” as a distinct crime, specifying

various circumstances in which it can occur, one of them being “when the death is connected to

human trafficking” (Article 252 bis 8). This pivotal legal development marked a substantial

advancement in acknowledging and addressing the nuances of violence against women,

especially in intimate relationships. This move was essential for setting a legal precedent that

underscored the seriousness of gender-based violence and the state's commitment to tackling it

effectively.

Behind the passage of Bolivia’s Law No. 348 were also the relentless efforts of advocacy

groups and women’s rights organizations. These organizations demonstrated immense collective

power and commitment, playing a vital role in increasing awareness and shaping public opinion

about the severity of domestic and gender-based violence. Their persistent campaigning and

lobbying were crucial in bringing these issues to the forefront of policy discussions, influencing

policymakers to take substantial legislative action. The Ombudsman's Office in Bolivia

acknowledged that the promulgation of Law No. 348 marked a significant victory for those who

had dedicated six years to crafting and pushing for this vital piece of legislation (Defensoría del

Pueblo 2014).

The implementation of Law No. 348 in Bolivia has brought important changes for legal

protections for women in the country. Before its enactment, femicide often fell under general

homicide laws, which failed to consider the gender-specific motives behind these crimes. As a

result, many femicides were not prosecuted effectively, with perpetrators receiving inadequate

penalties. Law No. 348 has transformed this approach by distinctly categorizing femicide,

ensuring that the gender-based nature of these crimes is recognized and addressed in legal

processes, leading to more appropriate judicial outcomes and stronger protective measures for

women.

The law's unique inclusion of human trafficking as a determinant of femicide—a first for

Latin America at the time—further underscores its significance. By specifying that a murder

qualifies as femicide if "the death is connected to human trafficking" (Article 252 bis 8, Criminal

Code of Bolivia), Bolivian law recognizes that deaths occurring within the context of trafficking

for sexual exploitation, forced labor, or other coercive practices exacerbate the vulnerability of

women to such extreme forms of violence. This specification not only highlights the severe

implications of trafficking on women's safety but also enhances the legal framework by

providing clear guidelines for prosecuting such intertwined crimes.

This pioneering approach has set Bolivia apart from its regional neighbors, marking it as

a leader in addressing the complex interplay between human trafficking and gender-based

violence. The law's provisions aim for more rigorous prosecution and improved victim

protections, reflecting a broader commitment to tackling these pervasive issues effectively.

Reflecting on Bolivia's legal strides against gender-based violence, it is evident that

significant progress has been made, yet numerous challenges persist. The enactment and

subsequent amendments of Law No. 348 are landmark achievements that highlight the resilience

of advocacy groups and the power of civil engagement in upholding the core principles of this

legislation. This process underscores the vital role of civil society in effecting legislative changes

and demonstrates the transformative impact possible when diverse groups unite behind a shared

goal. The inclusion of human trafficking as a critical factor in the definition of femicide within

Law No. 348 marks a crucial development, connecting the dots between human trafficking and

gender-based violence. By categorizing deaths related to human trafficking as femicide, the law

acknowledges the extreme vulnerability of trafficked women to lethal outcomes. This specific

recognition serves to enhance legal protections, ensuring that the gravity of these interconnected

abuses is acknowledged and addressed more rigorously within the judicial system.

Yet, despite these legislative advancements, the persistently high rates of femicide in

Bolivia highlight ongoing challenges in addressing gender-based violence effectively. Declaring

femicide a national priority, has not yet curbed its prevalence, pointing to entrenched issues like

institutional corruption, inadequate legal frameworks, and societal norms that continue to enable

violence against women (Pasinato and Pierobom de Ávila 2023). These systemic issues are

reflected in the distressing statistics reported by various organizations. According to the

PanAmerican Health Organization, Bolivia had the highest reported rates of physical violence

against women by partners in Latin America as of 2019 (Bott et al. 2019). As reported by the

Pan-American Health Organization (PAHO), Bolivia had the highest percentage of women aged 15 to 49

reporting physical violence by a partner in Latin America (Bott et al. 2019). Additionally, national reports

reveal that 70% of women have experienced some form of violence in their homes (CDH 2021), with

108 femicides recorded in 2021 alone, indicating one of the highest rates in South America (Statista

2022). These figures underscore the complex reality that despite progressive laws, the practical

enforcement and cultural shift necessary to reduce gender-based violence lag significantly behind.

The challenges in effectively combating femicide in Bolivia extend beyond legislative

efforts and delve into systemic issues within law enforcement and societal norms. The systemic

failure to deliver justice is a significant hurdle. This gap in the legal and judicial system,

highlighted by Becker et al. (2019), exacerbates the problem of femicide in the country. The

infamous case of Richard Choque, a serial offender who continued to commit crimes even under

house arrest, exemplifies these systemic failures. This incident not only triggered widespread

public outrage but also intensified calls for more stringent protective measures and

accountability mechanisms to safeguard women against violence (Graham 2022; Becker et al.

2019). The outcry of this case has fueled advocacy efforts, emphasizing the need for a

continuous push towards stronger laws and more effective implementation.

As Bolivia continues to confront these serious issues, the involvement of civil society and

international cooperation remains essential. Strengthening law enforcement practices, enhancing

judicial processes, and maintaining the momentum for legal reforms are essential for making

tangible progress. Advocates and policymakers must work collaboratively to ensure that the legal

protections in place are not only comprehensive on paper but also effective in practice,

safeguarding the rights and lives of women throughout the country.

§3. Peru's Legislative Response to Femicide and Human Trafficking

In examining Peru's legislative approach to femicide and human trafficking, the country

has paralleled some aspects of Bolivia's model. The Peruvian legal framework, through Article

108-B of its Criminal Code, showcases a significant acknowledgement of the relationship

between human trafficking and feminicide: "He who kills a woman, in any of the following

circumstances, will be sentenced to prison for a term not less than 15 years: […] 6. If the victim

was intended to be used in human trafficking […]” (Article 108-B Peru Criminal Code). Unlike

Bolivia, where human trafficking is directly listed as a determinant factor in femicide within the

criminal code, Peru identifies human trafficking as an aggravating circumstance in cases of

feminicide, which influences the severity of legal repercussions.

This legislative stance highlights Peru's commitment to addressing the complexities of

gender-based violence, particularly where it intersects with human trafficking. By categorizing

human trafficking as an aggravating factor in feminicide cases, Peruvian law not only enhances

the penal framework for such crimes but also signifies a deeper societal understanding of the

multifaceted nature of violence against women. This approach mirrors the broader international

trend of integrating a nuanced comprehension of gender-based violence into national legal

systems.

The socio-legal context in Peru leading up to the enactment of Law 30.068 in 2013

presents a landscape heavily burdened by domestic violence and femicide. This law, amending

the existing Law on Femicide from 2011 and reforming the Penal Code, was a legislative

response to the urgent need to tackle the widespread violence against women. The legislation

was a significant milestone in acknowledging and addressing the nuances of violence in intimate

and domestic spheres. This law newly enabled survivors of violence to access greater

protections, including enhanced measures for their safety, and more robust prosecution

procedures aimed at ensuring accountability for perpetrators. For example, one new enhanced

safety measure that women can access is the provision for emergency protection orders, which

are designed to offer immediate legal protection to survivors by restricting the perpetrator's

ability to contact or approach the victim. This measure also facilitates faster judicial response in

high-risk situations, ensuring that survivors are swiftly removed from threatening environments

and provided with necessary support services. The law also established clearer definitions and

stricter penalties for acts of femicide, reflecting a more comprehensive approach to combating

gender-based violence. One such stricter penalty is a mandatory minimum sentence of not less

than 25 years for individuals convicted of femicide. This legal enhancement was critical in

providing survivors with legal avenues to seek justice and protection, thereby improving the

responsiveness of the judicial system to the needs of women facing violence.

Before these reforms, domestic violence in Peru was alarmingly high. A report by Andina

revealed that in 2013, 40% of Peruvian women experienced domestic violence, underscoring the

extensive nature of gender-based violence in the country (Andina 2013). The Public Opinion

Institute of the Pontifical Catholic University of Peru further emphasized this issue, reporting

approximately 97,000 domestic violence complaints between January and September 2012

(PCUP 2013). Additionally, in just the first quarter of 2013 alone, the Office of the Attorney

General of Peru recorded 37,479 cases of domestic violence (Canada IRBC 2014).

Similar to the alarming rates of domestic violence, the femicide situation in Peru was

equally grave. The Centro de la Mujer Peruana Flora Tristán (CMP) reported that from 2009 to

2012, there were 436 femicides and 268 attempted femicides in Peru (Canada IRBC 2014). This data

underscores the critical challenges Peru faced in combating violence against women and further

illustrates the pressing need for the legal reforms that were eventually implemented through Law 30.068

in 2013 that reformed the Penal Code. Organizations like the Centro de la Mujer Peruana Flora Tristán

(CMP) played a significant role in highlighting the issues of gender-based violence and femicide in Peru.

Established in 1979, CMP has been at the forefront of advocating for women's rights and pushing for

legislative changes to tackle the high rates of violence against women in the country (CMP 2024). Their

advocacy efforts, combined with academic and research contributions, have highlighted significant gaps

in the implementation and enforcement of laws against gender-based violence. Additionally, the

Observatory on Crime of the Office of the Attorney General has supported these findings, reporting 358

femicide deaths between 2009 and 2011, predominantly perpetrated by a partner, ex-partner, family

member, or acquaintance. (Canada IRBC 2014). These statistics underscore the targeted nature of this

violence, illustrating that women are often victimized explicitly because of their gender.

In essence, the 2013 reforms in Peru, aimed at addressing the high rates of domestic

violence and femicide, were pivotal in acknowledging and tackling the specific challenges of

protecting women and addressing gender-based violence. These legislative changes not only

recognized these issues but also established a significant link between human trafficking and

gender-based violence, demonstrating a comprehensive understanding of the interconnections

between various forms of exploitation and abuse. By incorporating human trafficking as an

aggravating circumstance in feminicide cases, Peru's legal framework took a nuanced approach

to enhance judicial outcomes and improve victim protection. This alignment with broader

regional efforts, mirrored by similar legal reforms in Bolivia during the same year, highlights a

significant regional momentum in 2013 towards strengthening measures against gender-based

violence and human trafficking. The reforms in both countries represent a crucial advancement

in legal protections and emphasize the need for continuous effort to address these complex social

issues effectively.

3. Beyond Borders: Analyzing the Absence of Human Trafficking Considerations in

Femicide Laws of Brazil, Colombia, and other countries in the region.

The inclusion of human trafficking as a contributing factor in femicide legislation by

Bolivia and Peru raises important questions about the legal recognition and prioritization of this

issue in South and Central America. This selective inclusion suggests a gap in the broader legal

acknowledgment of the role of human trafficking in femicide across the region, underscoring the

need for a more comprehensive and holistic approach in legal systems to address all facets of

gender-based violence effectively. Grasping the variations in legal frameworks regarding

femicide and human trafficking among nations such as Venezuela, Colombia, Brazil, and others

in South and Central America necessitates a comprehensive strategy that considers the distinct

circumstances and hurdles encountered by each country.

In Venezuela, for example, the Organic Law on the Right of Women to a Life Free From

Violence (Article 57) identifies circumstances such as signs of sexual violence and other forms

of abuse that contribute to cases of femicide. Although this law does not explicitly mention

human trafficking, it implicitly acknowledges various forms of exploitation as contributing

factors to femicide cases. This approach indicates a broader recognition of the complexities of

gender-based violence, suggesting an understanding of the various exploitative conditions that

can lead to femicide, even if human trafficking isn't directly specified.

In stark contrast, Bolivia's legislation explicitly links human trafficking to femicide,

highlighting the grave impact trafficking has on increasing women's vulnerability to such crimes.

This specific recognition allows for a more targeted legal response, enabling authorities to

prosecute cases of femicide with the added context of trafficking, thereby acknowledging the

heightened risks and exploitation victims face. This legal framework facilitates a more

comprehensive approach to justice, ensuring that the complexities of each case are considered in

court proceedings, potentially leading to more severe penalties for perpetrators who traffic

women before committing acts of femicide. This approach not only serves to punish offenders

more fittingly but also acts as a deterrent against the trafficking of women and girls within the

country.

Peru takes a different approach by treating human trafficking as an aggravating factor in

feminicide cases rather than establishing a direct link as Bolivia does. These varied approaches

across countries like Venezuela, Bolivia, and Peru illustrate the differing degrees of emphasis and

legal acknowledgment given to the relationship between human trafficking and genderbased

violence. In Peru, this means that when feminicide occurs in the context of human trafficking,

the crime is considered more heinous, potentially leading to harsher penalties. This distinction in

legal approaches across the region highlights the varying levels of protection offered to women

who are trafficked, reflecting how legislative nuances can impact the effectiveness of combating

gender-based violence in different countries. Such disparities underscore the need for a more

harmonized regional approach to better protect all women from these interconnected threats.

Venezuela, on the other hand, while not explicitly linking human trafficking to femicide,

recognizes circumstances like sexual violence and other exploitative practices and abuses that

contribute to femicide. This suggests an indirect approach to acknowledging the complexities

surrounding gender-based violence, albeit without a focused emphasis on human trafficking.

These discrepancies in legal frameworks reflect the varying degrees of protection provided to

women across these countries.

Colombia's legislative focus, influenced by its history with drug trafficking, has typically

been directed towards combating drug-related crimes, often sidelining issues like the intersection

of human trafficking and femicide. However, a 2024 initiative marked a significant change in

this approach (Quartucci 2024). The Colombian government's allocation of funds to combat

femicides and gender-based violence, as announced in Cartagena, signifies a renewed

commitment to directly addressing these challenges. This initiative aims to provide concrete

measures against femicides, counter human trafficking for sexual purposes, and confront

violence against women in various environments. This development represents a strategic shift in

Colombia’s approach to protecting women's rights and safety.

In Brazil, the approach to femicide and human trafficking laws is shaped by the country’s

social and cultural dynamics, which tend to prioritize immediate and visible forms of domestic

violence. This focus reflects Brazil’s societal conditions and historical background in addressing

gender-based violence, indicating a more localized response tailored to the most pressing issues

as perceived within the national context.

The reluctance of other nations in the region, including Brazil, to expressly incorporate

human trafficking as a factor in their femicide laws can be attributed to their specific national

contexts and historical priorities. For example, Brazil's approach may be influenced by its high

rates of domestic violence, which command significant public and governmental attention. This

focus might overshadow other aspects of gender-based violence, such as human trafficking,

which, although critical, may not be seen as immediately urgent within the broader public

discourse or might be addressed in other areas of law (Galvão 2015). The distinct political,

legal, and socio-cultural dynamics unique to each country significantly influence how they tackle

these intricate matters. This variation highlights the challenge of legislating on broad and

interconnected issues like human trafficking and femicide, which require a deep understanding

of each country's societal fabric and legal systems.

In conclusion, the analysis of femicide legislation in South and Central America, with a

specific focus on the inclusion of human trafficking considerations, reveals a diverse spectrum of

legal responses shaped by distinct national contexts and historical backgrounds. The selective

incorporation of human trafficking in femicide laws by countries like Bolivia and Peru contrasts

sharply with the more indirect approaches of nations like Venezuela and the historically different

priorities of countries like Colombia and Brazil. This diversity underscores the complexity of

creating a unified regional response to gender-based violence that adequately addresses the

interplay between human trafficking and femicide. It also highlights the need for a tailored

approach that respects each country's unique socio-cultural and legal landscapes while striving

for more comprehensive and holistic legal frameworks. The recent initiatives, particularly in

Colombia, signal a potential shift towards greater acknowledgment and action against these

intertwined issues. However, the overall landscape suggests that significant work remains to

ensure that legal systems across the region are fully equipped to protect women from all forms of

gender-based violence, including those exacerbated by human trafficking.

Chapter IX

CASE STUDY: FEMICIDE AS A WEAPON OF WAR -

COLOMBIA'S UNIQUE LEGISLATIVE PERSPECTIVE

“When Luz Marina Arteaga, a dedicated human rights defender, fell victim to femicide

utilized as a weapon of war in Colombia, her story highlighted a grave aspect of the conflict.

Kidnapped and murdered by paramilitary groups in Urabá, Antioquia, Luz Marina had

previously relocated to Orocué, Casanare, in hopes of safety. Despite receiving death threats and

her pleas for help being known to the authorities, no protective measures were provided.

Her murder underscores the harsh realities of gender-based violence in conflict zones and

exemplifies the urgent need for effective protection and justice mechanisms within Colombia’s

legislative framework (ABColombia 2022).”

1. Introduction

Colombia's legal framework addressing femicide stands as a stark outlier in Latin

America, not merely for acknowledging the crime but for categorizing it explicitly as an

instrument of warfare. This approach casts a revealing light on the nation's struggle with a

decades-long armed conflict and the consequent endemic violence that remains woven into the

societal fabric. This chapter sets out to unpack the intricate entanglement of gender-based

violence with the scourge of war, scrutinizing Colombia’s distinctive legal definition that

identifies femicide as a method of terror and oppression. By probing into the socio-political

currents that have shaped this legislative narrative, the dissertation confronts a poignant question:

Why has Colombia chosen to integrate armed conflict as a defining element of femicide when

other nations in the region have not?

In an environment where definitions of femicide across Latin America vary widely,

Colombia's characterization of the crime within the context of conflict signals a profound

acknowledgment of gender-based violence as a strategic tool in war. Unlike its regional

counterparts, Colombia's legal system explicitly defines certain instances of femicide as acts

intended “to generate terror or humiliate an enemy” (Article 104 A Colombia Criminal Code).

This perspective marks a profound acknowledgment of gender-based violence as a strategic and

dehumanizing weapon in warfare, where women disproportionately suffer as casualties. Using

and abusing women as a weapon of war has tragically left women as disproportionate casualties.

This comprehensive introduction explores the motivations driving Colombia's legislative choices

and the broader socio-political climate that necessitated such a response. Simultaneously, it

critically examines the absence of similar legal provisions in neighboring countries, reflecting on

the nuances and disparities in regional legal responses to the complex dynamics of war-time

violence against women. The investigation into Colombia's unique stance of including femicide

as a weapon of war, juxtaposed with the silence of its neighbors on this issue, seeks to offer

insights into the multifaceted challenges of legislating against the weaponization of gender

violence in the fraught landscapes of conflict and post-conflict societies. This focus not only

highlights Colombia's progressive measures but also sheds light on the regional disparity in

addressing such crucial issues, providing essential insights into the challenges and needs for

comprehensive legal strategies that effectively counteract gender-based violence in these volatile

environments.

2. Historical Overview of Armed Conflict in Colombia: Connecting War to Gender-

Based Violence

Colombia's landscape, marked by its beautiful terrain and vibrant culture, belies a

tumultuous past riddled with armed conflict. For decades, the nation grappled with violence

stemming from guerrilla warfare, most notably involving the Revolutionary Armed Forces of

Colombia (FARC). The conflict, which is recorded as the longest-running civil war in the

Americas, not only disrupted the socio-political fabric but also had a profound impact on the

nation's women.

Women constitute half of Colombia's population and bear the brunt of this instability.

Historically sidelined, their plight was exacerbated during the periods of armed conflict. Media

outlets, such as The New Humanitarian, detailed alarming trends beginning in recent years,

where ex-FARC militants allegedly listed women as targets for violence, a chilling reminder of

the war's gendered dimensions (Stallone and Zulver, “A Colombian town’s spike in femicides is

linked to armed groups”). Reports surfaced of armed groups targeting women as military

objectives, a sinister strategy that continued even after the significant 2016 peace deal with the

FARC (Stallone and Zulver, “A Colombian town’s spike in femicides is linked to armed

groups”). Moreover, harrowing accounts from women and the LGBTQI+ community have

illuminated the disproportionate violence inflicted upon them, violence that echoes through

Colombia's valleys to this day (Ávila 2022).

These accounts are more than narratives; they are testimonies to a grim reality. They

speak of the embedded structures of violence that have persisted even as the country attempts to

move forward. The targeting of women and LGBTQI+ persons reveals a disturbing facet of the

conflict—sexual and gender-based violence used as a weapon to terrorize and control.

The transitional justice body of Colombia, the Special Jurisdiction for Peace (JEP),

acknowledged this reality and initiated a comprehensive investigation into the weaponization of

sexual and gender-based violence during the conflict (Loaiza 2023). This probe by the JEP is not

only a quest for truth but also a step towards healing, with the body recording over 35,000 cases

of such violence (Hickey 2023).

In Colombia, women's groups have been instrumental in peacebuilding efforts, focusing

on the severe impact of the internal armed conflict on women. Women, constituting a significant

portion of the conflict's victims, faced disproportionate suffering and were initially marginalized

from peace negotiations, which underscores broader systemic issues regarding the representation

of women in pivotal decision-making processes (Sánchez-Esparza, 2021). The “Truth

Commission” (Comisión de la Verdad) , a coalition of organizations, has actively worked to

ensure that women's experiences and the emotional and physical toll of the conflict on them are

acknowledged as vital elements of Colombia's historical narrative. Their report, “TruthIs:

Politicizing Women's Pain and Emotions,” (Comisión de la Verdad 2020) helped the international

community understand how women can be militarized in conflict, illustrating the dual roles they

often assume as both victims and active participants. As participants, women may take on

various roles within armed groups, from combatants to support roles, often under coercion or

through forced recruitment, highlighting their militarization.

Conversely, as victims, they disproportionately endure the brunt of conflict, facing sexual

violence, displacement, and the loss of family, with these abuses used strategically to terrorize

and manipulate civilian populations. Their suffering is further deepened by the enduring

socioeconomic aftermath of conflict, perpetuating cycles of poverty and violence that complicate

their recovery and reintegration. This perspective has broadened the dialogue around conflict,

emphasizing the complex roles women play, from combatants to peace negotiators, and the

distinct impacts these roles have on their rights and well-being. By highlighting these

experiences, the report advocates for a more gender-inclusive approach to conflict resolution and

peacebuilding efforts, ensuring that women's voices and specific needs are addressed in

postconflict societies (Comisión de la Verdad 2020).

In recognizing femicide as a weapon of war, Colombia has taken a unique legal stance

that reflects its history of conflict and the complexities of gender-based violence within it. The

unique socio-political landscape of Colombia, steeped in years of armed conflict and the

resultant gender-based violence, has led to an unprecedented acknowledgment of femicide as a

weapon of war. This recognition has paved the way for a deeper understanding of the farreaching

impacts of Colombia's internal strife, providing a grim context for the legal recognition of such

crimes against women.

3. Colombia’s Legislative Response to Femicide as a Weapon of War

Colombia's legal treatment of femicide within its Criminal Code distinctively recognizes

femicide as a strategy in armed conflict, setting it apart from legislation in other Latin American

countries. It specifies severe penalties for acts of femicide committed with the intent “to generate

terror or humiliate an enemy” (Article 104 A Colombia Criminal Code). This clause not only

categorizes femicide as a grave crime but also as a deliberate tactic used in warfare, highlighting

the nuanced intersection of gender-based violence and armed conflict in Colombia. The

specificity of this legal provision underscores a profound recognition of the unique and tragic

role that gender-based violence plays in Colombia's historical and ongoing conflicts, inviting

deeper analysis of its implications for both victims and the broader sociopolitical landscape.

The categorization of femicide as a weapon of war in Colombia is deeply rooted in the

country’s history of internal armed conflict, where violence against women, including sexual

violence and murder, has been used systematically by various armed groups. By legally

recognizing such acts as not just crimes against individuals but also as tactics of war, the law

acknowledges the broader implications of these actions. These implications extend to the

normalization of gender-based violence, impacting societal perceptions of women's safety and

value and perpetuating cycles of violence and discrimination. This legal acknowledgment also

affects peacebuilding efforts, underscoring the necessity for gender-specific protections in peace

treaties and conflict resolutions to ensure sustainable peace and equitable post-conflict

reconstruction. Furthermore, it necessitates judicial reforms to adequately address and prosecute

these crimes, ensuring justice for victims and setting a deterrent for future violations. It also

highlights the importance of providing comprehensive support and rehabilitation services for

survivors, addressing the long-lasting impacts of trauma. Internationally, this stance may

influence global norms and encourage other countries to recognize and address gender-based

violence in conflict, aligning with international human rights treaties advocating for the

elimination of violence against women and girls. This recognition not only addresses the

immediate issues of violence but also promotes systemic change by emphasizing the political

and societal dimensions of gender-based violence in conflict settings.

This legal framing has significant implications for how such crimes are viewed and

prosecuted. It potentially elevates them beyond the realm of domestic criminal law to that of

international crimes, aligning with definitions of genocide, crimes against humanity, and war

crimes. The use of systematic sexual femicide or femicide as a war tactic could be examined

through the perspective of international human rights and humanitarian law, providing an

alternative avenue for justice and compensation for the victims.

The recognition of femicide as a tool to “generate terror or humiliate an enemy” also

underscores the need for a comprehensive approach to address the roots and ramifications of

such violence. It calls for responses that go beyond standard criminal justice mechanisms,

encompassing psychosocial support for survivors, reparations, and broader societal efforts to

address and transform the underlying cultural and structural factors that enable gender-based

violence in conflict situations. Nevertheless, the challenges of armed conflict and associated

violence are not unique to Colombia; several other Latin American countries have grappled with

similar issues. The parallels in these regions' experiences shed light on the broader landscape of

armed violence and its impact on societal structures and human rights, particularly on

genderbased violence.

In Mexico, the influence of drug cartels and gangs extends beyond traditional notions of

armed conflict, creating a pervasive culture of violence (Paul et al. 2014). The involvement of

children and adolescents in these groups reflects the deep-rooted social and economic challenges

that drive young individuals into the hands of criminal organizations. This violence, often

narcotic-related, significantly impacts the fabric of Mexican society, influencing family

structures, community dynamics, and overall public safety.

Central America, specifically El Salvador, Guatemala, and Honduras, also grapples

with profound issues related to organized gangs. These countries, known for their extraordinarily

high murder rates, are environments where violence is not just a byproduct but a defining

characteristic of daily life. Gangs in these countries wield substantial influence, affecting diverse

aspects of life, including the education system, local economies, and community safety. The

participation of children in gangs within these areas is especially alarming, pointing to a cycle of

violence that continues from one generation to the next (Boerman and Knapp 2017).

Brazil's situation, particularly within its favelas, echoes similar themes of gang influence

and violence (Larkins 2015). Vulnerable street children often view gang affiliation as a viable

pathway for survival, further entrenching the cycle of violence and crime within these

communities.

Additionally, conflicts over Indigenous territories in Peru, Colombia, Mexico,

Guatemala, and Honduras highlight another dimension of violence in the region (Wilson 2014).

These conflicts, often driven by the interests of extractive industries, have led to significant

human rights violations against Indigenous communities, including displacement and various

forms of violence.

This chapter's journey through the intricate relationship between femicide and armed

conflict in Latin America, mainly focusing on Colombia’s distinct legislative stance, illuminates

a path for future exploration and policy development. While Colombia stands out in legally

recognizing femicide as a weapon of war, a reflection of its tumultuous history with groups like

the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN),

the lack of similar legislation in other countries with comparable histories of armed conflict and

gender-based violence calls for a deeper examination.

Policy recommendations for Colombia should focus on the robust implementation of its

unique laws, ensuring they effectively address the complexities of gender-based violence in

conflict. Strengthened legal enforcement, enhanced support systems for victims, and widespread

public education campaigns are essential. For other nations in the region, adopting similar legal

recognitions could significantly impact the prevention and reduction of such violence. This may

include revising criminal codes and bolstering regional cooperation for a unified approach to

tackling these issues. A broader acknowledgment of femicide as a component of armed conflict

could catalyze significant changes in both prevention and response strategies. It would signal a

commitment to confronting the gendered nature of conflict violence and reinforce the necessity

of comprehensive, inclusive policies that protect women's rights and promote peace and security

across Latin America.

CONCLUSION

Discussion of Key Findings

This dissertation investigated how gender stereotyping and state-level patriarchy

contribute to the persistence of femicide as a regional security risk in Central and South America.

It addressed a notable gap in the academic literature, which has largely overlooked the security

implications of femicide. This underscores the critical and urgent nature of the femicide crisis,

highlighting the need for immediate and effective interventions. By examining femicide through

the lens of global security, this research enriches discussions on women's safety within the field

of security studies. As of 2024, there are no comprehensive academic studies that analyze the

deep impact of femicide on societal stability and human security. This novel approach frames

femicide not only as a human rights violation but also as a destabilizing force that threatens

regional stability and necessitates a strategic, transnational response. The potential escalation of

femicide could pose a greater threat to global security, especially as migration might spread these

harmful cultural attitudes internationally.

An alarming statistic revealed that, in Latin America, a woman or girl falls victim to a

gender-related killing every two hours (ECLAC 2022). Utilizing indices of gender inequality

from the United Nations Development Programme (UNDP) and the World Economic Forum, I

analyzed how entrenched gender stereotypes and patriarchal norms shape societal and legislative

frameworks across the countries in the region. The investigation into the societal and legislative

frameworks across 16 countries in South and Central America uncovered a complex interplay

between gender stereotyping, state-level patriarchy, and femicide rates. Through a mixedmethods

approach, it was found that while higher gender inequality often correlates with increased

femicide rates, this relationship does not straightforwardly lead to lower femicide rates. Instead,

femicide rates can be influenced by various factors, including cultural norms, legal enforcement,

and economic conditions.

The comparative analysis of legal responses to femicide across sixteen countries in South

and Central America revealed notable variations in how femicide is defined and addressed,

ranging from standalone statutes to integration within existing penal codes. These variations

suggest that the integration of femicide legislation across the region often fails to align with

international standards. Additionally, the analysis uncovered a complex relationship between

societal attitudes, such as misogyny and machismo, and the legal treatment of femicide. Only a

few countries explicitly recognize misogyny as a primary motive behind femicide, applying

harsher penalties for such crimes. The dissertation also highlights that gender-stereotyped

femicide extends beyond attacks on women to include any individuals perceived as not

conforming to traditional gender roles. Furthermore, the legal systems across these nations vary

in their recognition and integration of unequal gender power relationships within their femicide

legislation. Significantly, the analysis found that formally recognizing these power imbalances

within legal definitions greatly enhances the judicial system's capacity to address gender-based

violence effectively.

Bolivia and Peru stand out as the only countries in the region that acknowledge the

intersection of human trafficking with femicide, incorporating this factor into their legal

definitions of the crime. Additionally, Colombia uniquely categorizes femicide as a weapon of

war, reflecting its specific historical and social contexts. This diverse landscape of legal

responses underscores the need for tailored, culturally sensitive policy reforms and legal

strategies to combat femicide effectively across different national contexts.

Building on this foundation, the dissertation enriches the existing body of knowledge by

integrating nuanced analyses of how legislative frameworks across different nations address or

fail to address the complexities of femicide and feminicide. This research is significant for its

academic contributions and its role in informing global strategies to combat gender-based

violence. By elucidating the underlying mechanisms of femicide and feminicide in Central and

South America, the dissertation addresses an urgent need to understand how to tackle this

pervasive issue effectively and inform policies aimed at prevention. Moreover, it can lead to

tangible changes in legislation and enforcement. The in-depth analysis of multiple national

frameworks allows for a more nuanced understanding of the most effective legislative elements

in combating femicide and which areas require urgent reform. This is particularly valuable for

countries within the region and beyond, as they strive to align their legal systems with

international best practices and human rights standards.

The analysis across 16 countries in South and Central America is a pioneering effort in

the field, serving as an invaluable resource for policymakers aiming to implement more

comprehensive and effective strategies against gender-based violence. This comprehensive

review offers unique comparative insights into how different jurisdictions respond to the

challenges of femicide and feminicide, highlighting not only the successes but also the critical

gaps and inconsistencies that impede effective legal responses. By outlining these disparities, the

dissertation helps pinpoint best practices and areas in need of urgent reform, guiding efforts to

enhance legal protections and promote a more consistent and robust response to gender-based

violence throughout the region.

Ultimately, this dissertation positions femicide as a critical issue at the intersection of

social justice, human rights, and global security. It advocates for a reevaluation of how societies

understand and address gender-based violence, urging an integrated approach that extends the

implications of femicide beyond immediate social and moral concerns to broader international

security frameworks. This work advances academic knowledge and encourages global

stakeholders—governments, international organizations, and civil societies—to collaborate in

crafting comprehensive responses to the complex challenges femicide presents. Consequently,

the dissertation calls on the global community to acknowledge the intricacies of femicide and

unite in collective action to address this critical issue effectively.

Findings on the Relationship Between Femicide Rates and Gender Equality

The examination of femicide rates and gender equality across Central and South

American nations revealed a complex relationship that varies significantly among countries.

Countries with high rates of gender inequality, such as El Salvador, Honduras, Guatemala, and

Brazil, exhibit increased femicide rates. However, the connection between gender equality and

femicide rates is not consistent across the region. For example, Chile, with its low Gender

Inequality Index (GII), experiences lower femicide rates, suggesting a positive impact of greater

gender equality. In contrast, countries like Argentina and Peru, despite moderate GII scores, still

report high numbers of femicides. This suggests that other factors, including cultural norms,

legal frameworks, and economic conditions, also play a significant role in shaping femicide

rates.

To delve deeper into these issues, the dissertation employed measures such as the Gender

Inequality Index (GII) and the Global Gender Gap Index (GGGI). These indices helped highlight

disparities in health, empowerment, and labor market participation between men and women. It

was found that although there is a correlation between gender disparities and high femicide rates,

the relationship between improved gender equality metrics and reduced femicide rates is intricate

and not consistently observable. From 2018 to 2022, femicide rates in twelve countries remained

relatively stable, yet Brazil and Honduras saw disturbing increases. The COVID-19 pandemic

exacerbated domestic tensions and economic hardships, heightening the risks to women's safety

and increasing gender-based violence. These findings underscore the complexity of the factors

influencing femicide rates and challenge the assumption that enhancing gender equality alone

can directly reduce femicide.

These nuances highlight the urgent need for a multifaceted approach to address femicide

effectively. Simply focusing on gender inequality is insufficient. Comprehensive policy measures

must also tackle socio-economic and cultural dynamics. Effective strategies should include legal

reform, enhancing economic opportunities for women, and shifting societal norms that

perpetuate violence against women.

In light of these findings, future research should continue to explore these complex

relationships, particularly how different regions' disparities in gender inequality impact femicide

rates. Understanding these dynamics is crucial for designing effective policy measures that not

only focus on improving gender equality but also tackle the root causes of femicide

comprehensively. The relevance of investigating these aspects lies in the potential for informed

policy-making that can significantly reduce femicide and advance gender equality.

Understanding the intricate relationship between gender inequality and femicide rates enables

policymakers and advocates to design targeted interventions that address the root causes of

femicide. This foundational knowledge is crucial for creating safer, more equitable societies

where gender-based violence is no longer a pervasive threat.

Findings About Legal Responses to Femicide Across Central and South America

The content analysis of femicide legislation across sixteen countries revealed significant

differences in how femicide is approached legally, ranging from standalone statutes to its

integration within existing penal codes. Drawing upon a diverse collection of data sources,

including the Gender Equality Observatory for Latin America and the Caribbean and pivotal

studies by UN Women and MESECVI, this dissertation explored the varied legal responses to

femicide across Central and South America.

The analysis identified a high degree of inconsistency in the legal frameworks addressing

femicide across these nations. Some countries have developed robust, specific legal structures

aimed directly at femicide, which clearly define and penalize such acts as distinct forms of

violence. Conversely, other countries utilize broader legislative measures that encompass various

forms of violence against women without specifically distinguishing femicide from other types

of aggression. This variation underscores a lack of uniformity in the legal recognition and

prosecution of femicide across the region, highlighting the need for a more unified and effective

approach.

Furthermore, it was found that the way that femicide was integrated into the legislation of

countries across South and Central America does not align with the international standards and

definitions provided by the Belém do Pará Convention (Organization of American States 1994).

and the Declaration on Femicide (MESECVI 2008). This discrepancy prompted the Mechanism

to Follow-up on the Implementation of the Belém do Pará Convention (MESECVI) to propose a

new Model Law on Femicide in 2018, intended for states to use in drafting new legislation or

amending existing laws (MESECVI, 2018). For instance, the Declaration of Femicide (2008)

defines femicide as “the violent death of women based on gender, whether it occurs within the

family, a domestic partnership, or any other interpersonal relationship; in the community, by any

person, or when it is perpetrated or tolerated by the state or its agents, by action or omission”

(MESECVI, 2008). It was found that all countries, except El Salvador, have not adequately

incorporated state responsibility to address state complicity in such acts. Moreover, countries like

Argentina, Honduras, and Nicaragua have limited the legal definition of femicide to cases where

the perpetrator is male, thereby failing to cover instances where women are victims of femicide

committed by other women or in contexts that do not involve a male aggressor. This results in

significant gaps in legal protection for all victims of gender-based violence.

The findings on femicide legislation across Central and South America underscored the

urgent need for legislative reform to align national laws with international standards, ensuring

comprehensive protection against all forms of gender-based violence. By adopting and

implementing the Model Law on Femicide, countries in South and Central America can close

these gaps and enhance the effectiveness of their legal frameworks in combating femicide. This

alignment is crucial for fulfilling international commitments and protecting the rights and lives

of women across the region.

Findings About Femicide, Misogyny, and Unequal Gender Power Relationships

The analysis of femicide legislation in South and Central America has revealed that, as of

2024, only a handful of countries adequately recognize misogyny and unequal gender power

relations as contributing factors in the legal definitions of femicide. These countries vary

significantly in how explicitly they address these issues within their legislative frameworks. This

dissertation categorizes their laws based on the degree to which misogyny and power imbalances

are recognized as key elements of femicide. It offers a novel contribution by defining and

distinguishing four distinct levels of legislative specificity and enforcement: strong, moderate,

weaker, and weakest. For example, countries like Guatemala, El Salvador, and Nicaragua are

noted for having strong legislation. Here, “strong legislation” is defined as laws that explicitly

incorporate misogyny and the concept of unequal gender power relationships into the legal

definitions of femicide. These laws not only recognize misogyny as an essential element but also

emphasize the gender-specific nature of these crimes and prescribe severe penalties. This

approach facilitates a clearer distinction between femicide and other homicides by emphasizing

that these crimes are defined not merely by location but fundamentally by the power dynamics

and relationships between the victim and the aggressor. This structured categorization aids in

understanding the varying effectiveness of femicide legislation across the region, providing a

framework that highlights where improvements can be made and underscoring the importance of

addressing both misogyny and power imbalances comprehensively within legal definitions to

combat femicide effectively.

Furthermore, the dissertation identified an intersectional dynamic between misogyny,

gender stereotypes, and transphobic femicide. Misogyny, defined as a deep-seated aversion and

bias against women, is often entrenched and perpetuated by prevailing gender stereotypes. These

stereotypes foster a society where violence becomes normalized against individuals who defy

traditional gender roles, leading to increased instances of femicide. This cyclical nature is

evident as gender stereotypes lay the groundwork for misogyny to flourish, and misogyny, in

turn, reinforces these stereotypes. Notably, gender-stereotyped femicide extends beyond women,

including cases driven by hate where the target of violence is perceived as not adhering to the

conventional role expected of a woman, such as in transphobic femicide. The dissertation also

highlighted that Brazil, which records the highest femicide numbers in Latin America, similarly

has the highest recorded number of transgender murders globally. This correlation underscores

the broader implications of gender-based violence and the need for comprehensive legislative

responses.

Another critical discovery is the deep intertwining of misogyny and machismo within

Latin American cultures, which significantly affects societal dynamics and women's security.

Machismo, characterized by a strong and often aggressive sense of male pride, promotes male

dominance and is deeply ingrained in many Latin American societies. This cultural norm

glorifies traits like strength and assertiveness in men, while it imposes restrictive and subordinate

roles on women. The influence of machismo in Latin America is profound, leading to patterns of

dominance, violence, and subordination that affect women at various societal levels. This

situation underscores that misogyny and machismo are not just cultural traits but are entrenched

within societal structures, detrimentally impacting women's lives. Recognizing and addressing

these issues is crucial, not only as cultural imperatives but also for their significant policy

implications. Tackling these problems is essential to reduce their harmful impacts and to advance

toward a society where women's safety and equality are prioritized. Additionally, machismo

contributes to an environment where misogyny thrives.

The relevance of investigating these aspects lies in their potential to inform and improve

legal and social interventions aimed at reducing femicide. Understanding how misogyny and

power imbalances contribute to femicide provides critical insights into the systemic changes

needed to effectively combat this issue. Furthermore, this examination supports broader efforts

toward gender equality by highlighting the need to address and dismantle the power structures

that perpetuate violence against women. This comprehensive analysis not only deepens the

understanding of the legal responses to femicide but also highlights the importance of continued

efforts to refine these approaches, ensuring they fully address the complexities of gender-based

violence in the region.

Findings About Femicide and Human Trafficking

The dissertation reveals a complex interplay between human trafficking and femicide,

significantly impacting women and girls in Central and South America. It uniquely contributes to

the academic field by analyzing the correlation between countries' anti-trafficking tiers and their

femicide rates. It was found that countries with significant human trafficking issues, such as

Brazil and Honduras, also report high rates of femicide. This suggests that nations with severe

trafficking challenges, like Brazil—a Tier 2 country—experience heightened gender-based

violence, including elevated femicide statistics. Conversely, Tier 1 countries such as Chile and

Colombia, recognized for their robust anti-trafficking measures, generally report fewer femicide

incidents, though Colombia's high numbers reveal the complexities of the issue.

Additionally, the dissertation highlights the legislative responses of Bolivia and Peru,

which uniquely incorporate human trafficking as a factor in their femicide legislation. Bolivia’s

legislation explicitly includes human trafficking within its definition of femicide, resulting in

stricter penalties and acknowledging the specific vulnerabilities of trafficked women. In contrast,

Peru identifies human trafficking as an aggravating factor in femicide cases, which amplifies the

legal consequences for perpetrators. This selective inclusion only by two countries in Latin

America raises important questions about the legal recognition and prioritization of human

trafficking’s role in femicide across the region, underscoring the need for a more comprehensive

approach in legal systems to effectively address all facets of gender-based violence.

The inclusion of human trafficking as a factor in femicide legislation in Bolivia and Peru

serves as a model for other countries in the region, demonstrating the importance of such

legislative measures in protecting women's rights and improving their safety. The relevance of

investigating these aspects lies in their potential to inform more effective legal strategies and

international cooperation efforts aimed at combating these grave human rights violations. By

understanding the legal responses of Bolivia and Peru, other nations can consider similar

integrative approaches, which could lead to more robust protections against the dual threats of

human trafficking and femicide. This comprehensive understanding is crucial for developing

more effective prevention strategies, prosecution methods, and international policies that address

the root causes and manifestations of gender-based violence.

Findings About Femicide and War

The analysis of femicide legislation in South and Central America uncovered Colombia's

unique approach, where femicide is explicitly recognized as a weapon of war. This specific

classification within Colombia's legal framework acknowledges that femicide extends beyond a

severe crime to a strategic tool used in the nation’s prolonged armed conflicts. Probing into the

socio-political currents that have shaped this legislative narrative, the dissertation confronted a

poignant question: Why has Colombia chosen to integrate armed conflict as a defining element

of femicide when other nations in the region have not? This investigation revealed that

Colombia’s legislation not only recognizes femicide as a grave crime but also as a strategic act of

warfare, marking a significant shift in the understanding of gender-based violence from a

security perspective. It is also the first time in the academic field that this connection is

discussed, providing new insights into how gender-based violence is interwoven with conflict

dynamics.

Colombia’s history of internal conflict, where sexual violence and murder have been

employed systematically, supports this legal recognition. By defining these acts as tactics of war,

the law not only addresses their impact on individual victims but also their broader implications

for societal and cultural harm. This forward-thinking legal framework sets a precedent within the

region and suggests a model that other countries could follow, especially those dealing with

similar conflict-related issues. It provides insights into how laws might be structured to

comprehensively address the complexities of femicide in conflict settings.

Furthermore, the recognition of femicide as a weapon of war necessitates a multifaceted

response that extends beyond the criminal justice system. It calls for strategies that include

psychological support for survivors, reparations, and transformative efforts aimed at changing

the cultural and structural conditions that enable gender-based violence in conflict situations.

This approach underlines the need for a broad spectrum of interventions to effectively counteract

and prevent such violence. This legislative recognition in Colombia also highlights the

importance of international cooperation and the potential adoption of similar measures by other

nations to ensure more extensive protection and justice for women in conflict-affected areas. By

learning from Colombia’s unique legislative stance, other countries can enhance their legal

frameworks to better protect against gender-based violence.

In conclusion, Colombia's distinctive recognition of femicide as a weapon of war not only

reflects its unique socio-political context but also significantly contributes to the global discourse

on gender-based violence and conflict. This comprehensive understanding is crucial for

developing effective strategies that tackle the root causes of gender-based violence and advance

the broader goal of achieving gender equality.

Policy Implications and Recommendations

This dissertation seeks to explain the puzzle of how gender stereotyping and state-level

patriarchy contribute to the persistence of femicide as a regional security risk in Central and

South America. Building on the in-depth analyses and findings presented, this dissertation's

conclusions extend into significant policy implications and recommendations for future

strategies. The following general policy recommendations are advocated throughout this

dissertation to create a legal and social environment where femicide is not just addressed

postoccurrence but actively prevented through measures that promote gender equality and

safeguard women's rights:

•Strengthening Legal Frameworks:

•Establish Clear Definitions and Harmonize Legislation: It is imperative that

each country within Central and South America adopts clear and precise legal

definitions of femicide and feminicide, aligned with the guidelines provided by

the Inter-American Model Law on the Prevention, Punishment and Eradication of

the Gender-Related Killing of Women and Girls (Femicide/Feminicide)

(InterAmerican Model Law 2018). This Model Law serves as both a legislative

guide and a comprehensive framework to enhance the understanding and legal

categorization of these crimes. By adopting its standards, member states ensure

that femicide and feminicide are distinctly recognized within their legal systems,

clearly distinguished from other forms of violence, and addressed with

appropriate severity. Harmonizing legislation across the region not only facilitates

cross-border cooperation and enforcement but also helps to close the gaps where

perpetrators might otherwise evade justice. This standardization allows for the

sharing of best practices and enhances the overall effectiveness of legal

frameworks in combating gender-based violence.

•Enhancing Enforcement and Legal Protections:

•Increase Resources for Law Enforcement: Effective enforcement of laws

against femicide necessitates well-resourced law enforcement agencies. It is

crucial to allocate increased funding for training programs that not only equip

officers with the necessary skills to handle cases of gender-based violence

sensitively and efficiently but also train them to recognize the early signs of

femicide. This proactive approach is vital, as our analysis has shown that many

cases of intimate partner violence could have been prevented; victims often report

incidents that, upon careful examination, could indicate a potential escalation to

femicide. By training law enforcement to identify these early warning signs,

interventions can occur before the violence escalates, potentially saving lives.

Additionally, ensuring that law enforcement agencies are well-equipped allows

for more thorough investigations and more effective prevention and response

strategies against femicide, moving beyond mere prosecution and conviction to

truly safeguarding communities.

•Implement Protective Measures: Governments must create and enforce

protective measures for women identified at risk of femicide. This includes

issuing restraining orders and establishing safe shelters, which are crucial for

providing immediate protection to victims. These measures should be easily

accessible and backed by a legal system prepared to act swiftly to enforce them.

•Addressing Societal Norms:

•Education Programs on Gender Equality: The long-term prevention of

femicide is intricately linked to addressing the societal norms that perpetuate

gender inequality—a critical issue highlighted in our analysis. Educational

programs, beginning from a young age, should not only focus on promoting

gender equality and respect for women but also actively involve more women in

decision-making roles. By integrating women into these key positions and

tailoring educational content to challenge and transform harmful norms, we can

begin to reshape societal attitudes and substantially reduce the acceptance of

violence against women. These programs can help reshape societal attitudes and

reduce the acceptance of violence against women as a norm.

•Public Awareness Campaigns: In researching this dissertation, I discovered a

significant lack of awareness about femicide's existence and prevalence in Latin

America among academics, business leaders, and human rights advocates. This

highlights the crucial need for targeted public awareness campaigns. Such

campaigns are essential for raising awareness about the severity of femicide and

emphasizing our collective responsibility to prevent it. By educating the public

and mobilizing community action, these campaigns can support legislative and

policy changes, creating broader societal impact.

•Economic and Social Policies:

• Support Economic Empowerment of Women: Economic dependency plays a

significant role in the perpetuation of gender violence. Programs that enhance

women's economic independence, such as vocational training and access to credit,

are crucial. These initiatives should be designed to improve women’s financial

autonomy, thereby providing them with the means to escape abusive situations.

•Integrate Gender Perspectives in All Policies: To truly address the roots of

gender-based violence, gender perspectives must be integrated into all

governmental policies. This approach ensures that every policy enacted considers

its impact on women and works towards reducing systemic gender inequalities.

•International Cooperation and Standards:

•Align National Laws with International Standards: Encouraging countries to

align their laws with international human rights standards, such as those outlined

in the Declaration of Femicide or the Convention on the Elimination of All Forms

of Discrimination Against Women (CEDAW), can significantly enhance the legal

mechanisms available to combat femicide. This alignment promotes adherence to

global norms and practices that protect women’s rights, ensuring a more unified

and effective global response to gender-based violence.

•Foster Regional Partnerships: Building partnerships among countries in the

region to share data, strategies, and success stories is crucial for reducing

femicide. These partnerships can facilitate a unified approach to addressing

gender-based violence, enhancing the effectiveness of interventions across

borders.

Future Research and Legal Accountability

This dissertation has laid foundational work, highlighting the complex interrelationships

among gender stereotyping, systemic patriarchy, and femicide. The nuanced findings suggest that

the correlation between these factors is not as straightforward as initially hypothesized,

indicating the need for further detailed research in several areas:

•Justice Cascade: A critical area for future exploration is the "justice cascade,"

particularly in contexts where political leaders fail to implement preventative measures

against femicide, as reflected by legal omissions. Inspired by the work of Sikkink (2011),

further investigation into how a series of legal actions could be deployed to hold those

responsible for perpetuating femicide accountable is necessary. This research would help

identify legal gaps and outline a roadmap for enforcing accountability through justice

mechanisms, thereby strengthening the rule of law and safeguarding women's rights.

•Human Trafficking as a Contributing Factor to Femicide: Although countries like

Bolivia and Peru have begun to acknowledge human trafficking as a significant factor

contributing to femicide, this aspect is under-explored in the broader regional context.

Future research should delve deeper into how human trafficking exacerbates the risks and

incidence of femicide across Central and South America, aiming to develop targeted

interventions and improve existing legal frameworks to address this intersection more

effectively.

•Femicide as a Weapon of War in Colombia: The unique classification of femicide as a

weapon of war in Colombia warrants a specific study to understand why this recognition

is not more widespread and how it impacts the legal and social handling of femicide

cases in conflict settings. Investigating this could provide valuable insights into the use of

gender-based violence in warfare and help develop specific legal and humanitarian

responses.

•Impact of Societal Shifts and Global Migration: Further research is encouraged to

explore the intricate ties between gender stereotyping, systemic patriarchy, and femicide,

particularly focusing on how societal shifts, policy changes, and educational initiatives

can impact and potentially transform these entrenched stereotypes and structures.

Additionally, exploring the effects of global migration on gender norms could offer

valuable insights, paving the way for a broader comprehension of femicide's underlying

dynamics in various settings.

•Community-led Actions and Educational Initiatives: Investigating the impact of

community-led actions and educational initiatives on changing societal norms around

gender and violence is essential. Such studies could evaluate the effectiveness of

grassroots movements and education reforms in reshaping public perceptions and

behaviors, ultimately contributing to the reduction of femicide rates.

These suggested areas for future research not only aim to deepen the understanding of

femicide's underlying dynamics but also to contribute to the development of more effective

policies and legal frameworks that can prevent such tragedies. By pursuing these studies,

researchers can provide policymakers with the evidence-based guidance needed to enact change

and protect women's rights more comprehensively.

In conclusion, this dissertation has illuminated the critical and complex issues associated

with femicide in Central and South America, highlighting the multifaceted nature of genderbased

violence and the roles played by gender stereotyping, state-level patriarchy, and legal

frameworks. By advocating for a comprehensive approach that includes clearer legal definitions,

harmonized legislation, and profound societal changes, the findings suggest that significant

strides can be made toward mitigating and eventually eradicating femicide. Continued research is

essential to further explore the nuances of this issue, particularly focusing on intersections with

human trafficking, the distinctive classification of femicide as a weapon of war, and the broader

socio-political dynamics influencing these acts of violence. Through such sustained inquiry and

targeted policy interventions, there is hope for a substantial reduction in femicide rates and an

improvement in the safety and rights of women across the region.

FEMICIDE IN CENTRAL AND SOUTH AMERICA UNVEILING A REGIONAL SECURITY RISK

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