Justicia transicional y la jurisprudencia de la Corte Interamericana de Derechos Humanos contra Mexico en los casos de desaparición forzada de personas

In some Latin-American countries, included Mexico, violence and enforced disappearance are an endemic problem . What should States do in order to prevent this gross human rights violation? Alongside its contentious competence, the IACtHR have started to deal with this problem under a human rights paradigm, developing an important case law on this issue. However, the IACtHR has dealt with enforced disappearance in Mexico identifying three different periods and types: enforced disappearances with a political background, enforced disappearance mainly related to drug trafficking – committed by individuals, enforced disappearance committed by State agents but not under a political paradigm.
Thus, this paper will deal with the IACtHR jurisprudence in cases in which enforced disappearances are addressed underlining the importance this case law has in connection with the transitional justice process Mexico is living.

Justicia Transicional en México: Contexto, Experiencias y Retos.

The recent phenomenon of violence in Mexico, mainly due to the so-called “war on drugs” declared in 2006, has impacted in several senses the justice system in Mexico. From the adoption of a large number of constitutional amendments to the unsuccessful transformation of national and local government agencies, the authorities from all orders and branches of government have tried to deal with this issue through a variety of mechanisms and processes. However, one of the questions which has been ignored in all these reforms is that relating to transitional justice. This article deals with the challenges that potential Transitional Justice mechanisms will have to face in its implementation in Mexico, taking into account the particularities of the public security conflict in the country. Moreover the proposal presented by the actual government will be put under discussion.

Femicidio en México. Diez años después del caso Campo Algodonero (González y otras)

It is indisputable that Mexico is experiencing an unprecedented wave of violence and serious violations of human rights. In addition, that country has historically been marked by the severe crisis it faces concerning to violence against women, and specifically to femicide. Although, for almost 10 years, since the judgment issued by the IACtHR, in the Cotton Field case (November 16, 2009), sat down the foundation for the Mexican state in its duty to prevent, sanction and eradicate violence against women, the truth is that to date there remain many concerns to evaluate a significant progress in the matter.
Thus, this paper aims to analyze the good and bad practices developed by the Mexican state as of the issuance of the judgment, to determine the significant progress in fulfilling its duties derived from its commitment as a state party to the American Convention of Human Rights and compliance with the decisions of the Court.