A/71/398
complying with due diligence in cases of femicide and in strengthening efforts
aimed at ensuring that women enjoy a life free from violence and discrimination.
The Model Protocol is based on an emblematic case of femicide brought before the
Inter-American Court of Human Rights, known as the “Cotton Field” case (see
para. 69 below), the verdict and legal reasoning of which represented significant
progress in efforts to combat impunity in relation to femicide in the region, not only
as a precedent in case law, but also because it put pressure on States to uphold
specific obligations with regard to investigation, punishment and reparation in such
cases. 21
62. Several Latin American countries have already integrated or are working on
integrating the Model Protocol into their legal systems and others have expressed an
interest in doing so. The key problems that it is intended to address include the
impunity relating to omissions and failures in investigations into cases of femicide,
the contamination of the crime scene, the culture of discrimi nation on the part of
judges and the high reliance on witness testimony.
63. Under the Model Protocol, femicide is understood as the murder of women
because they are women, whether committed within the family, a domestic
partnership or any other interpersonal relationship or by anyone in the community,
or whether perpetrated or tolerated by the State or its agents. 22 Emphasis is placed
on safeguarding the rights of suspects and on improving judicial capacity.
Investigations are judged on both methods and res ults, while the State works
towards a transformative reparations. By recognizing that the violence that affects
women is determined not only by their sexual and gender status, but also by
differences in terms of economic status, culture, age, race, languag e and religion/
cosmogony, it requires an intersectional analysis of the forms of violence that might
have affected the femicide victim before, during or after the crime. 23
64. The Model Protocol identifies behaviour that causes death and other harm,
with a motive based on gender, emphasizing the responsibility of the perpetrator and
tracking signs and evidence of a history of violence in the perpetrator through,
among other things, the health systems and police reports. It highlights the
underlying and recurrent problem that “no one connects the dots” before women are
killed.
65. Many States in Latin America and the Caribbean have specialized legislation
that defines femicide as a specific crime. By 2015, 16 countries in the region had
modified their laws to include a specific type of crime referring to the murder of
women under the name of femicide or feminicide or as an aggravating circumstance
of homicide. 24 The most recent countries to enact femicide laws have been Brazil, in
March 2015, and Colombia, in July 2015. These two laws are considered to be
model legislation, given that they involve all key line ministries, include prevention
measures and, in the case of Brazil, arose from the adoption of the Model Protocol.
While legislation on femicide is important, it is not an end in itself. It is necessary
to emphasize, as the committee of experts on the follow -up mechanism to the
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21
22
23
24
16-16456
See www.corteidh.or.cr/docs/casos/articulos/seriec_205_ing.pdf.
UN-Women, Secretary-General’s Campaign UNiTE to End Violence against Women and the
Office of the United Nations High Commissioner for Human Rights, Latin American Model
Protocol for the Investigation of Gender-related Killing of Women, p. 14.
Ibid, p. 43.
See http://oig.cepal.org/sites/default/files/noteforequality_17.pdf .
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