A/71/398
70. The Supreme Court of Colombia recently passed judgment on how femicide 27
was a gender-related crime and why it should be prosecuted as harshly as possible.
In its first-ever case of convicted femicide, it sentenced the perpetrator to 18 years
in prison for the brutal murder of his wife on the grounds that the killing had been
motivated by his wife’s gender.
71. In another landmark ruling, 28 the Supreme Court of Mexico ordered the
reopening of the investigation into the suspicious suicide of a women and ordered
that it should be reinvestigated “from the perspective” of femicide or the murder of
a woman by a man for reasons relating to her gender. The Court declared that it was
the “duty of investigative bodies to investigate every violent death of a woman, to
determine whether or not this is a case of femicide”, thereby affecting countless
other cases of unresolved femicides in the country and having implications for all
levels of investigation into such crimes.
72. The Special Rapporteur intends to establish an online collection of landmark
court cases on femicide. She believes that such rulings provide examples of the
application of relevant international, regional and national standards and are useful
tools for lawyers, prosecutors and judges working on similar c ases.
73. The Special Rapporteur calls upon States, courts, academic institutions and all
relevant stakeholders to submit all such cases from regional and national courts that
could form a global database on her official website.
74. Recognizing the need for a credible collection of good practice on the
prevention of femicide, the Special Rapporteur invites all States and other
stakeholders to provide her with examples of good practices on femicide reviews and
examples of legislation and jurisprudence that could be used as a good practices by
others.
D.
Conclusions and recommendations
75. The international human rights framework composed of global and
regional instruments on women’s rights and violence against women establishes
three levels of responsibility on the part of the State to eliminate discrimination
and violence against all women including femicides and guarantee women a life
free of violence.
76. The first level of responsibility is related to violence perpetrated by the
State through its national authorities, which may be in breach of its obligations
under international human rights law in general and, in particular, under the
Convention on the Elimination of All Forms of Discrimination against Women
and general recommendation No. 19 of the Committee on the Elimination of
Discrimination against Women. The State obligation is reflected in article 2 (d)
of the Convention, which requires that States parties, including their national
bodies and agents, refrain from engaging in any act or practice of
discrimination against women and to ensure that public authorities and
institutions act in conformity with this obligation. This obligation includes the
duty to ensure that laws, policies, programmes and procedures are not
__________________
27
28
16-16456
See www.corteconstitucional.gov.co/RELATORIA/2015/C-022-15.htm.
See www.internet2.scjn.gob.mx/red2/comunicados/noticia.asp?id=3060 .
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