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The politics of gender and violence

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Title:
The politics of gender and violence a case study of a Mexican female senator and a law for victims of violence
Creator:
Hernandez Inzunza, Sunner Daniela
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Denver, CO
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University of Colorado Denver
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English
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Women politicians -- Mexico ( lcsh )
Women -- Violence against -- Mexico ( lcsh )
Women politicians ( fast )
Women -- Violence against ( fast )
Mexico ( fast )
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bibliography ( marcgt )
theses ( marcgt )
non-fiction ( marcgt )

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Review:
Violence against Mexican women is not a new subject. Disappearances and murdered women in the border town of Cd. Juarez and throughout the country are reported in the news headlines every day. Between 1999 and 2005 more than 6,000 women and girls were murdered, an average of 1,000 murdered women every year. The majority of the deaths result from violence within their household (Mexico, 2009). The rate of violence is not isolated to border towns. The Instituto Nacional de Estadisticas y Geografia (National Institute of Statistics and Geography/INEGI) reports that 67% of Mexican women aged 15 years of age and older have been victims of violence. At the same time, the political representation of Mexican women has increased over the years. The rate of Mexican women who hold national political positions is 35%, higher than most of its neighboring countries (Women, 2013). This thesis will focus on the representation of women at the federal level. Even though political representation numbers are significant compared to other nation states, Mexico ranks high in the Gender Inequality Index measured by the United Nations, signifying that Mexican women hold a poor position in their society. The relationship between the high incidence of violence against women and the number of elected female politicians is contradictory. This thesis will look at the effectiveness of Mexican female politicians in creating policies against violence and aims to answer these questions: 1) To what extent do women politicians follow party lines and to what extent do women politicians have autonomous agendas? 2) To what extent do women politicians get to participate in policy making and what role do quotas play in female participation? 3) Are Mexican female politicians writing and advocating effective legislation against violence? 4) What are some of the challenges and barriers in passing legislation against violence? I approach these questions using quantitative and qualitative methods through two case studies, data analysis, and narrative reports. I frame these questions around representation and critical mass theory. The first case study analyzes whether female PRI Senator Diva Gastelum represents her constituents through descriptive or substantives representation. The second case study analyzes the Ley General de Victimas (General Law for Victims/LGV), a piece of victim's assistance legislation and the role of female politicians. This inquiry will help the reader understand whether a relationship between Mexican female politicians and policies created against violence exists.
Thesis:
Thesis (M.S.)--University of Colorado Denver. Humanities and social sciences
Bibliography:
Includes bibliographical references.
General Note:
Department of Humanities and Social Sciences
Statement of Responsibility:
by Sunner Daniela Hernandez Inzunza.

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|University of Colorado Denver
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|Auraria Library
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Full Text
THE POLITICS OF GENDER AND VIOLENCE: A CASE STUDY OF A MEXICAN
FEMALE SENATOR AND A LAW FOR VICTIMS OF VIOLENCE
by
Sunner Daniela Hernandez Inzunza
B.A., University of Colorado Boulder, 2006
A thesis submitted to the
Faculty of the Graduate School of the
University of Colorado in partial fulfillment
of the requirements for the degree of
Master of Social Science
Humanities and Social Sciences
Spring 2013


This thesis for the Master of Social Science degree by
Sunner Daniela Hernandez Inzunza
has been approved for the
Humanities and Social Science Program
by:
Jana Everett, Chair
Omar Swartz
Christina Jimenez


Hernandez Inzunza, Sunner, Daniela (M.S.S., Humanities and Social Sciences)
The Politics of Gender and Violence: A Case Study of a Mexican Female Senator and a Law for
Victims of Violence
Thesis directed by Professor Jana Everett.
ABSTRACT
Violence against Mexican women is not a new subject. Disappearances and murdered
women in the border town of Cd. Juarez and throughout the country are reported in the news
headlines every day. Between 1999 and 2005 more than 6,000 women and girls were murdered,
an average of 1,000 murdered women every year. The majority of the deaths result from
violence within their household (Mexico, 2009). The rate of violence is not isolated to border
towns. The Instituto Nacional de Ksladislicasy Geografia (National Institute of Statistics and
Geography/INEGI) reports that 67% of Mexican women aged 15 years of age and older have
been victims of violence. At the same time, the political representation of Mexican women has
increased over the years. The rate of Mexican women who hold national political positions is
35%, higher than most of its neighboring countries (Women, 2013). This thesis will focus on the
representation of women at the federal level. Even though political representation numbers are
significant compared to other nation states, Mexico ranks high in the Gender Inequality Index
measured by the United Nations, signifying that Mexican women hold a poor position in their
society. The relationship between the high incidence of violence against women and the number
of elected female politicians is contradictory. This thesis will look at the effectiveness of
Mexican female politicians in creating policies against violence and aims to answer these
questions: 1) To what extent do women politicians follow party lines and to what extent do
women politicians have autonomous agendas? 2) To what extent do women politicians get to


participate in policy making and what role do quotas play in female participation? 3) Are
Mexican female politicians writing and advocating effective legislation against violence? 4)
What are some of the challenges and barriers in passing legislation against violence? I approach
these questions using quantitative and qualitative methods through two case studies, data
analysis, and narrative reports. I frame these questions around representation and critical mass
theory. The first case study analyzes whether female PRI Senator Diva Gastelum represents her
constituents through descriptive or substantives representation. The second case study analyzes
the Ley General de Victimas (General Law for Victims/LGV), a piece of victims assistance
legislation and the role of female politicians. This inquiry will help the reader understand
whether a relationship between Mexican female politicians and policies created against violence
exists.
The form and content of this abstract are approved. I recommend its publication.
Approved: Jana Everett


DEDICATION
I dedicate this work to Dante, my son and reason to always strive to become a better
person. To David, my partner. To my parents Daniel and Claudia for your continuous love,
support, and encouragement. And to my brothers Pablo, Miguel, and Jose.
v


ACKNOWLEDGEMENTS
I would like to thank my thesis chair Dr. Jana Everett for her invaluable time, great
insight, resources, and guidance throughout the thesis writing process. I thank my program
advisor and committee member Dr. Omar Swartz for his guidance throughout the Master of
Social Science program and thesis feedback. I thank my third committee member Dr. Christina
Jimenez for taking time out of her busy schedule to offer some insight, direction, and feedback. I
am infinitely grateful to Norma Corralejo for the endless babysitting hours, giving me the
opportunity to achieve this research. Sin su ayuda nopodria haber hecho esto. /Gracias! I
would also like to thank Trade Comer, Brandi Raiford-Copeland, and Daniel Hernandez
Saavedra for your assistance in the proofing stages, and Tracye Wilhelm for your assistance in
the formatting stages. Thank you.
vi


TABLE OF CONTENTS
CHAPTER
I. INTRODUCTION............................................... 1
Theory of Representation............................... 3
Female Quotas in the Political System.................. 6
Lit er atur e Revi ew.................................. 8
Thesis Methodol ogy..................................... 11
Thesis Parameters....................................... 13
Thesis Outline.......................................... 14
II. REPRESENTATION THEORIES AND QUOTAS.......................... 15
Representation Theory................................... 15
Critical Mass Theory.................................... 17
The Rol e of Quotas..................................... 20
III. BACKGROUND.................................................. 23
Mexican Womens Movement................................ 23
Gender Violence Background.............................. 32
Mexican Political System................................ 35
The Role of Quotas in Mexican Politics.................. 37
IV. A FEMALE LEGISLATOR AND THE PROCES S OF A LAW............... 41
Setting the Stage....................................... 41
Case Study 1: A Female Legislator....................... 44
Case Study 2: The Process of a Law...................... 49
Challenges and Barriers................................. 59
V. RECOMMENDATIONS AND CONCLUSION.............................. 63
Thesis Summary.......................................... 63
Recommendations......................................... 65
Conclusion.............................................. 66
REFERENCES.................................................. 69


LIST OF TABLES
Table
I. Gastelum Proposed Initiatives in the Legislature Sept 2009 Apr 2012............... 48
vm


LIST OF ABBREVIATIONS
CEAMEG Centro de Estudios para el Adelanto de las Mujeres y la Equidad de Genero Center for the Study of Womens Advancement and Gender Equity
CEDAW Committee on the Elimination of Discrimination against Women
DEV AW Declaration of Violence Against Women
DIF Desarrollo Integral de laFamilia Integral Family Development
ENCUP Encuesta Nacional sobre Cultura Politica y Practicas Ciudadanas National Survey on Political Culture and Practice of Citizenship
FUPDM Frente Unicopro Derechos de laMujer Sole Front for Womens Rights
INEGI Instituto Nacional de Estadisticas y Geografia National Institute of Statistics and Geography
INMUJERES Instituto Nacional de laMujer National Institute for Women
LGV Ley General de Victimas General Law for Victims
LGAMVLV Ley General de Acceso de las Mujeres a una Vida Libre de Violencia Law for General Access of Women for a Life Free from Violence
NAFTA North American Free Trade Agreement
NGO Non-Governmental Organization
ONMPRI Organizacidn Nacional de Mujeres Priistas National Organization of PRI-Women
PAIMEF Programa de Apoyo a las Instancias de Mujeres en las Entidades Federativas Program to Support the State Level Institutes for Women
IX


PAN
PGR
PNA
PRD
PRI
PRONAM
PRONAVI
SEP
UN
Partido de Action National National Action Party
Procuradurla General de la Republica Attorney General
Partido National Anti-reeleccionista National Anti-relection Party
Partido de la Revolution Democratica Democratic Revolution Party
Partido Revolucionario Institutional Institutional Revolutionary Party
Programa National de laMujer National Womens Program
Programa National Contra la Violencia Intrafamiliar National Program
Against Intra-Family Violence
Secretaria de Educacidn Publica Secretary of Public Education
United Nations
x


CHAPTER I
INTRODUCTION
Violence against Mexican women is not a new subject. Disappearances and murdered
women in the border town of Cd. Juarez and throughout the country are reported in the news
headlines every day. On average 1,000 Mexican women are murdered every year. In other
words, one Mexican woman is killed every eight hours with the overwhelming majority of the
deaths resulting from violence within their household (Mexico, 2009). What we do not often
hear is the reality of the country as a whole. The Instituto Nacional de Ksladislicas y Geografia
(National Institute of Statistics and Geography/INEGI) reports that 67% of Mexican women aged
15 years of age and older have been victims of violence. In other words 7 out of 10 Mexican
women have been victims of violence (CEAMEG, 2012). Violence in this thesis is defined using
the United Nations definition from the Convention on the Elimination of Violence Against
Women, Article 2,
a) Physical, sexual and psychological violence occurring in the family, including battering,
sexual abuse of female children in the household, dowry-related violence, marital rape,
female genital mutilation and other traditional practices harmful to women, non-spousal
violence and violence related to exploitation;
b) Physical, sexual and psychological violence occurring within the general community,
including rape, sexual abuse, sexual harassment and intimidation at work, in educational
institutions and elsewhere, trafficking in women and forced prostitution;
c) Physical, sexual and psychological violence perpetrated or condoned by the State,
wherever it occurs. (Declaration, 1993, ^j. 15)
While violence in Mexico occurs in different places within the community, at school, at
work, at home, partner and domestic violence have the highest incidence. The high incidence of
violence against Mexican women shows a stark contrast when women have advanced in their
socioeconomic status, as more than twenty five percent of Mexican households are headed by
1


women. In the labor force, the number of women working outside the home has increased to
53.5%, higher than their male counterparts at 46.5%. In education, Mexican women are reaching
higher education attainment levels coming closer in parity with men, with women at 27% and
men at 28%. At the same time, women continue to face gender inequalities in the work place as
Mexican women can only expect to be paid at 75% for the same work as men (INEGI, 2012).
Mexican women are faced with gender inequality in different aspects of their lives,
specifically in the area of violence. However, the political participation of women has increased
over the years. The rate of Mexican women who hold national political positions is 35%, higher
than most of its neighboring countries (Women, 2013). This thesis will focus on the
representation of women at the federal level. The federal level has the highest representation of
women occupying legislative positions in the LXII legislative session. In 2012, the National Bi-
Cameral Congress, which includes the Senate and the Chamber of Deputies, has more elected
women than ever. The Senate elected 42 female senators out of its 128 members, which
translates to about 32% of female members at the Senate level. The Chamber of Deputies
elected 184 female deputies out of its 500 members, translating to 37% of female members at the
Chamber of Deputies level. The relationship between the high incidence of violence against
women and the number of elected female politicians is contradictory when Mexico ranks high in
gender inequality. In the United Nations Gender Inequality Index, Mexico ranks 57th out of 187
countries, which
reflects womens disadvantage in three dimensionsreproductive health, empowerment
and the labour market. The index shows the loss in human development due to inequality
between female and male achievements in these dimensions. The health dimension is
measured by two indicators: maternal mortality ratio and the adolescent fertility rate. The
empowerment dimension is measured by: the share of parliamentary seats held by each
sex and by secondary and higher education attainment levels. The labour dimension is
measured by womens participation in the work force. (Gender, 2012, ]}. 4)
2


Considering that the population of Mexico is 51% female, with 51% of those eligible
voters registered to vote (INEGI, 2012), the rate of female politicians at the federal level, and the
high incidence of violence against women, brings a few questions regarding the effectiveness of
Mexican female politicians and the policies they support. To analyze the effectiveness and the
role Mexican female politicians play in politics, this thesis focuses on four questions:
1. To what extent do women politicians follow party lines and to what extent do women
politicians have autonomous agendas?
2. To what extent do women politicians get to participate in policy making and what role do
quotas play in female participation?
3. Are Mexican female politicians writing and advocating effective legislation against
violence?
4. What are some of the challenges and barriers in passing legislation against violence?
This thesis seeks to answer some of these questions and identify barriers and areas for
potential improvement. This inquiry is significant because it will allow the reader to understand
the current position of Mexican women. In addition, it will contribute to the analysis of the
effectiveness of female politicians in creating policies against violence, as well as identify some
barriers for effective legislation against violence.
Theory of Representation
Political participation is influenced by gender. Female political representation has been
studied by many scholars, but two of the benchmark studies include Hanna Pitkins The Concept
of Representation (1967) and Anne Phillipss The Politics of Presence (1995). Womens
political representation is significant to analyze as it is critical to take into account how political
participation is influenced by gender. Scholars such as Henderson (2010) note that political
institutions were created and largely run by men for centuries, and, as a result, many womens
concerns have either, been ignored, forgotten, or inadequately addressed (p. 7). Pitkin (1967) is
3


central for her work with representation theory. In this context, representation is defined as
popular representation, and to be linked with the idea of self-government, of every mans right
to have a say in what happens to him (Pitkin, 1967, p. 3). A progression in history extends the
words a mans right to now include women and minorities.
Two main aspects to the concept of political representation exist: 1) Descriptive
representation and 2) Substantive representation. Descriptive representation refers to a
representative that is elected in a way that mirrors his/her constituency to stand in for them
in government. In other words, when a female representative is elected, she is said to mirror
the same qualities as her constituents. In theory there would also be a proportional amount of
female representatives in politics to mirror the overall constituent population. Substantive
representation refers to a representative that acts for its constituents. In this case a female
politician would act in the interest and support of womens issues and needs. The
differentiation between descriptive and substantive representation speaks to the influence of
female politicians and the role they play in the legislature. For example, a female politician
might be elected by female constituents of similar qualities through descriptive representation.
However, she might have her own political agenda that does not necessarily reflect the needs of
the constituents that elected her. In the case of substantive representation, a female politician
would act and present the issues that would benefit her female constituents. This proposition
begs the question of whether all women constituents can be said to have common interest and
what these interests might be. And although a certain level of abstraction women can be said to
have some interest in common one cannot generalize that all women share and support
universal issues based on gender, as a wide spectrum of views and diversity within women exist
(Molyneux, 1985, p. 231). At the same time the issue of women with conservative views and the
4


role of substantive representation is raised by Celis and Childs (2012) as they argue that the
conversation has to be widen to include not only feminist liberal women but also their
conservative counterparts. Scholars continue to wrestle with these issues, but these questions go
beyond the scope of this thesis. Womens issues include an array of topics that directly affect a
womans well-being from equality with men, health, labor force, and family relations. This
thesis defines womens issues to be understood as strategic gender interest. Strategic interest
are interest that women may develop by virtue of their social positioning through gender
attributes and want to change from the analysis of womens subordination and from the
formulation of an alternative, more satisfactory set of arrangements to those which exist
(Molyneux, 1985, p. 232). In this case I look at the strategic objectives to overcome violence
against women through the role of a female politician in Congress.
Anne Phillips (1995) contributes to the theory of representation as she analyzes the
representation of minority groups, which includes women. She agrees with Pitkin that it is
crucial for minorities to be represented by one of their own because they will often work for the
important issues of their constituency. Phillips concedes that even if it would be more
appropriate to have women represent other women in issues of sexuality, one must not dismiss
that a man might be able to do the same if he ascribes to the same beliefs as a woman. She notes
that too much focus has been put on the differences between groups and that often times that is
what separates us from achieving similar goals. At the same time, Phillips argues that there
needs to be an effective method to hold our representatives accountable for their work on our
behalf as she notes that when policies are worked out for rather than with a political excluded
constituency, they are unlikely to engage with all relevant concerns (p. 13). Phillips emphasizes
that there needs to be a balanced democracy, where all groups not only vote but also call for
5


accountability in all aspects of society. She concludes that we should not have to choose
between either/or in having our ideas or political presence in the legislature.
Overall, the study of womens political representation is a significant field of study. As
Jensen (2008) highlights apart from considerations of democracy and social justice as well as
the most efficient use of human resources, female participation in politics, particularly at the
highest level, is seen as important since it provides representation for another point of view (p.
12). More in-depth theory will be addressed in Chapter II as Pitkin (1967) and Phillips (1995)
have paved the way for current scholars to take the field further, as some scholars focus the
theory of representation on Latin America and incorporate critical mass theory.
Female Quotas in the Political System
Quotas are generally understood as a proportional share of something in a system. There
are three forms of quotas: 1) Voluntary Party Policy, 2) Law, and 3) Constitutional Amendment.
In this case, quotas will be used and understood under the notions of a quota law. A quota law is
a law that, among other things, entails that women must constitute a certain number or
percentage of the members of a body, whether it is a candidate list, a parliamentary assembly, a
committee, or a government. The quota system places the burden of recruitment not on the
individual woman, but on those who control the recruitment process (What, 2010, ]}. 8). Quotas
are vital in the political representation of women as they play a significant role in encouraging
governments to include women in the political process. Quotas show just how access for women
to the political system had to be institutionalized to encourage womens participation. The
purpose of quotas is to encourage and promote womens participation in political parties by
encouraging women to run for elected office, and reserve a specific number of seats or
appointments only for women. Quotas, as a means to increase womens political participation,
6


were supported during the 1995 United Nations fourth world conference on women in China in
which the Beijing Declaration was signed. The Beijing Declaration clearly states that the signees
are committed to the equal participation of women and men in all national, regional and
international bodies and policy-making processes; and the establishment or strengthening of
mechanism at all levels for accountability to the worlds women (Beijing, 2010, ]}. 36). Since
the Beijing Declaration, quotas have been implemented in most of the world as 131 political
parties, representing sixty-two countries, have instituted voluntary internal quotas (Henderson,
2010, p. 15).
Mexico implemented quotas in 1996, following a 1990s international trend in which
other Latin America countries passed quotas laws. By 2002, Mexico made it officially
mandatory for all parties to follow quotas. In the current 2012 National Senate,
[Pjolitical parties are required to guarantee that women constitute at least 40
percent of candidates. This applies to both lists of candidates for the PR election,
and the candidates for the constituency elections. However, parties who
democratically elect their candidates are exempt from the regulations COFIPE,
Article 219 (Mexico, 2012, ^j. 1)
Although quotas were implemented, no clear enforcement mechanism was established to
make sure that political parties follow them and many loopholes to get around meeting quotas
exist in the law. Initially, not all political parties were supporters of institutionalizing the quotas
as the Partido Accidn Nacional (National Action Party/PAN) opposed them. While the Partido
Revolucionario Institucional (Institutional Revolutionary Party/PRI) and Partido de la
Revolucidn Democratica (Party of the Democratic Revolution/PRD) have formally and
explicitly instituted a quota system both within its internal party structure and its candidate list
(Rodriguez, 2003, p. 180). Currently, each political party has implemented different levels of
quotas within. The PRD leads with an internal quota of 50%, the PRI 30%, and the PAN ruled
7


in 2000 that each pair of candidates (primary and substitute) must contain one woman (Piscopo,
2011, p. 43). The role of quotas in the Mexican political system will be further discussed in
Chapter II.
The literature on quotas is mixed as some scholars argue that quotas are the only way to
guarantee women access to power while others oppose quotas saying that it is discriminatory,
devalues the political abilities of women, promotes under qualified women, and it is unnecessary
because women who are qualified will rise on their own merit anyway (Rodriguez, 1998, p. 11).
The argument regarding the role quotas play in substantive and descriptive representation, in
which not all women support what are considered to be womens issues will be addressed further
in the theory section in Chapter II. Despite mixed literature and controversial views, voluntary,
internal gender quotas as well as legally mandated party quotas have been two of the most
successful means for getting more women into office and are used in a total of ninety-two
countries around the world (Henderson, 2010, p. 15).
Literature Review
The current research of Mexican female political participation is fragmented. Some
scholars focus specifically on the role religion plays in policymaking, the underrepresentation of
women at different levels of the state system, the role gender plays in politics in the way women
represent other women, the expression of Mexican culture in politics, and the role of quotas.
Nevertheless, few studies focus on analyzing the types of policies passed by Mexican female
politicians, much less, policy on gender violence. A central author in the literature of Mexican
women in politics is Victoria Rodriguez (1998), one of the first scholars to research and publish
her findings of the role contemporary Mexican female politicians play in the political system.
She uses 1995 as a starting point to look at womens participation in politics that includes a large
8


amount of historical information and data on the number of women in Congress. She documents
the number that voted and how they voted, as well as look at the structure of political parties in
Mexico. Her main focus is on understanding how Mexican female participation in politics has
increased, how these women get elected, the role quotas play, and if political participation opens
the door to many other improvements in Mexican womens lives. She further expands her
research (2003) as she gives a broad history of the successes Mexican women have had in
becoming more involved in politics, but also what type of political office they have been able to
attain. This thesis seeks to expand on her research, past how women are elected, and focus
specifically on a female legislator and analyzing the effectiveness of passing legislation against
violence.
One of the recurring themes in the literature is where to place Mexican women in politics.
Although Mexican women were involved in politics throughout history they were not recognized
as citizens until 1953 when they gained the right to vote. Mercedes Barquett and Sandra Osses
(2005) look at how citizenship has been genderized meaning that if you were a female you did
not count or have a voice on what happens to you, and were instead counted through a male
relative. The authors look at the relationship between democracy, gender equality, and the needs
to place women in a place where they are considered universal citizens with political rights to
voice opinions and make choices for themselves. In addition, Barquett and Osses analyze the
role of Mexican women in the government as citizens, and how fragile democracies can be
strengthened with the inclusion of women. Tine Davis (2011) also brings the perspective of how
women view themselves and thus how female politicians are affected by their gender. Davis
specifically looks at a right-wing female politicians life. He looks to see how agency manifests
itself in this politicians life by following her partys claims and how they intersect on how she
9


sees herself. He explores how the female politician views of herself as a modem woman do not
always match the way she votes or conducts herself. Davis shows how traditional values present
themselves and shape voting in a way that perpetuates traditional values and roles. He also
analyzes the interconnected role that gender has played in her life.
Jennifer Piscopo and Mala Htun (2010) study and research whether Mexican women
politicians represent other women. They look closely at the trends in policy by the number of
women elected and if a correlation of passing descriptive or substantive policies exists. In other
words, are the policies initiated by women for women or do they pursue other interests. Piscopo
(2011) shows that Mexican female politicians in fact do represent women by analyzing the types
of policies presented and supported by women. Htun (2012) in her later research goes as far as
stating that to produce changes in policy autonomous mobilization of feminist in domestic and
transnational context is the critical factor accounting for policy change (p. 548). She goes
further and notes that to bring policy change, ongoing activism and strong civil society groups
are necessary. At the same time Par Zetterberg (2008) analyzes the role of creating quotas for
women in political parties. Quotas state the number of women that should be participating in
state government. He looks to see if these quota women encounter more resistance or
problems versus the non-quota women, and if their role is actually an active one. He additionally
looks at how women participate in political parties and the interplay between their political
agendas and how they vote. Zetterberg finds that quota women do not encounter more
resistance than other women in politics.
Viviane Brachet and Orlandina de Oliveria (2002) compile and explore the relationship
between women and social policy. They look at the implications gender has in participating in
the legislature and creating policy. The authors note that a perspective of gender must be taken
10


into account to be able to analyze social policy, as men and women have not had equal rights.
The current literature does not specifically address the role of women in creating legislation
against violence in Mexico; rather it seems to have summarized womens issues as a whole, with
more focus on the representation part. This thesis aims to analyze and discuss the effectiveness
of female Mexican politicians in creating policies against violence.
Thesis Methodology
The methods I will use to analyze the effectiveness of Mexican women in politics include
qualitative methods in the form of case studies, and quantitative methods analyzing the results of
surveys as well as look at statistical data on violence against women. Tellis (1997) argues that
Case studies are multi-perspectival analyses. This means that the researcher
considers not just the voice and perspective of the actors, but also of the relevant
groups of actors and the interaction between them. This one aspect is a salient
point in the characteristic that case studies possess. They give a voice to the
powerless and voiceless. (]}. 7)
To set the context for both case studies I will first analyze empirical data results of the
2008 Encuesta Nacional sobre Cultura Politico, y Practicas Ciudadanas (National Survey on
Political Culture and Practice of Citizenship/ENCUP) by the Special Program for Promoting
Democratic Culture issued by the Mexican Ministry of the Interior. The national survey
measures the views of Mexican citizens of politics and rate of involvement and participation.
My focus will be on how Mexican citizens view the overall state of politics and the effectiveness
of Congress passing legislation against violence.
Case study methodology allows me to look at the issues through different perspectives.
The first case study will analyze the participation of National Senator Diva Gastelum during the
LXI Legislature session (2009-2012), her role in Congress as a female politician, her
participation rate, and engagement with issues that concern females. This case study will aim to
11


analyze the role women play in the legislature and look at the kind of agenda one female
politician sets forth. The second case study will analyze the legislative process in Congress by
following the history of the Ley General de Victimas (General Law for Victims), a piece of
legislation that was passed in the LXI Legislative session and aims to provide services to victims
of violence and crime. It includes information regarding who presented this initiative, its
supporters, implementation, and current state and challenges. I will also look at Amnesty reports
of individuals that have been victims of violence and how the state has responded to their needs
without this piece of legislation. By reading and analyzing the Amnesty reports I anticipate to
gain knowledge of how female victims of violence are perceived and treated when they make a
claim against their abuser, as well as become informed of some of the present barriers in
adopting these types of policies. The examination of these reports is directed to show the harsh
reality of not passing legislation against violence.
The two case studies were chosen to illustrate the complexities of passing legislation
against violence and to show the contrast between the work of a senator representing both her
party and womens issues. The first case study highlighting the work of Senator Gastelum was
chosen because she is a female Senator that plays a central and balancing act within her party.
On one side Gastelum is tasked to represent her political party, the PRI a traditionally centric
party, while at the same time she has also openly embraced her role as a female Senator fighting
for womens equal rights. This balancing act will be analyzed to see how she balances both her
roles as a strong PRI party leader but also as a female fighting for parity within the political
system. Gastelums background reflects that of a typical female representative that has worked
her way up, holding secretarial and administrative positions before being able to reach a higher
position within her party. She also comes from and represents the state of Sinaloa, which is one
12


of the few states that has pushed political parties to increase spending on training women for
leadership positions. Currently, Sinaloa is the only state with the highest percentage of political
funding for women in the country (Mexican, 2013). Since no law alone will stop violence from
occurring one must analyze how issues around violence are being approached. The second case
study following the Ley General de Victimas (General Law for Victims/LGV) initiative was
chosen to show how Mexico is responding to violence and taking care of victims of violence. It
was chosen to analyze specifically how legislators view violence and legislation, if political
parties are working together with other groups, and to review if any women have been involved
in the creation of legislation against violence. This initiative will be analyzed to learn more
about the political process in passing legislation and measure the interest of those in Congress in
how to respond to violence and take care of victims. These two case studies complement each
other, the reader will get to see two sides in the process of passing legislation, one side on the
views of a female Senator and the other side on what actually happens on the floor during the
legislative process. With these two case studies, I demonstrate that Mexican female politicians
are making a difference in passing legislation against violence, despite the complexities and
barriers in passing legislation.
Thesis Parameters
This thesis will focus specifically on the role of one female politician from the PRI party
in Congress, and one piece of legislation to assist victims of crime during the LXI Legislative
session (2009-2012), recognizing that more in-depth research is needed. More research is
needed on legislature presented against violence, the rate of female politicians writing and
advocating for policies against violence, the participation of female politicians at different
political levels, as well as many other factors that include regional differences, and the influence
13


of culture. I will not address ongoing initiatives to change language used in current violence
legislation as a tendency to define the same term in different ways or lump together the same act
is present. Nevertheless, I do address the role of combining various initiatives into one, as will
be observed in the second case study in Chapter IV. Mexico, a democratic state, recognizes a
separation of Church and State, conceding that religion does play an influential role in Mexican
culture. I will not address the role of the Catholic Church. This thesis will look specifically at
the issue of violence against women and political representation, recognizing that there are many
equally important womens issues that include parity in the work place and reproductive rights.
Thesis Outline
The thesis is divided into five chapters: Chapter I is an overview of the thesis proposal
which includes an introduction to the problem and research questions, as well as theory on
womens representation, background on quotas, a literature review of the current literature
focusing on womens representation in Mexico, thesis methodology, and thesis parameters.
Chapter II further analyzes womens political representation theory and some literature on
quotas. Chapter III provides historical background of womens rights in Mexico highlight
womens suffrage, and some historical background and norms on gender violence in Mexico. It
addresses how the Mexican political system is structured, as well as some background on how
Mexican political parties have implemented quotas. Chapter IV presents the two case studies
and analyzes how each one can help answer the research questions. Finally, Chapter V is the
conclusion and recommendations where I will show mixed results, Mexican female politicians
are somewhat effective in creating policies against violence even though their representation
numbers surpass critical mass theory. In addition, it highlights some of the barriers in
implementing these policies and some recommendations for further research.
14


CHAPTER II
REPRESENTATION THEORIES AND QUOTAS
Many theories examine womens political representation. This thesis will explore two of
these theories: 1) Hanna Pitkins representation theory, which describes what it means to be
represented and by whom; and additions by Anne Phillips that explains how one is represented;
and 2) Rosabeth Moss Kanter and Drude Dahlerup critical mass theory, which describes that a
specific number of female representation is needed to affect change. Other scholars address how
womens political is influenced by gender. Scholars like Henderson (2010) have noted that
Western political systems have historically been created for men by men, leaving women and
minorities out of the picture. In the next section I describe the relevance of womens political
representation through representation theory and critical mass theory.
Representation Theory
Representation theory provides the theoretical context for studies which explore womens
political representation. Pitkin (1967), a central scholar in representation theory, focuses on the
concept of representation. She notes that representation as a concept is widely used with often
little understanding of its actual meaning. In this context, representation is understood as
popular representation, and to be linked with the idea of self-government, of every mans right
to have a say in what happens to him (Pitkin, 1967, p. 3). This definition now includes a
mans right to encompass women and minorities. Pitkins representation theory includes
descriptive and substantive representation. Descriptive representation as described by Pitkin
refers to the making present of something absent by resemblance or reflection as in a legislator
that is elected in a way that mirrors its constituency to stand in in government. In other
words, when a female representative is elected, she is said to mirror or have the same qualities
15


as her constituents. In theory, using descriptive representation there should be a proportional
amount of female representatives in politics to mirror the overall constituent population. In the
case of Mexico, following the logic of descriptive representation, the number of female
representatives that should be in politics should be half of it, since Mexicos population is 51
percent female. However, this does not necessarily mean that those women would act in support
of womens issues.
On the other hand, substantive representation refers to an elected legislator that acts for
its constituents, meaning that a female politician would act in pushing and voting toward issues
that would benefit women. Pitkin points out how with this type of representation the legislator
should not take excessive risk but, at the same time, should not make self-sacrifice gestures
and should act as if they will eventually have to justify their actions. This distinction speaks to
the influence of female politicians and the role they play in creating legislation. For example,
applying Pitkins concept of descriptive representation, a female politician might be elected by
female constituents of similar qualities. However, this female politician might have her own
political agenda that does not necessarily reflect the needs of her female constituents. Applying
Pitkins concept of substantive representation, a female politician would act in support of the
issues that would benefit her female constituents.
Anne Phillips (1995) contributes to the theory of representation as she adds the spectrum
of representation of minority groups. She agrees with Pitkin that it is important for minorities to
be represented by someone in their own group, because often they will work for the essential
issues of their constituency. She concedes that even if it would be more appropriate to have
women represent women in issues of sexuality, one must not dismiss that a man might be able to
do the same if he ascribes to the same beliefs as a woman. She notes that too much focus has
16


been put on the differences between groups and that often times that is what separates us from
achieving similar goals. At the same time, she argues that there needs to be operating methods
so that we hold our representatives accountable for their work on our behalf. She notes that
when policies are worked out for rather than with a political excluded constituency, they are
unlikely to engage with all relevant concerns (p. 13). In other words, in order for legislation to
be effective, a representative must work together with their constituency for a common goal,
rather than impose policies on them later on. Phillips emphasizes the need of a balanced
democracy, where all groups not only vote, but also call for accountability in all aspects of
society. She notes that we should not have to choose between either/or in having our ideas or
political presence in the legislature. Phillips stresses the importance of not only holding our
representatives accountable for the way they represent us, but also hold ourselves accountable on
the way that we as a society allow inequalities to continue and what we do every day to support
that.
Critical Mass Theory
Critical mass theory by Rosabeth Moss Kanter (1993) and Drude Dahlerup (2006) further
contribute to the study of womens political representation by adding another dimension.
Critical mass theory states that in order for women to make a difference in legislation, their
participation numbers must grow considerably. As only as their numbers increase, will women
be able to work more effectively together to promote women-friendly policy change and to
influence their male colleagues to accept and approve legislation promoting womens concerns
(Childs & Krook, 2008, p. 725). Dahlerup identifies 30% as the number that women need to
occupy in political office to make a significant difference in legislation. She concedes that 30 is
just a number and that other factors like societal attitudes and critical acts can further bring
17


change (Childs & Krook, 2008). Literature on critical mass theory is mixed; some scholars
argue that increasing the numbers of female legislators in fact does make a difference while
others argue that it does not. Hendersons (2010) research has pointed to the fact that women
often must reach a critical mass before they are not only able to effect change for women but
that theses female politicians must also be interested in bringing change to womens issues (p.
27). However, other scholars like Childs and Krook (2008) present the findings from Carrols
2001 study where she shows that an increase in the proportion of women elected actually
decreases the likelihood that individual female legislators will act on behalf of women as a
group (p. 725). Carrols study points to the need for further research in womens political
representation as to what other factors might be involved in representation. Overall, the study of
womens political representation is significant because apart from considerations of democracy
and social justice as well as the most efficient use of human resources, female participation in
politics, particularly at the highest level is seen as important since it provides representation for
another point of view (Jensen, 2008, p. 12). In the following section, current scholars take the
field further as Htun (2010, 2012), Piscopo (2010, 2011), and Rodriguez (1998, 2003) focus
specifically on Latin America.
The political representation of Latin American women is rising. Rodriguezs (2003)
research on Mexico points out that the goal for Mexican women is to reach the critical mass
that will allow them to advance their position and that of all women in Mexican society (p.
191). Rodriguez notes that even though women have gained more political seats at the federal
level, more work still needs to be done at the state and local levels, as representation at these
levels is still low. However, she is confident that Mexican women are going in the right
direction as they demand equal rights for participation and have been able to work together for
18


common goals, despite their different party affiliations. Htun and Piscopo have taken descriptive
and substantive representation in their research as they focus on Latin America. Their extensive
research has found that the number of women in politics is increasing, but that quotas in fact
have more effect in placing women in legislator positions than economic development or other
socioeconomic factors (Htun & Piscopo, 2010). They have found that Latin American female
politicians, in general, occupy positions in politics that are less powerful or areas of soft
policy. In other words, male politicians continue to occupy the political positions that gamer
more power for change like committees that are in charge of dispensing federal funds. While
women occupy the committees dealing with social issues like family relations and health. This
trend of women in soft committees is true around the world (Equality, 2008). Keeping women
on these committees enforces the stereotype that women are not capable of leadership in other
fields like economics or government, furthering women from reaching parity with men in all
fields. Not having women in hard committees also limits womens voices and perspectives
heard in determining financial priorities and shaping national agendas (Equality, 2008, p. 65).
Htun and Piscopo (2010) found that inclusion does not lead automatically to the substantive
activity of representation that women in fact have to be interested in womens issues and really
advocate for policy changes by working together with other women and civil society groups (p.
8). However, Htun and Piscopo concede that most of the policy changes that have been achieved
for female issues have to do with policies against female violence and quota changes. Some of
their (2010) recommendations to increase womens political participation include: political
parties to adopt measures to expand womens opportunities to gain access to political office,
formalize womens caucuses and commissions, encourage cross party cooperation, and devote
funds for female training.
19


Through their research Htun and Piscopo (2010) have found that the connection between
womens presence and their empowerment depends not only on having a critical mass in political
office but also on the societal beliefs and institutional arrangements that structure their
opportunities to act effectively (p. 12). The need in womens political representation to analyze
not only a critical mass but also to look at the societal structure ties to Phillips addition to the
representation theory in that everyone in society must look at the role they play in keeping
societal structures as they are. Overall, Henderson (2010) notes that womens presence in
political office, particularly in legislation, does matter, as does their voting patterns. When
compared to men, women elected officials are more progressive, more consensus-oriented, and
more likely to introduce legislation that directly addresses womens concerns (health care,
education, welfare) (p. 7). At the same time, research on women legislators in Latin America
has found that they are as effective in getting all types of legislation passed as their male
counterparts, in some case more so (p. 26) showing that women do make a difference in passing
legislation and are an essential part of any democratic political system.
The Role of Quotas
This section will analyze the intersection between quotas, representation and critical mass
theories in Mexican politics. According to critical mass theory a 30 percent number of elected
female representatives must be active in politics to affect change. In Mexican politics quotas
have currently been set at 40 percent. Following the logic of critical mass theory, therefore once
Mexican women reach 30 percent in political representation they will be able to influence the
political structure which includes the different types of legislation that are passed. In other
words, once female representation reaches 30 percent they will have more influence in politics.
However, it is not clear whether that number should apply to the whole country as a whole, or if
20


it should be met at different political levels. Although, at the federal level the 30 percent number
stated in critical mass theory has been surpassed, this is not the case at the regional and local
levels. Mexican women have only been able to reach 6 percent of high political positions at the
regional and local level (INEGI, 2012). The disparity between the numbers of female politicians
at the different levels of government leaves the question of whether change is possible without
reaching 30 percent at the regional and local level. It also brings us to question whether critical
mass theory is still applicable to womens political representation; this question is beyond the
scope of this thesis.
As far as representation theory and quotas, I look at this intersection through the concepts
of descriptive and substantive representation. Addressing descriptive representation and quotas,
quotas in fact make it easier for women to access political office, but at the same time fail to
clearly represent the electorate in Mexico since in most cases quota numbers are not reached.
Unfulfilled quota numbers are due to many factors, most importantly that no mechanism exists to
enforce them, and many loopholes exist in the law for parties to resist them. One of the
loopholes used by parties is the phenomenon termed Juanitas in which parties nominate
women, elect them, and later have them step down so a male substitute can take their place
(Castro, 2012, ]}. 2). In the 2009 Congress elections 9 female candidates denounced their seats to
a male substitute (Piscopo, 2011, p. 43). This shows that other factors are at play in Mexican
politics that go beyond quotas. Following the logic of descriptive representation and quotas one
might suppose that since the total female Mexican population consists of 51% this would
translate to the same amount of political representation. However, as described above Mexico
quota is set at 40%. In this view, quotas limit the amount of female political participation. On
the other hand, addressing substantive representation, not all elected women necessarily advocate
21


for issues of gender as some are more concerned on advancing their own personal agenda.
However, the intersection between substantive representation and quotas research by Piscopo
and Franceschet (2011, p. 454) has shown that women elected through quotas in fact suffer more
of a mandate effect in which they are compelled to speak and act for women. More of this
mandate effect will be further addressed in the first case study in Chapter IV analyzing Senator
Gastelums initiatives.
22


CHAPTER III
BACKGROUND
This chapter includes different background sections including a brief historical
background of the Mexican womens movement from the 1900s up to 1995, background of
gender violence in Mexico, how the Mexican political system is organized, and background on
the role of quotas in the Mexican political system. The Mexican womens movement is included
to show that Mexican women have always been politically active. Gender violence background
in Mexico highlights some dates of Mexicos accomplishments in passing and adopting norms
against gender violence. The Mexican political system section gives a brief background on how
the political system is structured and organized. The role of quotas in the Mexican political
system section addresses how Mexican political parties have implemented quotas within their
party.
Mexican Womens Movement
Womens activism and participation in politics is not new for Mexican women. Women
have been politically active since the times of La Malinche helping Cortez in the conquest of
Mexico, to Sor Juana voicing her thoughts against injustice, to the times of soldaderas (female
soldiers) participating in the Mexican Revolutionary war of 1910. Mexican women have always
had an active role in the history and politics of Mexico (Jaquette, 1994). However, not
recognizing Mexican women as equal citizens in the political system, as stated in the literature
review, has made politically active Mexican women throughout history appear rather invisible.
This section aims to show that Mexican women have always been present in politics fighting for
equality.
23


Jaquette (1994) and Rodriguez (1998) have done an immense amount of work in
compiling Mexican womens historical political participation. They both note that Mexican
women have always been involved in some type of politics and that often policies are geared
toward the presiding Presidents perception of womens issues. The Mexican womens
movement is divided into different waves or times periods that focus on different issues
starting in the 1900s. The early 1890s were a period of changes in Mexico as the country grew
and established itself as its own State away from Federalism and the rule of Spain. Dictator
Porfirio Diaz ruled the country during this time. He is recognized for centralizing the
government, bringing stability to the country and growth of the economy while in office.
However, economic growth also brought many inequalities between different parts of the
country and conflicts arose to overthrow Diaz as different groups demanded change for more
freedom. Facing an armed revolution and Francisco I. Madero, a candidate from the opposition,
Diaz officially resigned in 1911 and was exiled to Europe. While Madero was in power he
passed various reforms that allowed different parties to form, from opposition parties to unions
and agrarian groups. Maderos time in power was short lived as his party was weaken by
divisions within and he was kidnapped and killed by Victoriano Huerta, military commander of
the city, who took power. To this news other groups lead by Venustiano Carranza organized to
overthrow Huerta, seen as an illegitimate ruler, and started the constitutionalist movement to
restore order recognized by the 1857 Constitution. By March 1913, Carranza had taken over
office as he was recognized as the only authority to have been elected democratically by the
resistance.
Carranzas time in office consisted of passing social reforms for different groups and
legitimizing and adjusting the laws of the new State. One of the social reforms that signals the
24


beginning of the Mexican womens movement was on December 29, 1914, as the government of
President Carranza, influenced by Hermilda Galindo, a well known Mexican feminist, authorized
a law granting divorce and remarriage, giving women more rights in relationships. Mexican
women started organizing as the First Feminist Congress in Mexico was held in Merida on
January 1916, and whose participants consisted of mostly middle class women. Topics of
discussion included secular and sex education, political participation of women, and the
alignment of their agenda for the Constitutional Convention of 1917. However, this group was
split on the topic of suffrage, as some women agreed that women should be equal to men, while
others argued that women are different and were not psychologically ready to participate in
politics, a field seen only for men.
One woman, a well know Mexican feminist that supported womens equal rights, was
Hermila Galindo. Galindo, known for speaking out for womens equal rights, presented [her]
demands for womens suffrage to the all-male constitutional convention meeting in Queretaro in
1917 arguing that women ought to have rights for equal representation (Jaquette, 1994, p. 200).
This same year the Mexican Constitution gave all male citizens the right to vote, the National
Election Law of 1918 explicitly limited the vote to registered males 18 years or over if married
and 21 if not clearly eliminating a womans right to vote. At this time even though women
were considered citizens of the state with limited rights, they were only counted and considered
under the care of a male family member (Jaquette, 1994, p. 200). Most women in the movement
were either part of the elite class or with the feminist movement; this split however did not stop
the womens movement as they continued to push for equal rights. A victory was received in
1917 as the Law of Family Relations was passed which gave women the right to receive
alimony, to manage and own property, to take part in legal suits, and to have same right as men
25


in the custody of their children (Jaquette, 1994, p. 200). Feminists realized that they had to
become better organized and, in 1919, the Rita Cetina Gutierrez feminist league was founded,
with its purpose to promote the political participation of women and support local candidates
for government positions showing how some women were willing to work together to push for
equal rights (Rodriguez, 1998, p. 91).
The second wave of the womens movement occurred in the 1920s, during this time
Carranzas time in power came to an end when he was assassinated by rebel troops on April
1920. Adolfo de la Huerta took interim power until Alvaro Obregon, secretary of war, took over
office. Huerta was able to achieve peace with the northern rebels of the country, and in August
1923 Obregons government was officially recognized by the United States (Urrutia, 1994). In
1923, El Consejo FeministaMexicano (Mexican Feminist Council) and the Mexican section of
the Pan American League for the Advancement of Women were founded. Both aimed at
orienting women toward socialism and to promote the civil rights of women (Rodriguez,
1998, p. 92). These organizations were successful, as evident in 1923 when the states of Yucatan
and San Luis Potosi gave women the right to vote in state and local elections. Unfortunately,
local politicians against the measure later took away womens right to vote. During the same
year President Obregon announced that his successor would be Plutarco Elias Calles. When
President Calles (1924 1934) took power his focus remained on growing the economy as he
established the Bank of Mexico, the only one authorized to print money. In 1925, Chiapas
became the first state to enact complete equality of political rights for women in local and state
elections, extending to them the same political rights as men, including the right to vote and
stand for all offices (Jaquette, 1994, p. 201). It was during this time that political parties took
notice of these womens groups influences as the Partido Nacional Revolucionario (National
26


Revolutionary Party/PNR) and Partido Nacional Antireeleccionista (Antireelectionist National
Party/PNA) in 1929 officially recognized that womens rights could be a useful political issue in
campaigning, and the need to have women actively participate in womens movements. With
this in mind the PNA, the opposition, ran Jose Vasconcelos for President. His campaign
included womens suffrage in its political platform and a large number of women in its ranks
(Jaquette, 1994, p. 202). The PNA party lost the election to Calles candidate Ortiz Rubio from
the PNR, but for the first time it was recognized by political parties that women were an essential
part of their constituency. The PNR would later become the PRI and it would become tradition
that each president would elect its successor (Urrita, 1994).
The third wave in the 1930s included women from different groups coming together.
During this time President Ortiz Rubio was seen as an ineffective leader under the influences of
Calles. Rubio resigned in 1932 after attempts against his life, he was succeeded by interim
President Abelardo Rodriguez until the next election in 1934 when Lazaro Cardenas from the
PNR was elected by Calles to rule. The meetings of 1931, 1933, 1934 of the National Congress
of Women Workers and Peasants showed a divisive line between the communist women and
autonomous feminist movement as debate about whether women should pursue an autonomous
agenda or subsume the gender struggle to the class struggle became a topic of discussion
(Jaquette, 1994, p. 203). At the end of the Congresses common ground was reached as both
groups agreed on an eight-hour work day, minimum wages, paid leave for child birth, support for
single mothers, punishment for abusive husbands, easier divorce proceedings, and the creation of
jobs for women. Reaching common ground on issues showed the different groups of women that
they did in fact share common goals, and that their differences were just barriers for change. So,
in 1935, all the different womens groups of the time united to create one group, the Frente
27


Unicopro Derechos de laMujer (Sole Front for Womens Rights, FUPDM). The groups
membership included 50,000 members and it united feminists from different backgrounds as it
advocated for employment centers, created a childrens department, pushed to reform labor law
and civil code, and lobbied the government to give women the right to vote. Due to the hard
work and advocacy of this group, on November 23, 1937 President Cardenas proposed to amend
Article 34 in the constitution, to give women full citizenship, as it went to the National Congress.
By May 1938 all states were in support of this amendment but the National Congress did not
approve and thus failed to give women the right to vote, even though 16 states of the 28 at that
time had already given women the right to vote in local elections (Jaquette, 1994).
During the next presidency, the FUPDM lost its belligerence and political visibility in
the mist of Camachos, the new president, conservative views of women, and concentrated more
on establishing social programs (Rodriguez, 1998, p. 99). Showing that the perspective of
womens issues by a President made the womens movement push for equal rights susceptible to
whoever the Mexican President was at the time. Camacho also ended the presence of the
military in government and adhered to Catholic beliefs as World War II continued around the
world. It wasnt until 1947, when new President Aleman was elected that the FUPDM was again
able to influence politics, as legislation was passed reforming Article 115 of the Constitution that
gave women the right to fully participate in municipal elections (Rodriguez, 2003). The FUPDM
had some political influence as Amalia Caballero de Castillo Ledon, part of the Alianza de
MujeresMexicanas (Mexican Womens Alliance), used her close connections to the new
President Ruiz Cortinez to convince him to tackle womens suffrage. In 1953, Cortinez agreed
that if Castillo Ledon was able to gather five hundred thousand women to sign the petition on
behalf of the measure he would declare equal suffrage (Rodriguez, 2003). Castillo Ledon was
28


successful in gathering the signatures, and President Ruiz Cortinez officially passed legislation to
amend the constitution and electoral law to give women equal rights with men and the
opportunity to participate in politics. This was a great achievement for Mexican women and, in
1955, the first four Mexican women were elected to Congress. However, this achievement was
bittersweet as the government at the time was controlled by the PRI party, and these womens
voting patterns remained in line with those as men. In 1958, the first Presidential election was
held in which women had the opportunity to vote, doubling the total number of voters. Adolfo
Lopez Mateo, from the PRI, was elected, his policies focused on cultural reforms, nationalizing
electric companies, land reform, social welfare, and growing international relations. He faced
social movements from teachers, doctors, train workers, and labor workers for increase in wages
and benefits (Urrutia, 1994). In response he passed different policies establishing social security,
free textbooks for all students, and passed minimum wage legislation, he became one of the most
popular presidents, so much that the opposition likened him to a movie star (Urrutia, 1994, p.
253). During the 1960s the womens movement weakened, as suffrage had been passed, and
most womens organizations became government sponsored, as the PRI absorbed many
politically active women and channeled them into positions within the bureaucracy (Jaquette,
1994, p. 205). This was a time of stability and growth for Mexico, until the next President
Gustavo Diaz Ordaz (1964 1970) came to power. Ordaz was faced with a student movement
protesting the amount of political repression and lack of democracy. Facing growing
manifestations by students and the middle class, Ordaz ordered in 1968 the massacre of a
peaceful student protest in Tlateloco, awakening other parts of society about their role with
government.
29


The next wave of the womens movement started in the mid-1970s as the 1973 economic
crisis hit. Luis Echeverria (1970 1976), from the PRI, was president during this time. He
passed policies allowing some liberties for political discourse within government, but not on
television or radio, the mediums that reached society (Urrutia, 1994, p. 256). Students, middle
class, and young professionals not conformed with the freedoms allowed began to question
womens role in society and the inequality between men at home and the work place. During
this time issues like denouncing oppression, analyzing gender roles, abortion, raising
consciousness and sexual freedom became very important. In 1974 the Coalicion deMujeres
Feministas (Coalition of Feminst Women) also raised awareness of all the problems women
faced in Mexico and the Mexican government lack of responsiveness at the United Nations
convention, and called for women to wake up against all the inequalities (Rodriguez, 2003, p.
104). The year 1975 became a central time for Mexican women as it was named the year of
Women and the International Womens Year Conference was held in Mexico City. This
conference by the United Nations brought together 133 of their member states and was designed
to bring to discussion issues of gender inequality, and set forth a plan to make changes to achieve
equal rights between men and women.
The 1980s were faced with another economic crisis which brought Structural Adjustment
Programs (SAPs) to Mexico, cutting many social services that primarily affected women and the
poor, opening the door to many non-governmental organizations (NGOs) to provide basic social
services. NGOs became primarily focused on gender issues like the design of public policies
dealing with women, such as violence, sexual crimes, technical training, and reproductive
health (Rodriguez, 1998, p. 136). The womens movement weakened during this time due to
limited resources opening a door for NGOs to take on advocacy for womens issues. President
30


Miguel de la Madrid (1982 1986) tried to fulfill campaign promises to create a more
equalitarian society, failing as the number of poor people grew, the middle class was cut in half,
and the wealthy got wealthier (Urrutia, 1994, p. 259). Madrid faced the growth of drug
trafficking to the United States, many accusations of corruption in the political system, and the
failing prices of oil. The 1990s brought many political changes and the womens movement
became focused on getting women involved in politics. However, the political scene shifted in
the legislature and all attention and energies were focused on male issues like party finances,
rules of electoral system, and distribution of positions, pushing away any political feminist
agenda (Rodriguez, 1998, p. 180). Carlos Salinas de Gortari (1988 1994), from the PRI, was
president during this time. A turning moment in the womens movement occurred in 1994 as
outgoing President Salinas faced the Zapatista movement, the joining of NAFTA, and an
economic crisis devaluating the peso, sending the country to instability were the president was
forced to take military action.
The Zapatista movement occupied the state of Chiapas and called for more rights for the
indigenous and marginalized populations in the country. This movement attracted many groups
including feminist and LGBT groups that felt were being marginalized in politics. Indigenous
women in the Zapatista movement and feminists organized the Chiapas Womens Convention,
which offered educational workshops on health, violence, and economic survival (Rodriguez,
1998, p. 161). The Zapatista movement gave its participants leverage by gaining global support
and pressuring the incoming President Zedillo to launch anti-poverty campaigns and allowed
negotiation on issues like political representation, political autonomy, land rights, and
compensation for resource extraction (Baum, 2010, ]}. 12). By joining NAFTA Mexico had to
adopt neo-liberal policies that included lowering trade barriers with the United States and
31


Canada. In turn, some of the population publicly demonstrated their disagreement with the new
policies as competitive advantage and jobs were lost.
In 1995, the Convencion Nacional deMujeres (National Convention of Women, CNM)
was organized to include sessions over issues like womens control over reproduction, violence
against women, rape, representation at all levels of government and in formal terms in the
constitution, and equal working conditions and pay showing movement towards gaining equal
representation in politics (Rodriguez, 1998, p. 161). Since the 1990s Mexican women have
gained more political participation and representation as their numbers in political office
continue to grow. Even though more work still needs to be achieved in terms of control over
reproduction, one can observed that Mexican women have and will continue to fight for equal
rights. The following section will further address some background on gender violence in
Mexico, on the achievements and norms adopted by the Mexican government against gender
violence.
Gender Violence Background
As noted earlier, violence against women in Mexico really became into focus in the
1970s as people began questioning womens role in society and the inequality between men and
women at home and the work place. During this time issues like denouncing oppression,
analyzing gender roles, abortion, raising consciousness and sexual freedom became very
important. Feminist organizations focused on three main themes: a) voluntary maternity, b)
violence against women, and c) freedom of sexual choice (Rodriguez, 2003, p. 104). The year
1975, a central year for Mexican women, brought attention to Mexican womens issues in the
country and became a catalyst for change. The following years after the UN conference
feminist activity flourished: the first feminist publications appeared; the first womens studies
32


course was taught; and the first rape crisis center was established (Rodriguez, 2003, p. 105).
Mexico recognized some international norms on violence against women, as it adopted many
conventions and laws recognizing the unequal status of women in their society and efforts passed
to combat violence against women. In 1981 Mexico took a big step in officially recognizing
discrimination against women as a problem, they attended and ratified the UN Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW). Unfortunately, the
economic crisis during this time affected social programs and it is known as the lost decade
since the Mexican government was forced to curtail all social spending, and any government-
sponsored efforts related to women were essentially discontinued (Rodriguez, 2003, p. 107). It
was not until 1991 that women from different political parties came together, and Congress
passed legislation reforming the Rape Law, for stiffening penalties against rapist and for better
protection for victims (Rodriguez, 2003, p. 109). In 1993 Mexico also ratified the Declaration
of Violence Against Women (DEVAW) recognizing the need of Mexican women to live a life
free of violence. The year 1994 marked another year in which Mexico attended the Inter-
American Convention on the Prevention, Punishment, and Eradication of Violence Against
Women Belem Do Para Convention in Brazil. This convention aimed to bring further
attention to violence against women and call for action. In 1995 Mexico implemented
PRONAM, a program aimed to helping women. On August 8, 1996 Mexico passed a law for the
Assistance and Prevention of Intra-Family Violence, establishing centers for the assistance of
victims; unfortunately this was only implemented in Mexico City. Further, in 1998, Mexico
went on and ratified Belem do Para. In 1999 Mexico created PRONAVI to help women victims
of violence, which in 2001 became INMUJERES, a governmental organization that aims in
creating gender parity and create a culture free of violence against women. The year 2006
33


marked the first time the PGR created a special department in charge of managing and
prosecuting cases of violence against women, adding in 2008 the treatment of persons as well.
During this time the Mexican Chamber of Deputies also authorized the creation of the Programa
de Apoyo a las Instancias de Mujeres en las Entidades Federativas (Program to Support the
State Level Institutes for Women/PAIMEF) which has set aside part of the annual budget to fund
state level womens programs that seek to detect, prevent, and eradicate violence against
women (Piscopo, 2011, p. 309). One of the success stories in the fight against gender violence
was the 2007 passage and publication by the president of the Ley General de Acceso de las
Mujeres a una Vida Libre de Violencia (Law for General Access of Women for a Life Free from
Violence/LGAMVL) which aims to define violence as psychological, physical, sexual or any
other type of violence that harms or is likely to harm women's dignity, integrity or freedom"
(Kennedy, 2007, ]}. 11). It also requires federal and local authorities to respond appropriately.
Even though all these laws, norms, and conventions have been adopted there is still a
long way to go. Currently, 44 womens shelters operate nationwide to respond to violence
against women (Organizacion, 2012). A far cry from improvement considering 37 years have
passed since the establishment of the first one in 1976, and that there are 31 states in a country
were 65 percent of its female population has been a victim of violence. Clearly, something more
than norms, laws, and conventions are needed to combat violence against women. The United
Nations CEDAW Mexico status report states that Mexico has in fact made some advancement,
but still needs to systematically and continuously implement all provisions as it has failed to
keep girls and women free of violence (Convention, 2012, p. 2). The status of implementing
CEDAW goals and compliance, and the 2007 law will be further address in the barriers section
34


in Chapter IV. The following section will give a brief background on how the Mexican political
system is structured.
Mexican Political System
Mexico is a Federal Representative Republic composed of 31 states and 1 Federal
District. The government structure is divided into three branches. The first is the Executive
Branch, composed of the President, who serves in six-year terms known as the sexenio. The
second is the Judicial Branch, composed of the Supreme Court of Justice, the Electoral Tribunal
and other courts. The third is the Legislative Branch, composed of the Congreso de la Union
(Congress of the Union). The Congress is divided into two chambers, Camara de Senadores (the
Senate) and Camara de Diputados (Chamber of Deputies). The Chamber of Deputies has 500
members, each member serves a 3-year term, 200 of those members are elected by proportional
representation, while the others are elected from single-member districts. The Senate has 128
members, each state is allowed four seats, and they serve in 6-year terms. Both the Senate and
the Chamber of Deputies are in charge of introducing initiatives, passing legislation, as well as
reviewing and approving initiatives by the President. Congress has two ordinary sessions per
year,
The first session begins on November 1 and continues until no later than
December 31; the second session begins on April 15 and may continue until July
15. A Permanent Committee (Comision Permanente), consisting of thirty-seven
members (eighteen senators and nineteen deputies), assumes legislative
responsibilities during congressional recesses. The president may call for
extraordinary sessions of congress to deal with important legislation (Mexico
Government, 2012, ]}. 11)
Regionally each state and local municipality has a similar structure for governing their
locality and passing laws. The three main political parties in Mexico are: 1 )Partido
Revolucionario Institucional (Institutional Revolutionary Party/PRI), 2) Partido Revolucionario
35


de la Democracia (Party of the Democratic Revolution/PRD), 3) Partido de Action National
(National Action Party/PAN). Each party approaches womens participation differently, this will
be addressed in the next section on the role of quotas in Mexican politics.
Historically, as noted in the womens movement section, Mexico comes from a
background of dictatorship and one party-rule style government. It was not until 2000 that the
PRI lost its one-party rule since 1910, to the PAN, the more conservative of the parties, to its
candidate for President Vicente Fox. Fox campaigned to end government corruption and
improve the economy. During Foxs presidency the Congress LVII Legislative session (2003 -
2006) was evenly split between the PRI and the PAN in the Chamber of Deputies, but not the
Senate. In the Chamber of Deputies the PRI had 41 percent of the elected seats, the PAN had 41
percent of elected seats, and the PRD held 10 percent of elected seats. In the Senate the PRI held
46 percent of elected seats, the PAN had 36 of elected seats, and the PRD held 12 percent of
elected seats. During the LIX Legislative session (2003 2006) the PRI kept control of
Congress, even though both the PAN and PRI lost some of its seats to the PRD. In the Chamber
of Deputies the PRI held 40 percent of elected seats, the PAN had 29 percent of seats, while the
PRD held 19 percent of elected seats. In the Senate the PRI held 44 percent of elected seats, the
PAN had 36 percent of elected seats, and the PRD held 11 percent of elected seats. The control
of Congress by the PRI made it hard for Fox to pass proposals to stabilize the economy and
improve bilateral cooperation in issues of immigration and drug trafficking (Vicente, 2013). Fox
was succeeded by President Felipe Calderon in 2006 also from the PAN. Calderon policies lined
with liberal fiscal policies and conservative social policies. As part of his policies Calderon also
waged a battle against the drug cartels increasing violence in the country (Bonner, 2012).
During Calderons presidency the Congress LX Legislative session (2006 2009) and LXI
36


Legislative session (2009 2012) were split. The Chamber of Deputies was controlled by the
PRI with 48 percent of elected seats, followed by the PAN with 28 percent of elected seats, and
the PRD with 14 percent of seats (Diputados, 2012). On the other hand the Senate was
controlled by the PAN with 39 percent of elected seats, the PRI with 25 percent of elected seats,
the PRD with 19 percent of elected seats (Estadisticas, 2012). This split also made it hard for
President Calderon to pass many policies, while at the same time he rejected some as will be
further discussed in Chapter IV case studies.
The Role of Quotas in Mexican Politics
The role of quotas in the Mexican political system shows how access for women to the
political system had to be institutionalized to encourage womens political representation. The
purpose of the quota law is to encourage and promote womens participation in political parties
by reserving a specific number of seats or appointments only for women to fill. Mexico
officially implemented quotas in 1996, following a 1990s international trend in which other Latin
America countries passed quotas, and made it mandatory for parties in 2002. The Mexican
political system for electing a representative consists of both a mixed system of proportional
representation (PR) and single-member. Proportional representation refers to the number of
candidates running for office; in other words more than one member can represent a constituency
from one district. Single-member refers to one person running for office for one constituency.
This difference in how one is elected to office is vital because proportional systems have
beneficial ramifications for female candidates; research shows that women are almost twice as
likely to be elected under the rules governing a proportional system (Henderson, 2010, p. 14).
Currently, in the 2012 Mexican Senate,
Political parties are required to guarantee that women constitute at least 40
percent of candidates. This applies to both lists of candidates for the PR election,
37


and the candidates for the constituency elections. However, parties who
democratically elect their candidates are exempt from the regulations COFIPE,
Article 219 (Mexico, 2012, 1)
Although quota laws have been implemented, no clear enforcement mechanism has been
established to make sure that political parties follow them. At the same time not all political
parties are supporters of institutionalizing quotas as the PAN initially opposed them, while the
PRI and PRD have formally and explicitly instituted a quota system both within its internal
party structure and its candidate list (Rodriguez, 2003, p. 180). Currently, each party has
implemented different levels of quotas within, the PRD leads with an internal quota of 50
percent, the PRI 30 percent, and the PAN ruled in 2000 that each pair of candidates (primary
and substitute) must contain one woman (Piscopo, 2011, p. 43). These differences are due to
the way each party views and approaches women. The PRD is the party that most progressively
supports women, its rhetoric views women as important actors in the workplace and in the
public sphere (Rodriguez, 2003, p. 121). Their platform clearly shows that they support
womens issues like equal pay, birth control, nonsexist education, proportional representation of
women in government, elimination of discrimination, and educational opportunities among
others. It was also the only party that stipulated thirty percent of its candidate list be women in
the early 1990s. The highest ranking women from their party include Amalia Garcia, who
became president of the party, and Rosario Robles, who became Mayor of Mexico City. In the
current LXII legislature, the PRD controls 104 of the seats in the Chamber of Deputies, 39 of
them women, that is 37% of female representation within the party at this level. In the Senate,
the PRD controls 22 of the seats, 16 of them women, that is 72% of female representation within
the party at this level (INEGI, 2012).
38


The PRI for the most part has been successful in attracting women to the party, as it
includes in their party statements that they are concerned with womens participation in the
formal structure of government, and that this participation must be commensurate with womens
contributions to society as a whole (Rodriguez, 2003, p. 116). They have also been very
involved with other womens organizations and through their platform support womens sex
education, birth control, womens control over their bodies, reforming laws against violence, and
encourage girls to stay in school. The establishment of OMNPRI shows that they are indeed
commited to womens issues, more on the role of the OMNPRI will be discussed in Chapter IV.
Most notably, the party has had women, like Beatriz Paredes, Maria de los Angeles Moreno, and
Dulce Maria Sauri occupy important positions of power within the party. In the LXII legislature,
the PRI controls 212 of the seats in the Chamber of Deputies, 80 of them women, that is 37% of
female representation within the party at this level. In the Senate, the PRI controls 52 of the
seats, 18 of them women, that is 35% of female representation within the party at this level
(INEGI, 2012).
The PAN, the most conservative of the parties, supports women in their rhetoric by
stating that they support women in whatever roles they choose, whether that means staying at
home to care for the family or running for public office (Rodriguez, 2003, p. 118). The party
platform includes celebrating the differences between sexes, prizing motherhood, and promoting
womens traditional roles. In spite of these views a few senior PAN women have been able to
reach positions in the national executive committee like Maria Elena Alvarez, Cecilia Romero,
Esperanza Morenos Boija, among others. In the current LXII legislature, the PAN controls 114
of the seats in the Chamber of Deputies, 36 of them women, that is 31% of female representation
39


within the party at this level. In the Senate, the PAN controls 38 of the seats, 11 of them women,
that is 29% of female representation within the party at this level (INEGI, 2012).
40


CHAPTER IV
A FEMALE LEGISLATOR AND THE PROCESS OF A LAW
This chapter will present two case studies. The first case study will analyze the
participation of National Senator Diva Gastelum. Specifically, it will cover her role in the
Senate as a female politician and engagement with issues that concern womens issues during the
years 2009 through 2012. This case study will analyze the role one woman plays in the
legislature and look at what kind of agenda she sets forth. The second case study will analyze
the legislative process of Congress by following the history of the Ley General de Victimas
(General Law for Victims/LGV), a current piece of legislation that aims to provide services to
victims of violence and crime. I will look at who presented this initiative, its supporters,
implementation, its current state and challenges. By analyzing both case studies I hope to gain
knowledge on how female victims of violence are perceived, to show the complexities of passing
legislation against violence, to show that passing legislation does not necessarily translate to
action, and to show the contrast between the work of a female senator and the process of passing
a law. The following section will give some context in which both case studies are being studied
by analyzing results from a national survey of Mexican citizens view of politics and the state of
Mexican politics during the LXI Legislative session (2009 2012).
Setting the Stage
To understand the case studies some context is needed. To accomplish this I will analyze
empirical data results of the 2008 National Survey on Political Culture and Practice of
Citizenship (ENCUP) by the Special Program for Promoting Democratic Culture issued by the
Mexican Ministry of the Interior. This national survey measures the views of Mexican citizens
of politics, the senate, institutions, and the rate of involvement and participation. This survey
was conducted at a national level in 2008, in the 31 states and 1 Federal district of Mexico, and
41


interviewed over 5,000 households. The main focus of the survey was to diagnose the political
culture and Mexican citizens practices; to identify the factors that explain, condition, and
contribute; with the main goal to be able to contribute and promote a cultural transformation that
can sustain democracy in Mexico (Encuesta, 2008).
Although Mexico is an officially recognized democracy the ENCUP survey revealed that
only forty-eight percent of Mexican citizens agree and believe to live in a democracy. This
paradox is reflected as most citizens note that they are not satisfied with the way democracy is
practiced, with twenty-seven percent somewhat satisfied, thirty-four percent little satisfied,
and twenty percent not satisfied. Another question considers how people identify in the
political spectrum. Twenty-nine percent of the population places itself on the right with
conservative views, eleven percent on the left with liberal views, and twelve percent in the
middle with centric views, however forty-one percent didnt know how to identify. This high
percentage of respondents (41%) not identifying could correlate to the way the citizens view
political parties. For example, when participants were asked how much trust political parties
inspired thirty-five percent stated none and thirty-six percent little trust, with only three
percent reporting that political parties inspired a lot of trust. Meanwhile, respondents believe
that political parties have the power to change things in Mexico. Thirty-four percent said much
power, thirty percent said some power, and only twenty percent of respondents said little
power. Trust was a big factor and of all the organizations that could be trusted an
overwhelming forty-two percent of respondents stated that the church was the one to inspire a
lot of trust. On the subject of security and trust, forty-five percent of respondents stated that
the police inspired no trust at all, twenty-seven percent said little trust, and eighteen percent
said some trust. The lack of trust in the police could correlate to their response to victims of
42


violence and why many episodes of violence go unreported. At the same time, citizens believe
that the government should intervene when violence inside families occurs. Sixty-two percent of
respondents agree and twenty-six percent disagree that some type of government
intervention is necessary to respond to intra-familiar violence. For the government to be able to
intervene in cases of violence, senators and public officials must enact the necessary legislation.
This response is hard when most of the population does not agree with the work being done by
their representatives. Thirty-one percent of the population somewhat approves of the job being
done by senators, while twenty-five percent disapproves a lot, and the rest are somewhere in
the middle. And as Phillips (1995) noted, change in legislation is hard when policies are
worked out for rather than with a political excluded constituency, they are unlikely to engage
with all relevant concerns (p. 13) making it less likely to have an adequate response to violence
through legislation.
When respondents were asked about what senators and deputies take into account when
passing legislature forty-nine percent believe that they take into account their own interest,
twenty-five percent believe they take the interest of their parties, and only ten percent believe
that they take the interest of their constituents into consideration. When asked how much
power individual legislators have to change things, thirty-two percent of respondents said much
power, thirty percent said some power, and twenty percent said little power. Thirty-seven
percent of the population also believes that better politicians are needed to represent
constituents. Thirty-four percent believe that better laws are needed to protect and help
people, and twenty-four percent agree that both better politicians and better laws are necessary
to bring change. Overall, a sentiment of disillusionment exist in Mexican citizens since they
believe they can only voice their opinion and change things through voting as 50% of
43


respondents agree with this statement. Additionally, 51% of respondents agree that politics
are sometimes too complicated to understand and might be correlated to why the disillusionment
exists. The disillusionment is further expanded as 68% of respondents agree that laws are only
created to benefit a few. Clearly something has to change to dispel the disillusionment and give
Mexican citizens a bigger sense of living and participating in a democracy. More needs to be
done to encourage a greater level of trust in the political system, whether that includes education
or encouraging participation and openness, since in a democracy citizens are supposed to control
the government by electing who represents them.
Further, some political context is needed to understand the setting of the two case studies
and the update on the LGV. During the LXI Legislative session (2009 2012), the Mexican
President was Felipe Calderon from the PAN, the more conservative of the parties, and his
policies lined with liberal fiscal policies and conservative social policies. As part of his policies
Calderon had also waged a battle against the drug cartels increasing violence in the country,
which might point to why Congress worked together to pass a General Law for Victims, more
will be discussed in the second case study (Bonner, 2012). Congress during this legislative
session was split. The Chamber of Deputies was controlled by the PRI with 48 percent of
elected seats (Diputados, 2012). The Senate was controlled by the PAN with 39 percent of
elected seats (Estadisticas, 2012) and a new President took over office on December 2013. The
following section will address the role of Senator Gastelum in Congress and her track record
during the LXI Legislative session.
Case Study 1: A Female Legislator
This case study will analyze whether National Senator Diva Gastelum is representing in a
descriptive or substantive role in Congress, as well as her effectiveness in passing legislation. I
44


will look at Gastelums role in Congress as a female, her level of participation, and engagement
with issues that concern women. By examining the life of Senator Gastelum in Congress as a
female politician I aim to respond these questions: 1) To what extent do women politicians
follow party lines and to what extent do women politicians have autonomous agendas? 2) To
what extent do women politicians get to participate in policy making and what role do quotas
play in female participation?
National Senator Diva Hadamira Gastelum Bajo, an only child, was born on July 30,
1961 in Guasave, Sinaloa. Her parents Felix Gastelum Lopez, a lawyer, and Edelmira Bajo
Romero, a teacher, note that being an only child, Gastelum had to be special, hence her name.
Diva is Latin for divine, and Hadamira, in Spanish a fairy that looks after others (ONMPRI,
2012). Her education includes a Masters in 1998 in Social and Family Law from the
Autonomous University of Sinaloa as well as a Bachelors in Law from the Occidente University
in Sinaloa. Gastelums background reflects that of many female politicians that have served in
different educational and local political posts before reaching the federal level. From 1987-1995
she served as the director at the municipal level of the Desarrollo Integral de la Familia (Integral
Family Development/DIF) in Sinaloa. From 1985 to 1988 she served for the Secretaria de
Educacidn Publica (Secretary of Public Education/SEP). From 1996 to 2001 she served as
Director of the Interdisciplinary Center of Investigation for the Integral Regional Development at
the Instituto Politecnico Nacional (National Politecnico Institute/IPN). From 1988 to 2001, and
2007 to 2009 she served in the local government as a deputy. Her federal representation
experience includes serving in the Chamber of Deputies from 2003 to 2006, and 2009 to 2012.
Gastelum was elected to the National Senate in 2012 by proportional representation to represent
district 4 Guasave in the state of Sinaloa. She has served in various ordinary and special
45


committees dealing with human rights, gender and equality, and constitutional issues (H.
Congreso, 2006). She has also served as president of the Gender and Equity Committee, which
focuses on reviewing how initiatives might affect women taking gender into account. Gastelum
is an outspoken supporter of womens equality and rights as she has addressed Congress on
many gender issues, but does this translate to sponsoring legislation that supports womens
issues? To find the answer, I will analyze all the initiatives Senator Gastelum presented and co-
sponsored in the Chamber of Deputies.
Gastelum presented and co-sponsored a total of 50 initiatives from September 2009 to
April 2012, of the fifty initiatives 14 were approved, 32 were not approved, and 4 are listed as
pending. In other words, Gastelum, as of April 2012, had a success rate of 28% in passing her
initiatives. This success rate is higher than most of her fellow female PRI members that average
an 11% success rate in passing legislation during the LXI session (Listado, 2012). The following
will outline the different initiatives presented to analyze if Gastelum is serving a descriptive or
substantive role as a female politician. I have organized the fifty different initiatives into 9
different categories depending on the subject they address. The most initiatives presented by
Gastelum, with nine, introduced in Congress deal with family issues. Family initiatives include
issues like childcare, elderly care, and creating a department to deal with family issues and
resources. Government initiatives follow, with eight initiatives, which deal with how the federal,
state and local systems work, how they are organized, and how political parties follow quotas
and encourage womens participation. Following, with seven each, are initiatives dealing with
workers and victims rights. Workers rights initiatives address issues of pensions, working
conditions, and benefits, while victims rights initiatives address victims compensation,
treatment by authorities, and services. Next with five initiatives each, are education, health and
46


human rights initiatives. Education initiatives address issues of access and cost, expanding the
curriculum, and expanding the development of information technologies. Health initiatives
address womens family planning as a basic service, prenatal and delivery services, and
psychological services for children. Human rights initiatives address the election of the president
of the National Human Rights Commission, rights of the disabled, immigrants rights, and the
passage of a law to prevent, investigate, and persecute those in violation of human rights as
declared by the United Nations. Lastly, with two each, are initiatives dealing with the
environment and womens equality. The two initiatives addressing the environment deal
specifically with disaster relief funds and allocating funds for the preservation and improvement
of needy areas. The three initiatives specifically addressing womens inequality, call for funds to
promote womens equality, eradicate violence and discrimination against women, and womens
expansion of health services like family planning and prenatal care.
Further, the initiatives that had the most success rate of passing were education
initiatives. Three of the five education initiatives presented in Congress were passed. See table I
for a breakdown of initiatives by category and rate of passage. Based on the initiatives presented
by Gastelum one can accurately state that she substantively represents women as most of her
initiatives are geared towards improving womens lives. Analyzing the initiatives presented and
co-sponsored by Senator Gastelum show that in fact she is not only acting in a representative
role, by being a female, but also in a substantive role by supporting womens issues. Her voting
record also reflects similar qualities as she has voted in favor of many social issues that help
women. The topics of her initiatives indeed affect women directly and indirectly, through
family, education, government organization, workers rights, victims rights, health, human
rights, womens equality, and the environment.
47


Table I Gastelum Proposed Initiatives in the Legislature Sept 2009 Apr 2012.
Category Passed Not Passed Pending
Family 0 6 2
Government 1 7
Workers Rights 1 6
Victims Rights 2 5
Education 3 2
Health 2 3 1
Human Rights 2 3
Womens Equality 2 0
Environment 0 1 1
At the same time Gastelum follows and supports her party lines as she serves as President
of the Organismo Nacional de Mujeres Priistas (National Organization of PRI
Women/ONMPRI). The ONMPRI was officially established in 1999 by the PRI to recognize
that women play a big part in the political process. The role of the ONMPRI is to engage
women, and promote gender equity, eradicate discrimination and violence against women, and
promote a culture of respect and equal opportunities between genders. As president of the
ONMPRI, Gastelum came up with a workplan listing the objectives she would like to
accomplish. The objectives in the workplan include: womens human rights, gender parity, PRI
party inclusion of workplan, and transparency of actions. Some specific projects she describes
include the creation of a virtual classroom to share ideas, reports, and information, to harmonize
the activities of all women in the party, and a course to teach all those in the party about
48


womens human rights and gender parity. Propositions in the workplan also include: the creation
and diffusion of the number of women and men in the party and the levels they hold, increase
indigenous womens participation in politics, support the professional development of young
women in the party, capacitate women to take on leadership positions, and support the creation
of the mechanism necessary to sanction the failure of the party to follow party rules.
Overall responding to the initial questions of: 1) To what extent do women politicians
follow party lines and to what extent do women politicians have autonomous agendas? and 2)
To what extent do women politicians get to participate in policy making and what role do quotas
play in female participation? Senator Gastelum has been successful in navigating party politics
and pursuing her own agenda that includes many womens issues specifically addressing the
inequality between men and women. She plays a central role in the PRI heading her partys
organization to promote womens political representation through ONMPRI. Gastelum also
presented and co-sponsored many initiatives showing that she gets to fully participate in policy
making, and it seems that female politicians whether there due to a quota or not get to fully
participate. Gastelum is serving as both representative and substantive representation roles, as
she is not only a female, but also supports issues that affect women. Her track record shows that
she gets to fully participate in policy making as she has been cited to be one of the most
productive senators in the legislature (Improductivos, 2012). Gastelums role as a female
politician further points out that perhaps there needs to be an additional category that combines
both descriptive and substantive representation in discussing womens political representation.
Case Study 2: The Process of a Law
This second case study will analyze one current piece of legislation, the Ley General de
Victimas (General Law for Victims/LGV), who presented this initiative, its supporters,
49


implementation, and its current state and challenges. This law was chosen to show one of the
ways the Mexican government is responding to the high incidence of violence. By analyzing this
piece of legislation, I will answer the following questions: 1) Are Mexican female politicians
writing and advocating effective legislation against violence? and 2) What are some of the
challenges and barriers in passing legislation against violence?
The Ley General de Victimas, was first presented in the Senate on April 22, 2010, by
Senators Felipe Gonzalez Gonzalez, Jaime Rafael Dias Ochoa, and Ramon Galindo from the
PAN (Ley General, 2012). The initiative requested the expedition of the passage and
implementation of a law for victims that would create the basis to respond to victims of violence
and crime. The initiative aimed to overcome problems of coordination between budgeting,
legislation, structure and infrastructure to be able to respond to victims immediate needs. More
urgently a response was needed to ensure the safety of victims and victims families from
organized crime. The initiative intended to provide services without the re-victimization of
victims, in different areas of their lives that includes judicial assistance, financial assistance,
medical and psychological services, and in some cases restitution. It asks that a Fondo Federal
para el Auxdioy Compensacion Economica a la Victima del Delito (Federal Fund for the
Assistance and Economic Compensation to Victims of Crime) be implemented, as a type of
emergency fund that could assist victims economically in dire need or extreme necessity based
on their socioeconomic status. At that time the initiative was assigned to the Comisiones Unidas
de Justiciay Estudios Legislativos (United Committee of Justice and Legislative Studies) for
analysis and review, and seems to have been stalled in that committee.
During another session, on December 28, 2011, the Ley General de Proteccion y
Reparacion Integral a Victimas de Violaciones a Derechos Humanos generados por violencia
50


(General Law for Protection and Integral Restitution to Victims of Human Rights Violations
Generated by Violence), an initiative really similar to the previous LGV initiative, was presented
by Senator Tomas Torres Mercado from the Democratic Revolution Party (PRD). The initiative
aimed to set up services to help victims, as well as get financial assistance, and included any
victim whose human rights were violated due to violence. The initiative was supported by the
Movimiento por la Paz con Justicia y Dignidad (Movement for Peace with Justice and Dignity/
MPJD), headed by Mexican Poet and Activist Javier Sicilia, and other civil society organizations
focused on defending victims rights and their families. This initiative added more elements to
the previous LGV initiative to help victims like:
a) Right to the truth, right to be informed of what and when crime occurred, who were the
assailants, who were the victims, what were the sociopolitical conditions that created the
violence;
b) Right to access the justice system, crimes be investigated, that those responsible for
crimes be investigated, persecuted, judged and sentenced, fight against impunity;
c) Measures to avoid repetition through the creation of legal and institutional conditions, so
that the criminal actions that hurt life, integrity, and freedom do not repeat (Ley General,
2012, p. 11).
The proponents of this initiative also added that victims are not only victims of their
assailants, but also victims of criminal violence, institutional violence, societal violence, and
most of all victims of impunity of a state system that is not taking responsibility in protecting its
citizens. It further called for all victims services to be free and offered by public and private
organizations, and any other civil society group. It demanded that the Procuraduria General de
la Republica (Attorney General of the Republic/PGR) establish a program that protects victims
and witnesses whose participation in persecuting their assailants puts their security and life at
risk. The initiative aimed to create the Coordinacion Nacional de Atencion y Reparacion
Integral a las Victimas (National Coordination of Integral Care and Compensation for Victims),
51


to coordinate all victims services at different levels, from federal, state, municipality, and the
Federal District, to: a) guarantee fast and efficient services for victims, b) evaluate all the victim
services programs at the different levels for better coordination, c) work together with public and
private organizations to complement services, d) establish a mechanism for integral
compensation for victims, and e) guarantee a just and efficient management of resources to help
victims. Lastly, it called to the Comision Nacional de los Derechos Humanos (National
Commission of Human Rights), to be the organization responsible for implementing and
maintaining a National Registry of Victims, and to record not only victims of organized crime,
but also victims of violence committed by state entities. This initiative was passed on to the
Comisiones Unidas de Justiciay Estudios Legislatives (United Committee of Justice and
Legislative Studies) for analysis and review and seems to have been halted there.
It was not until April 17, 2012, that the Ley General de Victimas (LGV) was presented
again in the Senate by Senators Manlio Fabio Beltrones Rivera, Jesus Murillo Karam, Pedro
Joaquin Coldwell, Amira Griselda Gomez Tueme, Melquiades Morales Flores and others from
the PRI. This time, however, the initiative was presented with support from over thirteen more
senators from all the different parties, including female senators, and civil society groups. The
initiative was again assigned to the Comisiones Unidas de Justiciay Estudios Legislatives
(United Committee of Justice and Legislative Studies) for analysis and review.
The third time the initiative was presented it strongly called for the state to take
responsibility for the security and safety of its citizens, and to recognize not only the victims but
also the gross violations of human rights due to violence. Supporters of the initiative point out
that Article 20 in the Constitution already calls for equality in the rights of victims and assailants,
and that the initiative would strengthen the constitution towards a better democracy. Proponents
52


of the initiative note that no legislation or system has been established that obligates the
authorities at different levels of government to follow and respect victims rights. The initiative
emphasizes that victims should have guaranteed access to educational institutions, subsidy
programs for education, and full healthcare access that includes access to medications, physical
rehabilitation, and programs for mental health and well-being. This version of the initiative also
made sure to include a nondiscrimination clause for reasons of age, sex, sexual orientation,
ethnicity, or disability. It also adds a 10th article that states that victims shall be provided with
access to a victim advocate that can help them navigate the court system. The initiative was
again sent to the Comisiones Unidas de Justicia y Estudios Legislatives were it proved to be a
success as the committee responded positively adding some suggestions to the initiative, that
included clarifying language and unifying the role of government organizations already working
on providing victims services.
The Senate approved the initiative on April 25, 2012, with 93 votes in favor, 0 against,
and 0 abstentions. Twenty percent of the votes in favor consisted of female senators. One
million pesos ($77,890.20 USD) was approved for the initiative as it went to the Chamber of
Deputies for review and approval (Michele, 2012). The Chamber of Deputies unanimously
approved the initiative on April 30, 2012, with 369 votes in favor, 0 against, and 0 abstentions.
Thirty-five percent of the votes in favor consisted of female deputies, including Gastelum.
Supporters noted that a law like this should not exist since it is due to a large collective tragedy,
and in some terms Mexico is late in adopting it, but we must highlight that fortunately now it
exists, as it went to the Secretary of Government for review to be sent to the President for final
approval (Camarena, 2012, ]}. 2). One thing to note regarding the voting is that even though 35
Senators and 131 Deputies were absent, the Mexican Constitution Article 63 states that in order
53


for a law to pass at least 65 yes votes are needed from the Senate and at least 251 yes votes are
needed from the Chamber of Deputies. The absence of Senators and Deputies during sessions
has been widely criticized in the Mexican media as during the first period of the past session 946
absences were reported and the legislators still received full pay (Caporal, 2013, ]}. 3).
Analyzing the assistance records for the Senate and the Chamber of Deputies during the week of
April 24, 2012, it is clear that on average only 377 Deputies assisted sessions, and only 107
Senators assisted sessions that week (Asistencia, 2012). In general, Senators and Deputies are
allowed 5 previously approved absences. Additionally, they are allowed to leave the floor as
many were reported not present during voting time, and the Chamber of Deputies allows
asistenciapor cedula, a mechanism that allows Deputies to record their presence even if they are
not on the floor. Unfortunately, no mechanism for transparency has been established for the
public to examine the reasons for the absences or hold legislators accountable for more than 5
unjustified absences.
On May 10, 2012, various Deputies came out to the media and stated that the approval of
the LGV initiative had been approved too swiftly, as it contained various errors and some
proposed changes were not made, and that they wanted the initiative back for modifications
(Mendez, 2012). Apparently this request was not correctly communicated until much later as the
initiative went on to the President on May 30, as the thirty-day limit for review and changes
started. By June 30th, the Senate had not heard back with any changes from the Executive in the
time limit given by the constitution, and ordered the publication of the law. On July 1, 2012,
President Felipe Calderon sent word to the Senate opposing the law assuring the Senate that the
law was unconstitutional and presented a 40-page paper with his eleven reasons against the law.
Some of those reasons included: 1) He questioned the ability of the Sistema Nacional de
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Atencion a Victimas (National System for Victims Assistance) to be able to establish and
coordinate programs, as well as be able to bring together local authorities, municipalities and
autonomous organizations, 2) He claimed that the costs were unquantifiable, therefore
inconsistent, 3) He claimed that the law is questionable, since its provisions do not differentiate
where states are financially responsible and which type of criminals are liable, and that the
compensation scheme is not harmonious with other mechanism of compensation already set forth
in the Mexican legislation (Robles, 2012).
However, the Senate argued that no changes could be made as the time limit for review
had expired and should be allowed to stand as is. Consequently, the President used his executive
powers and vetoed the LGV, sending the law and controversy of passage to the Mexican
Supreme Court by request of the Senate. In September 2012, President Calderon introduced his
version of a law for victims to the Senate for review. The Presidents initiative Ley General de
Atencion y Proteccion a las Victimas (General Law of Protection and Attention for Victims) is
not as in-depth as the original law. The law differentiates between direct victim and indirect
victim, making sure both benefit from the rights and services when they have been physically or
mentally affected. The President proposed creating a National Conference for the Integral
Attention to Victims to be coordinated by Provictima, an organization mandated by the President
in 2011 to assist those victims that feel that the authorities have not heard them or treated them
correctly to be accompanied in the search of information, answers and attention by the state
(Antecedentes, 2011). As far as economic assistance, victims will be provided with the correct
resources if they have suffered damages to their health, loss of employment or food sources due
to an injury or sickness. It aims to create thirty-three different assistance funds to cover cost of
care and protection to those who have suffered great losses, the funds will be integrated with the
55


public budget and the sale of offenders property. At the same time, the reform of the Ley
General de Contabilidad Gubernamental (General Law of Government Accounting) will bring
transparency and harmony to governmental financial information of the spending of public funds
(Senado, 2012).
The supporters of the LGV did not agree with President Calderon new initiative as they
feel it does not go far enough to protect and help victims. They note that the call for the creation
of the Fund for Victims had precedents, since a similar fund, Fondo de Auxdio Economico a
Famdiares de las Victimas de Homicidios de Mujeres (Economic Assistance Fund for Families
Victims of Female Homicides) had already been created to assist victims in the city of Juarez,
Chihuahua, as response from the Federal government to help the families victims of femicides.
The only difference in the LGV initiative is that their fund would be available to respond and
assist any victim of violence or organized crime in an urgent matter. It also adds the dimension
of indirect victim in that family members of direct victims would now be considered eligible
to receive all victim services. The Presidents initiative proposes that the PGR section of human
rights, care to victims and services to the community, an agency already created, take on the task
of implementing and coordinating the new victims services to avoid the creation of another
agency. Analyzing President Calderons organization Provictima, there is only one located in
Mexico City and sixteen others throughout Mexico. Sixteen Provictima organizations are not
enough to provide services to all victims in the country, especially considering that each of the
thirty one states varies in region size and population. And as previously noted, services like
womens shelters are also lacking, showing how a victims assistance law is urgently needed in a
country where violence has become an everyday occurrence. Senators Felipe Gonzalez
Gonzalez, Jaime Rafael Dias Ochoa, and Ramon Galindo, note that with the implementation of
56


the LGV law it would give the government the capability to urgently respond to victims
immediate needs and help with the legal process in an efficient and just way. They also note that
by passing their initiative it would help to shift the culture, and call on the population to
denounce crime.
At the time of writing this thesis the LGV was resurrected by incoming President Enrique
Pena Nieto as he enacted the law on January 2013 and order Congress to reform it. Currently,
Congress is analyzing the law and making necessary changes as 144 amendments were made
since its passage in 2012 (Mercado & Brito, 2013). The Senate approved the law on March 22,
2013 with some changes and has sent it to the Chamber of Deputies for review. The changes
made in the Senate consist of clarifying and defining the types of victims, how victims
compensation will be handled, a time limit victims have to wait to get feedback, simplify the
mechanism to register victims, and modified articles so that resources attained from offenders
will go to the victims fund (Senado, 2013). There are now different types of victims listed in
the law as: potential victims, indirect victims, and victimizing facts. Potential victims include
those that might be at risk of violence for protecting and helping victims, and are now allowed
protection in case their right to life and liberty are threatened. Indirect victim refers to the
families or individuals that are directly connected to the victim. Victimizing facts refers to the
acts or omissions that damage or jeopardize the legal rights of a person making them a victim
including a violation of their human rights (El Senado, 2013). The updated LGV law gives it the
steps necessary to implement and enforce, which is why past critics from victims organizations
in Mexico have now endorsed it (Mercado & Brito, 2013).
The passing of the law has resurrected discussion of why President Calderon opposed it
in the first place. It has also brought criticism on new President Pena Nieto for passing a law and
57


then sending it back to Congress for changes. In my opinion, President Calderon opposed the
law because he would have had to officially take responsibility for the high incidence of violence
as a result of his battle against organized drug cartels and the failure of the government to protect
its citizens. As 60,000 deaths and tens of thousands are reported missing as a result of violence
against the drug cartels (Villagran, 2013). Calderons judicial advisor Miguel Alessio Robles
sustains that the LGV is an error because it is inoperable and unconstitutional, since Congress
would have to modify the Constitution in this area first before requiring states and municipalities
to enact changes (Las diferentes, 2013). Robles also noted that the passage of the law now
would not be retroactive and that this was just unfair for past victims. President Pena Nieto
passed the law as part of his campaign promises and to garner support from civil society groups
and the population. However, this has not come without criticism from the PAN, Senator
Roberto Zuarth has labeled the Presidents action as a great irresponsibility for passing a law
that two months later is being modified (El Senado, 2013). Since by publishing it in January, by
law it was scheduled to go into effect in February, 30 days after publishing it, and states would
have six months to add and incorporate to their laws. As of March 23, 2013, the law is in the
Chamber of Deputies waiting analysis and is yet to be seen what other amendments or changes
might be made to it.
In response to the first question the second case study addressed: 1) Are Mexican female
politicians writing and advocating effective legislation against violence? The answer is mixed.
The rate of female politicians that write, advocate, and pass legislation against violence requires
more research. Analyzing the LGV, only one woman co-sponsored the initiative, Amira
Gricelda Gomez Tueme from the PRI, this shows that women are present in the writing of
policies, but clearly more women are needed. Similarly, as previously noted, Gastelum was able
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to pass two initiatives specifically dealing with victims rights out of the seven she presented.
The majority of women in the Senate and the Chamber of Deputies voted for the passage of the
initiative, reflecting that women do support legislation against violence. Responding to the
second question the second case study addressed: 2) What are some of the challenges and
barriers in passing legislation against violence? The challenges and barriers in passing the LGV
legislation include: President Calderons view of the issue as he vetoed it, the complexities in the
use of language of how victims were to be viewed and assisted, the difficulty of implementing
the law as different organizations will play a role in responding, and the work ahead of new
President Pena Nieto to implement. The following section will further address some of the
barriers in passing legislation against violence.
Challenges and Barriers
Case study 1 showed that one Mexican female politician is serving both descriptive and
substantive roles in representing her constituents and advocating for womens equal rights.
Additionally, case study 2 showed female politicians role in writing and advocating for
legislation to assist victims, as well as the complexities and barriers in passing this type of
legislation. Together these two case studies show that there is more to passing legislation against
violence that goes past issues of gender representation and onto issues of societal and political
structures. This section further addresses some challenges in implementing legislation against
violence. It includes a brief look at the 2007 General Law to Womens Access to a Life Free of
Violence (LGAMVLV), a look at issues of funding, the response of the international CEDAW
committee for non-compliance, and the realities victims face when denouncing perpetrators of
violence.
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The many obstacles the General Law for Victims initiative had to go through show just
how complex it is to pass any federal law in Mexico to assist victims of violence. It highlights
that passing legislation against violence or even services for victims not only takes female
politicians taking it as part of their agenda, but also the need to have buy-in and support from
other parties, and most importantly support from the President. These obstacles and the fact that
Congress has to re-examine the General Law for Victims point to how victims in Mexico are
recognized, defined, and the role that gender plays. For example, there is a tendency to
recognize women victims of violence as part of the problem, in a 2010 National survey about
discrimination in Mexico, 12.4 percent of people agree that women are assaulted because they
provoke men or ask for it (Genero, 2012). Violence in the home is also seen as a private
matter to be dealt with within family units, rather than through politics or the authorities. This
patriarchal attitude is also reflected as 26 percent of females still ask their partners permission to
vote or who to vote for. Similarly, 33 percent of females ask permission of their partner to go
out alone and one out of four believes that womens rights are not respected (Genero, 2012).
Meanwhile, female politicians instead of taking the issue straight on, focus more on a broader
agenda, as noted with Gastelums record, she focuses more on family issues that range from how
childcare is provided to the creation of a commission to oversee childrens welfare. However,
Gastelum has approached the issue of victims through policies that focus on reforming penal
codes for better coordination between the different government structures, and the creation of
projects to lower delinquency. In a press conference regarding femicides, Gastelum noted that
violence against women is not an issue of victimhood, but rather an issue of justice, justice for
women victims of violence, that deserve parity and recognition in the judicial system
(Conferencia, 2011).
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At the same time, even when a law against violence is passed as was the General Law to
Womens Access to a Life Free of Violence (LGAMVLV) in 2007, challenges in
implementation are present. The challenges include: gaps in collaboration between the federal,
state, and municipal judicial systems, as well as the way funding is spent. After the passage of
LGAMVLV in 2007 it took some states a few more years until finally implementing it into their
state legislature. Many states took their time to review and approve LGAMVLV into their
constitutions well into 2009. Guanajuato was one of the last states to create the structures
necessary to support this law until recently in May 2011. And even to this day various initiatives
are presented in the Senate to modify sections of the 2007 law mostly dealing with how language
is used and how terms are defined. In terms of funding, a report by CEAMEG notes that in 2008
regional Judicial powers were given $31 million pesos to comply with LGAMVLV nationally.
In 2010 the Chamber of Deputies approved $48 million pesos for strategic action through the
formation, investigation, diffusion, action and evaluation to transverse the perspective of gender
in the Judicial powers (CEAMEG, 2012). In other words, funding seems to be increasing for
LGAMVLV, yet gender violence continues to be a problem. More research exist in how funding
is distributed and used, but it is beyond this thesis.
The CEDAW Committee report points to the shortcomings that even though a federal law
might be approved, it does take the states time and funding to implement at the local level. The
CEDAW committee urges Mexico to revise its public security strategies, provide systematic
training on human rights to all law enforcement officials, the military, and navy, establish a
standard system for regular collection of statistical data on violence against women, as well as
harmonize legislation like civil, penal and procedural laws at the federal and state level, and
provide consistent definitions and sanctions in the legal framework in all federal, state, and
61


municipal levels (Convention, 2012, p. 3). At the same time no real international mechanism has
been established that can persecute States for noncompliance with LGAMVLV, besides
imposing sanctions and international pressure on governments, only recommendations can be
made. Amnesty reports continue to record many cases of women experiencing violence in
Mexico and how the perpetrators are not being held accountable, prosecuted, and in most cases
no follow-up by the authorities exists (Amnesty, 2008). These challenges show how fragile and
fluid laws against violence are in Mexico. In a way laws against violence are at the mercy of the
current Presidents view of violence, victims rights, and available funding. This fluidity in
legislation can be good in some cases, as it gives legislators a change to improve previous laws.
However, change in a law is not needed when the initial LGAMVLV law has not been fully
implemented at the state level, public officials have not been successful in implementing it, and
the population has not been fully accustomed to a new law in which violence against women is
not tolerated. Showing that combating violence against women go beyond issues of gender
representation and onto issues of societal and political structures.
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CHAPTER V
RECOMMENDATIONS AND CONCLUSION
This chapter will summarize this thesis; address some recommendations, and offer a
conclusion based on the literature reviewed, historical background, and the analysis of the two
case studies presented. The summary section will present the statistics on violence against
women, the number of female politicians, the literature review, the methods used, and how the
case studies relate to the literature. The recommendations section will present a few
recommendations for the passage and implementation of policies against violence, the political
participation of women, education, and further research. The conclusion section will present the
effectiveness of Mexican female politicians and an outlook to the future.
Thesis Summary
Violence against Mexican women is not a new topic as murdered and disappeared
women are reported in the news every day. However, the incidence of women that have been
victims of violence (67%), the lack of response from the government, the high rank in gender
inequality, and the national average of participating female politicians (35%) compared to other
nation states, offers an interesting relationship that has been explored in this thesis. In a country
where 51% of its population is female, and of those 51% are eligible and registered to vote
(INEGI, 2012), brings the questions addressed in this thesis as to the effectiveness of Mexican
female politicians.
1. To what extent do women politicians follow party lines and to what extent do women
politicians have autonomous agendas?
2. To what extent do women politicians get to participate in policy making and what role do
quotas play in female participation?
3. Are Mexican female politicians writing and advocating effective legislation against
violence?
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4. What are some of the challenges and barriers in passing legislation against violence?
The literature review shows many of the different points of analyzing issues of female
political representation. The review of the literature on Mexican female politicians is fragmented
as some scholars focus specifically on the role of religion, the underrepresentation of women at
the state level, the role gender plays in politics, the representation of Mexican culture in politics,
and the role quotas play in the political process. More research is needed on analyzing the types
of policies advanced by female politicians, more specifically on policies against violence. The
methods used to analyze the effectiveness of female politicians advocating for legislation against
violence in this thesis include qualitative and quantitative methods. This methodology has
allowed me to view the issue of violence against women and the role of Mexican female
politicians play in creating legislation through different perspectives. Using the perspectives
from representation and critical mass theory has allowed me to look closer into the roles
Mexican female politicians play and how their effectiveness can be categorized or not into these
theories. Conceding that more in-depth research is needed as this thesis only analyzes the role of
one female politician and one initiative due to time restraints. The first case study presented the
work of Senator Gastelum highlighting how descriptive and substantive representation play out
in real life, as she balances her work as a female legislator and central part of her party. The
second case study presented the LGV initiative, from its creation, presentation, and barriers. The
LGV initiative initially failed even though it had support from all of the elected female
politicians in Congress, this questions critical mass theory, as something more than numbers is
necessary to bring about change. It also shows that passing legislation against violence is more
complex and involves other issues that go beyond gender representation as noted in the
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challenges and barriers section. The next section offers some recommendations that go beyond
issues of gender.
Recommendations
As discussed, Senator Gastelum was shown to be 28 percent effective in passing her
initiatives. Most of her failed initiatives can be justified to the complexities of passing
legislation. The passage of violence legislation, its effectiveness, and implementation, was
shown to be more complex as discussed in the challenges and barriers section. Combating
violence against women goes beyond political structures and representation, different fields of
study like economics, sociology, philosophy, and marketing must be engaged to combat the
problem at different levels. To this end some recommendations to pass legislation against
violence and effective implementation should include: 1) Outreach and education to the
presiding President and any other influential political figures to gamer support of legislation
against violence. 2) Enhance laws with adequate funding to make them operable, which also
include incentives for states to enact laws. 3) Establish the mechanisms necessary to measure
outcomes of laws for improvement. 4) Increase community violence education, awareness, and
engagement through social marketing campaigns as well as provide more education and
incentives for public officials on the treatment and assistance of victims. 5) Continue to provide
training and education to men and women to attract more women to political positions, and
engagement with the political system. To influence change on the statistics of violence against
women, not only do more women need to be involved in politics, but there also needs to be a
significant shift in culture recognizing how violence affects the whole society. It must start with
the socialization of children on equal gender roles and engage the younger population on the
promises of democracy and women as equal. Hope remains as female politicians like Senator
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Gastelum continues to push and keeps presenting initiatives in Congress that aim at reaching
gender parity. Gastelum recently presented an initiative that challenges the structure of the
system and asks that females have equal representation in all committees. Further research is
needed, specifically into the areas of legislation against violence, to see what has worked, the
barriers, trends, and implementation. As well as more research into the usage of language in
legislation and the role Mexican female politicians play in advocating for change at different
levels of government to reduce levels of violence against women.
Conclusion
Even though Mexican female politicians have fought and continue to fight against many
societal barriers at different levels, they are indeed trying to make a difference through their
participation in politics and demands for parity. Conceding that time and research limitations
exist at this time, it is difficult to quantify the level of Gastelums impact or the changes that
LGV legislation will bring. Responding to the initial research questions: 1) To what extent do
women politicians follow party lines and to what extent do women politicians have autonomous
agendas? 2) To what extent do women politicians get to participate in policy making and what
role do quotas play in female participation? 3) Are Mexican female politicians writing and
advocating effective legislation against violence? 4) What are some of the challenges and
barriers in passing legislation against violence? One can observe the effort not only in
Gastelums work but also in Congress as they have address issues of violence and victims
services. In case study one, the work of Senator Diva Gastelum gives visibility to womens
issues in society, as her objectives for ONMPRI include womens human rights, gender parity,
PRI party inclusion of workplan, and transparency of actions. This relates to the literature that
focuses on where to place Mexican women in politics as they struggle for gender parity at many
66


levels. Gastelum through her initiatives is trying to give a voice to all women by fighting for
gender parity and showing that women can be successful politicians. The initiatives Gastelum
presented to Congress reflect that she is serving a descriptive and substantive role who wants to
help women improve their position in society and politics. Her voting record also reflects similar
qualities as she has voted in favor of many social issues that help women. Gastelum serving
descriptive and substantive roles is in par with the literature and research by Piscopo and Htun
(2010) that show that women in general support womens issues. Gastelum is also demanding
that her party shows transparency in fulfilling gender quotas and is a strong supporter of getting
women in politics as she serves an important role leading OMNPRI. In case study two, one can
observe the role female politicians play in supporting laws against violence and the complexities
of passing legislation against violence. Dissecting the steps LGV had to go through, it was
evident it was not an easy task. The number of times the initiative had to be presented, modified
and supported by different groups clearly shows that more than legislative and civil group
support is needed to pass any law. Had it not been for the cooperation of all parties, including
women and civil society organizations, it would have not gotten as far as it did, and while in the
end it was on hold until the new President supported it, it shows that Congress is more receptive
to take on issues of violence, victims services, and gender parity.
Overall, even though Mexican female politicians represent 35 percent of the legislature at
the national level surpassing the 30 percent needed to reach critical mass. At this time, based on
the two case studies, it is unclear whether those Mexican female politicians currently elected can
affect or create a change big enough to improve the lives of Mexican women throughout the
country, especially around issues of gender violence. This shows that addressing violence is a
bigger task than passing and enacting legislation. More research is needed to focus specifically
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on the role of Mexican politicians in creating policies against violence, as well as how Mexican
women can advance in issues of representation not only at the national level, but state and local
levels too. Improving the inequality of Mexican women in their society has to be approached at
all levels, including those measured by the United Nations Gender Inequality Index, maybe then
the situation will reflect change in the numbers of women victims of violence. The field is open
for other scholars to build on and explore not only issues of policy and representation in Mexico,
but also investigate what if anything has proven effective in combating gender violence, as well
as researching how the different levels measured by the Gender Inequality Index affect change.
To this end, a wider conversation is needed that recognizes all the different aspects of Mexican
society to create a violence free society that goes beyond issues of gender representation and the
political process. The conversation must include the different institutions that make society
including the community, businesses, religious institutions, civil society groups, and legislators
working together to help Mexican women live a life free of violence.
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Full Text

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THE POLITICS OF GENDER AND VIOLENCE: A CASE STUDY OF A MEXICA N FEMALE SENATOR AND A LAW FOR VICTIMS OF VIOLENCE by Sunner Daniela Hernandez Inzunza B.A., University of Colorado Boulder, 2006 A thesis submitted to the Faculty of the Graduate School of the University of Colorado in partial fulfillment of the requirements for the degree of Master of Social Science Humanities and Social Sciences Spring 2013

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ii This thesis for the Master of Social Science degree by Sunner Daniela Hernandez Inzunza has been approved for the Humanities and Social Science Program by: Jana Everett, Chair Omar Swartz Christina Jimenez March 18, 2013

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iii Hernandez Inzunza, Sunner, Daniela (M.S.S., Humanities and Social Sciences) The Politics of Gender and Violence: A Case Study of a Mexican Female Se nator and a Law for Victims of Violence Thesis directed by Professor Jana Everett. ABSTRACT Violence against Mexican women is not a new subject. Disappearances and murdere d women in the border town of Cd. Juarez and throughout the country are reported in the news headlines every day. Between 1999 and 2005 more than 6,000 women and girls were murdered, an average of 1,000 murdered women every year. The majority of the deaths result f rom violence within their household (Mexico, 2009). The rate of violence is not isolated to border towns. The Instituto Nacional de Estadsticas y Geografa (National Institute of Statistics and Geography/INEGI) reports that 67% of Mexican women aged 15 years of age and ol der have been victims of violence. At the same time, the political representation of Mex ican women has increased over the years. The rate of Mexican women who hold national political posi tions is 35%, higher than most of its neighboring countries (Women, 2013). This thesis will focus on the representation of women at the federal level. Even though political represent ation numbers are significant compared to other nation states, Mexico ranks high in the Gender Ine quality Index measured by the United Nations, signifying that Mexican women hold a poor position i n their society. The relationship between the high incidence of violence against women and the num ber of elected female politicians is contradictory. This thesis will look at the e ffectiveness of Mexican female politicians in creating policies against violence and aims t o answer these questions: 1) To what extent do women politicians follow party lines and to what extent do women politicians have autonomous agendas? 2) To what extent do women politicians get to

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iv participate in policy making and what role do quotas play in female participati on? 3) Are Mexican female politicians writing and advocating effective legislat ion against violence? 4) What are some of the challenges and barriers in passing legislation against violence? I approach these questions using quantitative and qualitative methods through two case studies, data analysis, and narrative reports. I frame these questions around representation a nd critical mass theory. The first case study analyzes whether female PRI Senator D iva Gastelum represents her constituents through descriptive or substantives representation. The second case stud y analyzes the Ley General de Victimas (General Law for Victims/LGV), a piece of victimÂ’s assistance legislation and the role of female politicians. This inquiry will help the reade r understand whether a relationship between Mexican female politicians and policies cre ated against violence exists. The form and content of this abstract are approved. I recommend its publication. Approved: Jana Everett

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v DEDICATION I dedicate this work to Dante, my son and reason to always strive to become a better person. To David, my partner. To my parents Daniel and Claudia for your continuous love, support, and encouragement. And to my brothers Pablo, Miguel, and Jose.

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vi ACKNOWLEDGEMENTS I would like to thank my thesis chair Dr. Jana Everett for her invaluable time, grea t insight, resources, and guidance throughout the thesis writing process. I thank my pro gram advisor and committee member Dr. Omar Swartz for his guidance throughout the Ma ster of Social Science program and thesis feedback. I thank my third committee member Dr Christina Jimenez for taking time out of her busy schedule to offer some insight, direction, and fee dback. I am infinitely grateful to Norma Corralejo for the endless babysitting hour s, giving me the opportunity to achieve this research. Sin su ayuda no podra haber hecho esto. ¡Gracias! I would also like to thank Tracie Corner, Brandi Raiford-Copeland, and Daniel Hernande z Saavedra for your assistance in the proofing stages, and Tracye Wilhelm for your assistance in the formatting stages. Thank you.

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vii TABLE OF CONTENTS CHAPTER I. INTRODUCTION.................................... ................................................... .. 1 Theory of Representation.......................... ............................................. 3 Female Quotas in the Political System.... ............................. ................ 6 Literature Review................................. .................................................. 8 Thesis MethodologyÂ…............................... ............................................ 11 Thesis ParametersÂ…Â…Â….............................. ........................................ 13 Thesis Outline ................................................... ..................................... 1 4 II. REPRESENTATION THEORIES AND QUOTAS ....................... ............. 1 5 Representation Theory............................. .............................................. 15 Critical Mass Theory.............................. ................................................ 17 The Role of Quotas................................ ................................................ 20 III. BACKGROUND ................................................... ............................... ........ 2 3 Mexican WomenÂ’s Movement.......................... ..................................... 23 Gender Violence Background........................ ........................................ 32 Mexican Political System.......................... ............................................ 35 The Role of Quotas in Mexican Politics ................................................ 3 7 IV. A FEMALE LEGISLATOR AND THE PROCESS OF A LAW....... ......... 41 Setting the Stage................................. ................................................... 41 Case Study 1: A Female Legislator................. ...................................... 44 Case Study 2: The Process of a LawÂ…............... ................................... 49 Challenges and Barriers ................................................... ...................... 5 9 V. RECOMMENDATIONS AND CONCLUSION...Â….............. ..................... 63 Thesis SummaryÂ…................................... .............................................. 63 Recommendations................................... .............................................. 65 Conclusion ................................................... .......................................... 66 REFERENCES Â…Â…Â…Â…Â…Â…Â…Â…Â…Â…Â…Â…........................... ................. 69

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viii LIST OF TABLES Table I. Gastelum Proposed Initiatives in the Legislature Sept 2009 – Apr 2012 …………… 48

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ix LIST OF ABBREVIATIONS CEAMEG Centro de Estudios para el Adelanto de las Mujeres y la Equidad de Genero – Center for the Study of Women’s Advancement and Gender Equity CEDAW Committee on the Elimination of Discrimination against Women DEVAW Declaration of Violence Against Women DIF Desarrollo Integral de la Familia Integral Family Development ENCUP Encuesta Nacional sobre Cultura Poltica y Practicas Ciudadanas – National Survey on Political Culture and Practice of Citizenship FUPDM Frente nico pro Derechos de la Mujer – Sole Front for Women’s Rights INEGI Instituto Nacional de Estadsticas y Geografa – National Institute of Statistics and Geography INMUJERES Instituto Nacional de la Mujer – National Institute for Women LGV Ley General de Victimas – General Law for Victims LGAMVLV Ley General de Acceso de las Mujeres a una Vida Libre de Violencia – Law for General Access of Women for a Life Free from Violence NAFTA North American Free Trade Agreement NGO Non-Governmental Organization ONMPRI Organizacin Nacional de Mujeres Priistas – National Organization of PRI-Women PAIMEF Programa de Apoyo a las Instancias de Mujeres en las Entidades Federativas Program to Support the State Level Institutes for Women

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x PAN Partido de Accin Nacional – National Action Party PGR Procuradura General de la Republica – Attorney General PNA Partido Nacional Anti-reeleccionista – National Anti-relection Party PRD Partido de la Revolucin Democrtica – Democratic Revolution Party PRI Partido Revolucionario Institucional – Institutional Revolutionary Party PRONAM Programa Nacional de la Mujer – National Women’s Program PRONAVI Programa Nacional Contra la Violencia Intrafamiliar – National Program Against Intra-Family Violence SEP Secretaria de Educacin Publica – Secretary of Public Education UN United Nations

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1 CHAPTER I INTRODUCTION Violence against Mexican women is not a new subject. Disappearances and murdere d women in the border town of Cd. Juarez and throughout the country are reported in the news headlines every day. On average 1,000 Mexican women are murdered every year. In othe r words, one Mexican woman is killed every eight hours with the overwhelming majorit y of the deaths resulting from violence within their household (Mexico, 2009). What we do not often hear is the reality of the country as a whole. The Instituto Nacional de Estadsticas y Geografa (National Institute of Statistics and Geography/INEGI) reports that 67% of Mexican women aged 15 years of age and older have been victims of violence. In other words 7 out of 10 Mexican women have been victims of violence (CEAMEG, 2012). Violence in this thesis is defined us ing the United Nations definition from the Convention on the Elimination of Violence Against Women, Article 2, a) Physical, sexual and psychological violence occurring in the family, including bat tering, sexual abuse of female children in the household, dowry-related violence, marital ra pe, female genital mutilation and other traditional practices harmful to women, non -spousal violence and violence related to exploitation; b) Physical, sexual and psychological violence occurring within the general com munity, including rape, sexual abuse, sexual harassment and intimidation at work, in educationa l institutions and elsewhere, trafficking in women and forced prostitution; c) Physical, sexual and psychological violence perpetrated or condoned by the State wherever it occurs. (Declaration, 1993, . 15) While violence in Mexico occurs in different places within the community, at school, at work, at home, partner and domestic violence have the highest incidence. The high incidenc e of violence against Mexican women shows a stark contrast when women have advanced in the ir socioeconomic status, as more than twenty five percent of Mexican households are he aded by

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2 women. In the labor force, the number of women working outside the home has increased to 53.5%, higher than their male counterparts at 46.5%. In education, Mexican women are r eaching higher education attainment levels coming closer in parity with men, with wome n at 27% and men at 28%. At the same time, women continue to face gender inequalities in the work place as Mexican women can only expect to be paid at 75% for the same work as men (INEGI, 2012). Mexican women are faced with gender inequality in different aspects of the ir lives, specifically in the area of violence. However, the political participation of w omen has increased over the years. The rate of Mexican women who hold national political positions is 35 %, higher than most of its neighboring countries (Women, 2013). This thesis will focus on the representation of women at the federal level. The federal level has the highe st representation of women occupying legislative positions in the LXII legislative session. In 2012 the National BiCameral Congress, which includes the Senate and the Chamber of Deputies, has more ele cted women than ever. The Senate elected 42 female senators out of its 128 members, which translates to about 32% of female members at the Senate level. The Chamber of D eputies elected 184 female deputies out of its 500 members, translating to 37% of female mem bers at the Chamber of Deputies level. The relationship between the high incidence of violence aga inst women and the number of elected female politicians is contradictory when Mexic o ranks high in gender inequality. In the United Nations Gender Inequality Index, Mexico r anks 57 th out of 187 countries, which reflects women’s disadvantage in three dimensions—reproductive health, empowerme nt and the labour market. The index shows the loss in human development due to inequality between female and male achievements in these dimensions. The health dimension is measured by two indicators: maternal mortality ratio and the adolescent fe rtility rate. The empowerment dimension is measured by: the share of parliamentary seats held b y each sex and by secondary and higher education attainment levels. The labour dimension i s measured by women’s participation in the work force. (Gender, 2012, . 4)

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3 Considering that the population of Mexico is 51% female, with 51% of those eligible voters registered to vote (INEGI, 2012), the rate of female politicians at the f ederal level, and the high incidence of violence against women, brings a few questions regarding the effectiveness of Mexican female politicians and the policies they support. To analyze the effecti veness and the role Mexican female politicians play in politics, this thesis focuses on four ques tions: 1. To what extent do women politicians follow party lines and to what extent do women politicians have autonomous agendas? 2. To what extent do women politicians get to participate in policy making and what role do quotas play in female participation? 3. Are Mexican female politicians writing and advocating effective legisl ation against violence? 4. What are some of the challenges and barriers in passing legislation against violence? This thesis seeks to answer some of these questions and identify barriers and are as for potential improvement. This inquiry is significant because it will allow the re ader to understand the current position of Mexican women. In addition, it will contribute to the analysis of the effectiveness of female politicians in creating policies against viole nce, as well as identify some barriers for effective legislation against violence. Theory of Representation Political participation is influenced by gender. Female political represe ntation has been studied by many scholars, but two of the benchmark studies include Hanna Pitkin’s The Concept of Representation (1967) and Anne Phillips’s The Politics of Presence (1995). Women’s political representation is significant to analyze as it is critica l to take into account how political participation is influenced by gender. Scholars such as Henderson (2010) note that “ political institutions were created and largely run by men for centuries, and, as a resul t, many women’s concerns have either, been ignored, forgotten, or inadequately addressed” (p. 7). Pitki n (1967) is

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4 central for her work with representation theory. In this context, representat ion is defined as “popular representation, and to be linked with the idea of self-government, of every man’s right to have a say in what happens to him” (Pitkin, 1967, p. 3). A progression in history extends the words a “man’s right” to now include women and minorities. Two main aspects to the concept of political representation exist: 1) Descript ive representation and 2) Substantive representation. Descriptive representation refers to a representative that is elected in a way that “mirrors” his/her constituency to “stand in” for them in government. In other words, when a female representative is elected, she is s aid to “mirror” the same qualities as her constituents. In theory there would also be a proportio nal amount of female representatives in politics to mirror the overall constituent population. S ubstantive representation refers to a representative that “acts for” its constituent s. In this case a female politician would act in the interest and support of “women’s issues” and needs. The differentiation between “descriptive” and “substantive” representation spe aks to the influence of female politicians and the role they play in the legislature. For example, a fe male politician might be elected by female constituents of similar qualities through descript ive representation. However, she might have her own political agenda that does not necessarily reflec t the needs of the constituents that elected her. In the case of substantive representation, a female politician would act and present the issues that would benefit her female constituents. This proposi tion begs the question of whether all women constituents can be said to have common interes t and what these interests might be. And although “a certain level of abstraction w omen can be said to have some interest in common” one cannot generalize that all women share and support universal issues based on gender, as a wide spectrum of views and diversity wit hin women exist (Molyneux, 1985, p. 231). At the same time the issue of women with conservative views and the

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5 role of substantive representation is raised by Celis and Childs (2012) as they ar gue that the conversation has to be widen to include not only feminist liberal women but also their conservative counterparts. Scholars continue to wrestle with these issues, but t hese questions go beyond the scope of this thesis. Women’s issues include an array of topics that dire ctly affect a woman’s well-being from equality with men, health, labor force, and family r elations. This thesis defines “women’s issues” to be understood as strategic gender inte rest. Strategic interest are interest that women “may develop by virtue of their social positioning through ge nder attributes” and want to change “from the analysis of women’s subordination and from the formulation of an alternative, more satisfactory set of arrangements to those w hich exist” (Molyneux, 1985, p. 232). In this case I look at the strategic objectives to overcome violence against women through the role of a female politician in Congress. Anne Phillips (1995) contributes to the theory of representation as she analyzes the representation of minority groups, which includes women. She agrees with Pitkin that it is crucial for minorities to be represented by one of their own because they will of ten work for the important issues of their constituency. Phillips concedes that even if it would be m ore appropriate to have women represent other women in issues of sexuality, one must not dis miss that a man might be able to do the same if he ascribes to the same beliefs as a w oman. She notes that too much focus has been put on the differences between groups and that often times that is what separates us from achieving similar goals. At the same time, Phill ips argues that there needs to be an effective method to hold our representatives accountable for their work o n our behalf as she notes that “when policies are worked out for rather than with a political excluded constituency, they are unlikely to engage with all relevant concerns” (p. 13). Phi llips emphasizes that there needs to be a balanced democracy, where all groups not only vote but also call f or

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6 accountability in all aspects of society. She concludes that we should not have to choose between either/or in having our ideas or political presence in the legislature. Overall, the study of women’s political representation is a significant fi eld of study. As Jensen (2008) highlights “apart from considerations of democracy and social justic e as well as the most efficient use of human resources, female participation in politics, par ticularly at the highest level, is seen as important since it provides representation for another point of view” (p. 12). More in-depth theory will be addressed in Chapter II as Pitkin (1967) and Philli ps (1995) have paved the way for current scholars to take the field further, as some scholars focus the theory of representation on Latin America and incorporate critical mass theory. Female Quotas in the Political System Quotas are generally understood as a proportional share of something in a system. T here are three forms of quotas: 1) Voluntary Party Policy, 2) Law, and 3) Constitutiona l Amendment. In this case, quotas will be used and understood under the notions of a quota law. A quota law is a law that, among other things, “entails that women must constitute a certain number or percentage of the members of a body, whether it is a candidate list, a parliame ntary assembly, a committee, or a government. The quota system places the “burden of recruitment not on the individual woman, but on those who control the recruitment process” (What, 2010, . 8). Quotas are vital in the political representation of women as they play a significant role in encouraging governments to include women in the political process. Quotas show just how access for w omen to the political system had to be institutionalized to encourage women’s participat ion. The purpose of quotas is to encourage and promote women’s participation in political parties by encouraging women to run for elected office, and reserve a specific number of sea ts or appointments only for women. Quotas, as a means to increase women’s political parti cipation,

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7 were supported during the 1995 United Nations fourth world conference on women in China in which the Beijing Declaration was signed. The Beijing Declaration clear ly states that the signees are committed to “the equal participation of women and men in all national, regional and international bodies and policy-making processes; and the establishment or stre ngthening of mechanism at all levels for accountability to the world’s women” (Beijing, 2010, . 36 ). Since the Beijing Declaration, quotas have been implemented in most of the world as “131 politic al parties, representing sixty-two countries, have instituted voluntary inter nal quotas” (Henderson, 2010, p. 15). Mexico implemented quotas in 1996, following a 1990s international trend in which other Latin America countries passed quotas laws. By 2002, Mexico made it officia lly mandatory for all parties to follow quotas. In the current 2012 National Senate, [P]olitical parties are required to guarantee that women constitute at le ast 40 percent of candidates. This applies to both lists of candidates for the PR elec tion, and the candidates for the constituency elections. However, parties who democratically elect their candidates are exempt from the regulations COFIPE, Article 219 (Mexico, 2012, . 1) Although quotas were implemented, no clear enforcement mechanism was establis hed to make sure that political parties follow them and many loopholes to get around mee ting quotas exist in the law. Initially, not all political parties were supporters of i nstitutionalizing the quotas as the Partido Accin Nacional (National Action Party/PAN) opposed them. While the Partido Revolucionario Institucional (Institutional Revolutionary Party/PRI) and Partido de la Revolucin Democrtica (Party of the Democratic Revolution/PRD) have “formally and explicitly instituted a quota system both within its internal party structure a nd its candidate list” (Rodriguez, 2003, p. 180). Currently, each political party has implemented different lev els of quotas within. The PRD leads with an internal quota of 50%, the PRI 30%, and the PAN “ruled

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8 in 2000 that each pair of candidates (primary and substitute) must contain one woman” ( Piscopo, 2011, p. 43). The role of quotas in the Mexican political system will be further discussed in Chapter II. The literature on quotas is mixed as some scholars argue that “quotas are the only wa y to guarantee women access to power” while others oppose quotas saying that “it is dis criminatory, devalues the political abilities of women, promotes under qualified women, and it is unnece ssary because women who are qualified will rise on their own merit anyway” (Rodri guez, 1998, p. 11). The argument regarding the role quotas play in substantive and descriptive represe ntation, in which not all women support what are considered to be women’s issues will be addressed further in the theory section in Chapter II. Despite mixed literature and controversia l views, “voluntary, internal gender quotas as well as legally mandated party quotas have been two of the most successful means for getting more women into office and are used in a total of ninet y-two countries around the world” (Henderson, 2010, p. 15). Literature Review The current research of Mexican female political participation is fragm ented. Some scholars focus specifically on the role religion plays in policymaking, the unde rrepresentation of women at different levels of the state system, the role gender plays in politics i n the way women represent other women, the expression of Mexican culture in politics, and the role of quotas Nevertheless, few studies focus on analyzing the types of policies passed by Mexican female politicians, much less, policy on gender violence. A central author in the literat ure of Mexican women in politics is Victoria Rodriguez (1998), one of the first scholars to resear ch and publish her findings of the role contemporary Mexican female politicians’ play in the pol itical system. She uses 1995 as a starting point to look at women’s participation in politics that includes a large

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9 amount of historical information and data on the number of women in Congress. She documents the number that voted and how they voted, as well as look at the structure of political parti es in Mexico. Her main focus is on understanding how Mexican female participation in poli tics has increased, how these women get elected, the role quotas play, and if political par ticipation opens the door to many other improvements in Mexican women’s lives. She further expands her research (2003) as she gives a broad history of the successes Mexican women have h ad in becoming more involved in politics, but also what type of political office they have b een able to attain. This thesis seeks to expand on her research, past how women are elected, and foc us specifically on a female legislator and analyzing the effectivene ss of passing legislation against violence. One of the recurring themes in the literature is where to place Mexican women i n politics. Although Mexican women were involved in politics throughout history they were not recogni zed as citizens until 1953 when they gained the right to vote. Mercedes Barquett and Sa ndra Osses (2005) look at how citizenship has been “genderized” meaning that if you were a femal e you did not count or have a voice on what happens to you, and were instead counted through a male relative. The authors look at the relationship between democracy, gender equality, a nd the needs to place women in a place where they are considered “universal” citizens with polit ical rights to voice opinions and make choices for themselves. In addition, Barquett and Osses analy ze the role of Mexican women in the government as citizens, and how fragile democracies can be strengthened with the inclusion of women. Tine Davis (2011) also brings the perspective of how women view themselves and thus how female politicians are affected by their gender. Davis specifically looks at a right-wing female politician’s life. He looks to se e how agency manifests itself in this politician’s life by following her party’s claims and how t hey intersect on how she

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10 sees herself. He explores how the female politician views of herself as a mode rn woman do not always match the way she votes or conducts herself. Davis shows how traditional va lues present themselves and shape voting in a way that perpetuates traditional values and roles. H e also analyzes the interconnected role that gender has played in her life. Jennifer Piscopo and Mala Htun (2010) study and research whether Mexican women politicians represent other women. They look closely at the trends in policy by the numbe r of women elected and if a correlation of passing descriptive or substantive policie s exists. In other words, are the policies initiated by women for women or do they pursue other interest s. Piscopo (2011) shows that Mexican female politicians in fact do represent women by anal yzing the types of policies presented and supported by women. Htun (2012) in her later research goes as far as stating that to produce changes in policy “autonomous mobilization of feminist in domest ic and transnational context is the critical factor accounting for policy change” ( p. 548). She goes further and notes that to bring policy change, ongoing activism and strong civil societ y groups are necessary. At the same time Par Zetterberg (2008) analyzes the role of creating quotas for women in political parties. Quotas state the number of women that should be participati ng in state government. He looks to see if these “quota women” encounter more resistance or problems versus the non-quota women, and if their role is actually an active one. He addit ionally looks at how women participate in political parties and the interplay between their pol itical agendas and how they vote. Zetterberg finds that “quota women” do not encounter more resistance than other women in politics. Viviane Brachet and Orlandina de Oliveria (2002) compile and explore the relationshi p between women and social policy. They look at the implications gender has in partici pating in the legislature and creating policy. The authors note that a perspective of g ender must be taken

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11 into account to be able to analyze social policy, as men and women have not had equal right s. The current literature does not specifically address the role of women in creat ing legislation against violence in Mexico; rather it seems to have summarized womenÂ’s issues as a whole, with more focus on the representation part. This thesis aims to analyze and discuss the ef fectiveness of female Mexican politicians in creating policies against violence. Thesis Methodology The methods I will use to analyze the effectiveness of Mexican women in politi cs include qualitative methods in the form of case studies, and quantitative methods analyzing th e results of surveys as well as look at statistical data on violence against women. Tellis ( 1997) argues that Case studies are multi-perspectival analyses. This means that the resea rcher considers not just the voice and perspective of the actors, but also of the relevant groups of actors and the interaction between them. This one aspect is a salient point in the characteristic that case studies possess. They give a voice to the powerless and voiceless. (. 7) To set the context for both case studies I will first analyze empirical da ta results of the 2008 Encuesta Nacional sobre Cultura Poltica y Practicas Ciudadanas (National Survey on Political Culture and Practice of Citizenship/ENCUP) by the Special Pro gram for Promoting Democratic Culture issued by the Mexican Ministry of the Interior. The nat ional survey measures the views of Mexican citizens of politics and rate of involvement and par ticipation. My focus will be on how Mexican citizens view the overall state of politics and the effectiveness of Congress passing legislation against violence. Case study methodology allows me to look at the issues through different perspect ives. The first case study will analyze the participation of National Senator Diva Gastelum during the LXI Legislature session (2009-2012), her role in Congress as a female politici an, her participation rate, and engagement with issues that concern females. This c ase study will aim to

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12 analyze the role women play in the legislature and look at the kind of agenda one fema le politician sets forth. The second case study will analyze the legislative pro cess in Congress by following the history of the Ley General de Victimas (General Law for Victims), a piece of legislation that was passed in the LXI Legislative session and aims to pr ovide services to victims of violence and crime. It includes information regarding who presented this initiat ive, its supporters, implementation, and current state and challenges. I will also look at Amnesty reports of individuals that have been victims of violence and how the state has responded to their nee ds without this piece of legislation. By reading and analyzing the Amnesty repor ts I anticipate to gain knowledge of how female victims of violence are perceived and treated when t hey make a claim against their abuser, as well as become informed of some of the present barriers in adopting these types of policies. The examination of these reports is directed to show the harsh reality of not passing legislation against violence. The two case studies were chosen to illustrate the complexities of passing le gislation against violence and to show the contrast between the work of a senator representing both her party and womenÂ’s issues. The first case study highlighting the work of Senator Gastelum was chosen because she is a female Senator that plays a central and balancing ac t within her party. On one side Gastelum is tasked to represent her political party, the PRI a tradi tionally centric party, while at the same time she has also openly embraced her role as a fema le Senator fighting for womenÂ’s equal rights. This balancing act will be analyzed to see how she bala nces both her roles as a strong PRI party leader but also as a female fighting for pari ty within the political system. GastelumÂ’s background reflects that of a typical female repr esentative that has worked her way up, holding secretarial and administrative positions before being able to r each a higher position within her party. She also comes from and represents the state of Sinaloa which is one

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13 of the few states that has pushed political parties to increase spending on traini ng women for leadership positions. Currently, Sinaloa is the only state with the highest perce ntage of political funding for women in the country (Mexican, 2013). Since no law alone will stop violence from occurring one must analyze how issues around violence are being approached. The second c ase study following the Ley General de Victimas (General Law for Victims/LGV) initiative was chosen to show how Mexico is responding to violence and taking care of victims of violence. I t was chosen to analyze specifically how legislators view violence and legi slation, if political parties are working together with other groups, and to review if any women have been involved in the creation of legislation against violence. This initiative will be analyze d to learn more about the political process in passing legislation and measure the interest of thos e in Congress in how to respond to violence and take care of victims. These two case studies complement e ach other, the reader will get to see two sides in the process of passing legisla tion, one side on the views of a female Senator and the other side on what actually happens on the floor during t he legislative process. With these two case studies, I demonstrate that Mex ican female politicians are making a difference in passing legislation against violence, despite the complexities and barriers in passing legislation. Thesis Parameters This thesis will focus specifically on the role of one female politician from the PRI party in Congress, and one piece of legislation to assist victims of crime during the L XI Legislative session (2009-2012), recognizing that more in-depth research is needed. More researc h is needed on legislature presented against violence, the rate of female politicia ns writing and advocating for policies against violence, the participation of female politicia ns at different political levels, as well as many other factors that include regional diffe rences, and the influence

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14 of culture. I will not address ongoing initiatives to change language used in cur rent violence legislation as a tendency to define the same term in different ways or lump tog ether the same act is present. Nevertheless, I do address the role of combining various initiative s into one, as will be observed in the second case study in Chapter IV. Mexico, a democratic state, rec ognizes a separation of Church and State, conceding that religion does play an influential rol e in Mexican culture. I will not address the role of the Catholic Church. This thesis will look spec ifically at the issue of violence against women and political representation, recognizing tha t there are many equally important “women’s issues” that include parity in the work place and re productive rights. Thesis Outline The thesis is divided into five chapters: Chapter I is an overview of the thesis proposa l which includes an introduction to the problem and research questions, as well as theory on women’s representation, background on quotas, a literature review of the current li terature focusing on women’s representation in Mexico, thesis methodology, and thesis parame ters. Chapter II further analyzes women’s political representation theory and s ome literature on quotas. Chapter III provides historical background of women’s rights in Mexico highli ght women’s suffrage, and some historical background and norms on gender violence in Mexico. I t addresses how the Mexican political system is structured, as well as some background on how Mexican political parties have implemented quotas. Chapter IV presents the two case studies and analyzes how each one can help answer the research questions. Finally, Chapter V is the conclusion and recommendations where I will show mixed results, Mexican female poli ticians are somewhat effective in creating policies against violence even though t heir representation numbers surpass critical mass theory. In addition, it highlights some of the barr iers in implementing these policies and some recommendations for further research.

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15 CHAPTER II REPRESENTATION THEORIES AND QUOTAS Many theories examine women’s political representation. This thesis will explore two of these theories: 1) Hanna Pitkin’s representation theory, which describes what it means to be represented and by whom; and additions by Anne Phillips that explains how one is repre sented; and 2) Rosabeth Moss Kanter and Drude Dahlerup critical mass theory, which describes that a specific number of female representation is needed to affect change. Other sc holars address how women’s political is influenced by gender. Scholars like Henderson (2010) have noted that Western political systems have historically been created for men by men, l eaving women and minorities out of the picture. In the next section I describe the relevance o f women’s political representation through representation theory and critical mass theory. Representation Theory Representation theory provides the theoretical context for studies which explore women’s political representation. Pitkin (1967), a central scholar in representation theory focuses on the concept of representation. She notes that representation as a concept is widely us ed with often little understanding of its actual meaning. In this context, representation is understood as “popular representation, and to be linked with the idea of self-government, of every man’s right to have a say in what happens to him” (Pitkin, 1967, p. 3). This definition now includes a “man’s right” to encompass women and minorities. Pitkin’s representation theory includes “descriptive” and “substantive” representation. Descriptive representation as described by Pitkin refers to “the making present of something absent by resemblance or reflect ion” as in a legislator that is elected in a way that “mirrors” its constituency to “stand in” in gover nment. In other words, when a female representative is elected, she is said to “mirror” or ha ve the same qualities

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16 as her constituents. In theory, using descriptive representation there should be a propor tional amount of female representatives in politics to mirror the overall constituent population. In the case of Mexico, following the logic of descriptive representation, the number of f emale representatives that should be in politics should be half of it, since Mexico’s population is 51 percent female. However, this does not necessarily mean that those women woul d act in support of women’s issues. On the other hand, substantive representation refers to an elected legislator that “ acts for” its constituents, meaning that a female politician would act in pushing and voting towa rd issues that would benefit women. Pitkin points out how with this type of representation the legi slator should not take “excessive risk” but, at the same time, should not make “self-sacrifi ce” gestures and should act as if they will eventually have to justify their actions. This disti nction speaks to the influence of female politicians and the role they play in creating legi slation. For example, applying Pitkin’s concept of descriptive representation, a female politician m ight be elected by female constituents of similar qualities. However, this female politician m ight have her own political agenda that does not necessarily reflect the needs of her female constituents. Applying Pitkin’s concept of substantive representation, a female politician would act in suppor t of the issues that would benefit her female constituents. Anne Phillips (1995) contributes to the theory of representation as she adds the spectrum of representation of minority groups. She agrees with Pitkin that it is impor tant for minorities to be represented by someone in their own group, because often they will work for the essent ial issues of their constituency. She concedes that even if it would be more appropriate to have women represent women in issues of sexuality, one must not dismiss that a man mig ht be able to do the same if he ascribes to the same beliefs as a woman. She notes that too much foc us has

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17 been put on the differences between groups and that often times that is what separates us from achieving similar goals. At the same time, she argues that there needs to be operating methods so that we hold our representatives accountable for their work on our behalf. She notes that “when policies are worked out for rather than with a political excluded constituency, they are unlikely to engage with all relevant concerns” (p. 13). In other words, in order for le gislation to be effective, a representative must work together with their constituency f or a common goal, rather than impose policies on them later on. Phillips emphasizes the need of a balance d democracy, where all groups not only vote, but also call for accountability in all aspe cts of society. She notes that we should not have to choose between either/or in having our ideas or political presence in the legislature. Phillips stresses the importance of not only holding our representatives accountable for the way they represent us, but also hold ourselves ac countable on the way that we as a society allow inequalities to continue and what we do every da y to support that. Critical Mass Theory Critical mass theory by Rosabeth Moss Kanter (1993) and Drude Dahlerup (2006) furt her contribute to the study of women’s political representation by adding another dime nsion. Critical mass theory states that in order for women to make a difference i n legislation, their participation numbers must grow considerably. As “only as their numbers increas e, will women be able to work more effectively together to promote women-friendly policy change and to influence their male colleagues to accept and approve legislation promoting wome n’s concerns” (Childs & Krook, 2008, p. 725). Dahlerup identifies 30% as the number that women need to occupy in political office to make a significant difference in legislation She concedes that 30 is just a number and that other factors like “societal attitudes” and “critical a cts” can further bring

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18 change (Childs & Krook, 2008). Literature on critical mass theory is mixed; som e scholars argue that increasing the numbers of female legislators in fact does make a difference while others argue that it does not. Henderson’s (2010) research “has pointed to the fact tha t women often must reach a critical mass before they are not only able to effect cha nge for women” but that theses female politicians must also be interested in bringing change t o women’s issues (p. 27). However, other scholars like Childs and Krook (2008) present the findings from Carrol’ s 2001 study where she shows that “an increase in the proportion of women elected actuall y decreases the likelihood that individual female legislators will act on behalf of w omen as a group” (p. 725). Carrol’s study points to the need for further research in women’s politi cal representation as to what other factors might be involved in representation. Overal l, the study of women’s political representation is significant because “apart from conside rations of democracy and social justice as well as the most efficient use of human resources, femal e participation in politics, particularly at the highest level is seen as important since it provides representation for another point of view” (Jensen, 2008, p. 12). In the following section, current scholars take the field further as Htun (2010, 2012), Piscopo (2010, 2011), and Rodriguez (1998, 2003) focus specifically on Latin America. The political representation of Latin American women is rising. Rodriguez’s (2003) research on Mexico points out that “the goal for Mexican women is to reach the ‘cri tical mass’ that will allow them to advance their position and that of all women in Mexican societ y” (p. 191). Rodriguez notes that even though women have gained more political seats at the fe deral level, more work still needs to be done at the state and local levels, as representa tion at these levels is still low. However, she is confident that Mexican women are going in the right direction as they demand equal rights for participation and have been able to work together for

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19 common goals, despite their different party affiliations. Htun and Piscopo have take n descriptive and substantive representation in their research as they focus on Latin Americ a. Their extensive research has found that the number of women in politics is increasing, but that quotas in fac t have more effect in placing women in legislator positions than economic development or other socioeconomic factors (Htun & Piscopo, 2010). They have found that Latin American fema le politicians, in general, occupy positions in politics that are “less powerful” or a reas of “soft” policy. In other words, male politicians continue to occupy the political positions that garner more power for change like committees that are in charge of dispensing fe deral funds. While women occupy the committees dealing with social issues like family relat ions and health. This trend of women in “soft” committees is true around the world (Equality, 2008). Keeping women on these committees enforces the stereotype that women are not capable of leade rship in other fields like economics or government, furthering women from reaching parity wi th men in all fields. Not having women in “hard” committees also limits women’s “voices and per spectives heard in determining financial priorities and shaping national agendas” (Equali ty, 2008, p. 65). Htun and Piscopo (2010) found that “inclusion does not lead automatically to the substantive activity of representation” that women in fact have to be interested in women’s issues and really advocate for policy changes by working together with other women and civil socie ty groups (p. 8). However, Htun and Piscopo concede that most of the policy changes that have been achie ved for female issues have to do with policies against female violence and quota change s. Some of their (2010) recommendations to increase women’s political participation include: political parties to adopt measures to expand women’s opportunities to gain access to political of fice, formalize women’s caucuses and commissions, encourage cross party cooperation, and devote funds for female training.

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20 Through their research Htun and Piscopo (2010) have found that “the connection between women’s presence and their empowerment depends not only on having a critical mass i n political office but also on the societal beliefs and institutional arrangements that st ructure their opportunities to act effectively” (p. 12). The need in women’s political represe ntation to analyze not only a critical mass but also to look at the societal structure ties to Philli ps addition to the representation theory in that everyone in society must look at the role they play in ke eping societal structures as they are. Overall, Henderson (2010) notes that “women’ s presence in political office, particularly in legislation, does matter, as does their votin g patterns. When compared to men, women elected officials are more progressive, more consensus -oriented, and more likely to introduce legislation that directly addresses women’s conce rns (health care, education, welfare)” (p. 7). At the same time, “research on women legislator s in Latin America has found that they are as effective in getting all types of legislation pass ed as their male counterparts, in some case more so” (p. 26) showing that women do make a difference in pass ing legislation and are an essential part of any democratic political syste m. The Role of Quotas This section will analyze the intersection between quotas, representation an d critical mass theories in Mexican politics. According to critical mass theory a 30 percent numbe r of elected female representatives must be active in politics to affect change. In Mexi can politics quotas have currently been set at 40 percent. Following the logic of critical mass theor y, therefore once Mexican women reach 30 percent in political representation they will be able t o influence the political structure which includes the different types of legislation that a re passed. In other words, once female representation reaches 30 percent they will have more influe nce in politics. However, it is not clear whether that number should apply to the whole country as a whole or if

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21 it should be met at different political levels. Although, at the federal level the 30 percent number stated in critical mass theory has been surpassed, this is not the case at the r egional and local levels. Mexican women have only been able to reach 6 percent of high political positions a t the regional and local level (INEGI, 2012). The disparity between the numbers of female politicians at the different levels of government leaves the question of whether change is pos sible without reaching 30 percent at the regional and local level. It also brings us to questi on whether critical mass theory is still applicable to women’s political representation; this ques tion is beyond the scope of this thesis. As far as representation theory and quotas, I look at this intersection through the concept s of descriptive and substantive representation. Addressing descriptive represent ation and quotas, quotas in fact make it easier for women to access political office, but at the s ame time fail to clearly represent the electorate in Mexico since in most cases quota numbers a re not reached. Unfulfilled quota numbers are due to many factors, most importantly that no mechani sm exists to enforce them, and many loopholes exist in the law for parties to resist them. One of t he loopholes used by parties is the phenomenon termed “ Juanitas ” in which parties nominate women, elect them, and later have them step down so a male substitute can take thei r place (Castro, 2012, . 2). In the 2009 Congress elections 9 female candidates denounced their seats to a male substitute (Piscopo, 2011, p. 43). This shows that other factors are at play in Mexic an politics that go beyond quotas. Following the logic of descriptive representation and quota s one might suppose that since the total female Mexican population consists of 51% this woul d translate to the same amount of political representation. However, as described a bove Mexico quota is set at 40%. In this view, quotas limit the amount of female political parti cipation. On the other hand, addressing substantive representation, not all elected women necessa rily advocate

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22 for issues of gender as some are more concerned on advancing their own personal agenda. However, the intersection between substantive representation and quotas research b y Piscopo and Franceschet (2011, p. 454) has shown that women elected through quotas in fact suffer more of a “mandate effect” in which they are “compelled to speak and act for women .” More of this “mandate effect” will be further addressed in the first case study in C hapter IV analyzing Senator Gastelum’s initiatives.

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23 CHAPTER III BACKGROUND This chapter includes different background sections including a brief historical background of the Mexican womenÂ’s movement from the 1900s up to 1995, background of gender violence in Mexico, how the Mexican political system is organized, and backgr ound on the role of quotas in the Mexican political system. The Mexican womenÂ’s movement is included to show that Mexican women have always been politically active. Gender violence background in Mexico highlights some dates of MexicoÂ’s accomplishments in passing and adopting no rms against gender violence. The Mexican political system section gives a brief background on how the political system is structured and organized. The role of quotas in the Mexic an political system section addresses how Mexican political parties have implemented quot as within their party. Mexican WomenÂ’s Movement WomenÂ’s activism and participation in politics is not new for Mexican women. Women have been politically active since the times of La Malinche helping Cortez i n the conquest of Mexico, to Sor Juana voicing her thoughts against injustice, to the times of soldaderas (female soldiers) participating in the Mexican Revolutionary war of 1910. Mexican wome n have always had an active role in the history and politics of Mexico (Jaquette, 1994). However, not recognizing Mexican women as equal citizens in the political system, as st ated in the literature review, has made politically active Mexican women throughout history appear rathe r invisible. This section aims to show that Mexican women have always been present in politics fighting for equality.

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24 Jaquette (1994) and Rodriguez (1998) have done an immense amount of work in compiling Mexican women’s historical political participation. They both note that Mexican women have always been involved in some type of politics and that often policies are ge ared toward the presiding President’s perception of women’s issues. The Mexican women’ s movement is divided into different “waves” or times periods that focus on differe nt issues starting in the 1900’s. The early 1890’s were a period of changes in Mexico as the count ry grew and established itself as its own State away from Federalism and the rule of S pain. Dictator Porfirio Diaz ruled the country during this time. He is recognized for centra lizing the government, bringing stability to the country and growth of the economy while in off ice. However, economic growth also brought many inequalities between different parts of the country and conflicts arose to overthrow Diaz as different groups demanded change f or more freedom. Facing an armed revolution and Francisco I. Madero, a candidate from the opposi tion, Diaz officially resigned in 1911 and was exiled to Europe. While Madero was in power h e passed various reforms that allowed different parties to form, from opposition partie s to unions and agrarian groups. Madero’s time in power was short lived as his party was wea ken by divisions within and he was kidnapped and killed by Victoriano Huerta, military command er of the city, who took power. To this news other groups lead by Venustiano Carranza organize d to overthrow Huerta, seen as an illegitimate ruler, and started the constitutiona list movement to restore order recognized by the 1857 Constitution. By March 1913, Carranza had taken over office as he was recognized as the only authority to have been elected democratic ally by the resistance. Carranza’s time in office consisted of passing social reforms for diffe rent groups and legitimizing and adjusting the laws of the new State. One of the social reform s that signals the

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25 beginning of the Mexican women’s movement was on December 29, 1914, as the government of President Carranza, influenced by Hermilda Galindo, a well known Mexican femi nist, authorized a law granting divorce and remarriage, giving women more rights in rela tionships. Mexican women started organizing as the First Feminist Congress in Mexico was held i n Merida on January 1916, and whose participants consisted of mostly middle class women. Topics of discussion included secular and sex education, political participation of women, and the alignment of their agenda for the Constitutional Convention of 1917. However, this group was split on the topic of suffrage, as some women agreed that women should be equal to men, while others argued that women are different and were not psychologically ready t o participate in politics, a field seen only for men. One woman, a well know Mexican feminist that supported women’s equal rights, was Hermila Galindo. Galindo, known for speaking out for women’s equal rights, “presented [he r] demands for women’s suffrage to the all-male constitutional convention meeting i n Queretaro in 1917” arguing that women ought to have rights for equal representation (Jaquette, 1994, p. 200). This same year the Mexican Constitution gave all male citizens the rig ht to vote, the National Election Law of 1918 “explicitly limited the vote to registered males 18 ye ars or over if married and 21 if not” clearly eliminating a woman’s right to vote. At this time even though w omen were considered citizens of the state with limited rights, they were only c ounted and considered under the care of a male family member (Jaquette, 1994, p. 200). Most women in the movement were either part of the elite class or with the feminist movement; this spli t however did not stop the women’s movement as they continued to push for equal rights. A victory was rece ived in 1917 as the Law of Family Relations was passed which “gave women the right to r eceive alimony, to manage and own property, to take part in legal suits, and to have same right as men

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26 in the custody of their children” (Jaquette, 1994, p. 200). Feminists realized that they had to become better organized and, in 1919, the Rita Cetina Gutierrez feminist league w as founded, with its purpose to promote “the political participation of women and support local candida tes for government positions” showing how some women were willing to work together to push f or equal rights (Rodriguez, 1998, p. 91). The second wave of the women’s movement occurred in the 1920s, during this time Carranza’s time in power came to an end when he was assassinated by rebel t roops on April 1920. Adolfo de la Huerta took interim power until Alvaro Obregon, secretary of war, took over office. Huerta was able to achieve peace with the northern rebels of the countr y, and in August 1923 Obregon’s government was officially recognized by the United States (Ur rutia, 1994). In 1923, El Consejo Feminista Mexicano (Mexican Feminist Council) and the Mexican section of the Pan American League for the Advancement of Women were founded. Both aimed at “orienting women toward socialism” and “to promote the civil rights of women” (Rodr iguez, 1998, p. 92). These organizations were successful, as evident in 1923 when the states of Yucatan and San Luis Potosi gave women the right to vote in state and local elections. Unfortunate ly, local politicians against the measure later took away women’s right to vote. Duri ng the same year President Obregon announced that his successor would be Plutarco Elias Calle s. When President Calles (1924 1934) took power his focus remained on growing the economy as he established the Bank of Mexico, the only one authorized to print money. In 1925, Chiapas became the “first state to enact complete equality of political right s for women in local and state elections, extending to them the same political rights as men, including the right t o vote and stand for all offices” (Jaquette, 1994, p. 201). It was during this time that political parties took notice of these women’s groups’ influences as the Partido Nacional Revolucionario (National

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27 Revolutionary Party/PNR) and Partido Nacional Antireeleccionista (Antireelectionist National Party/PNA) in 1929 officially recognized that women’s rights could be a useful pol itical issue in campaigning, and the need to have women actively participate in women’s movements With this in mind the PNA, the opposition, ran Jose Vasconcelos for President. His campaign included women’s suffrage in its political platform and a large number of women in i ts ranks (Jaquette, 1994, p. 202). The PNA party lost the election to Calle’s candidate Ortiz Rubio fr om the PNR, but for the first time it was recognized by political parties that women were an essential part of their constituency. The PNR would later become the PRI and it would become tr adition that each president would elect its successor (Urrita, 1994). The third wave in the 1930’s included women from different groups coming together. During this time President Ortiz Rubio was seen as an ineffective leader under the influences of Calles. Rubio resigned in 1932 after attempts against his life, he was succeeded by interim President Abelardo Rodriguez until the next election in 1934 when Lazaro Cardenas from the PNR was elected by Calles to rule. The meetings of 1931, 1933, 1934 of the National Congress of Women Workers and Peasants showed a divisive line between the communist women and autonomous feminist movement as “debate about whether women should pursue an autonomous agenda or subsume the gender struggle to the class struggle” became a topic of discus sion (Jaquette, 1994, p. 203). At the end of the Congresses common ground was reached as both groups agreed on an eight-hour work day, minimum wages, paid leave for child birth, support f or single mothers, punishment for abusive husbands, easier divorce proceedings, and the cre ation of jobs for women. Reaching common ground on issues showed the different groups of women that they did in fact share common goals, and that their differences were just barrier s for change. So, in 1935, all the different women’s groups of the time united to create one group, the Frente

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28 Unico pro Derechos de la Mujer (Sole Front for Women’s Rights, FUPDM). The groups’ membership included 50,000 members and it united feminists from different backgrounds as it advocated for employment centers, created a children’s department, pushed to re form labor law and civil code, and lobbied the government to give women the right to vote. Due to the hard work and advocacy of this group, on November 23, 1937 President Cardenas proposed to amend Article 34 in the constitution, to give women full citizenship, as it went to the National Congress. By May 1938 all states were in support of this amendment but the National Congress did not approve and thus failed to give women the right to vote, even though 16 states of the 28 at that time had already given women the right to vote in local elections (Jaquette, 1994) During the next presidency, the FUPDM “lost its belligerence and political visibility” in the mist of Camacho’s, the new president, conservative views of women, and concentrated m ore on establishing social programs (Rodriguez, 1998, p. 99). Showing that the perspective of women’s issues by a President made the women’s movement push for equal rights susce ptible to whoever the Mexican President was at the time. Camacho also ended the presence of the military in government and adhered to Catholic beliefs as World War II continue d around the world. It wasn’t until 1947, when new President Aleman was elected that the FUPDM was again able to influence politics, as legislation was passed reforming Article 115 of the Constitution that gave women the right to fully participate in municipal elections (Rodriguez, 2003 ). The FUPDM had some political influence as Amalia Caballero de Castillo Ledon, part of the Alianza de Mujeres Mexicanas (Mexican Women’s Alliance), used her close connections to the new President Ruiz Cortinez to convince him to tackle women’s suffrage. In 1953, Cortinez agreed that if Castillo Ledon was able to gather five hundred thousand women to sign the petition on behalf of the measure he would declare equal suffrage (Rodriguez, 2003). Castillo Ledon w as

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29 successful in gathering the signatures, and President Ruiz Cortinez offic ially passed legislation to amend the constitution and electoral law to give women equal rights with men and the opportunity to participate in politics. This was a great achievement for Mexican w omen and, in 1955, the first four Mexican women were elected to Congress. However, this achievem ent was bittersweet as the government at the time was controlled by the PRI part y, and these women’s voting patterns remained in line with those as men. In 1958, the first Presidential election was held in which women had the opportunity to vote, doubling the total number of voters. Adolfo Lopez Mateo, from the PRI, was elected, his policies focused on cultural reforms, na tionalizing electric companies, land reform, social welfare, and growing internationa l relations. He faced social movements from teachers, doctors, train workers, and labor workers for incre ase in wages and benefits (Urrutia, 1994). In response he passed different policies establishing s ocial security, free textbooks for all students, and passed minimum wage legislation, he became one of the most popular presidents, so much that the opposition likened him to a movie star (Urrutia, 1994, p. 253). During the 1960’s the women’s movement weakened, as suffrage had been passed, and most women’s organizations became government sponsored, as the “PRI absorbed many politically active women and channeled them into positions within the bureaucracy” (Jaquette, 1994, p. 205). This was a time of stability and growth for Mexico, until the next President Gustavo Diaz Ordaz (1964 1970) came to power. Ordaz was faced with a student movement protesting the amount of political repression and lack of democracy. Facing gro wing manifestations by students and the middle class, Ordaz ordered in 1968 the massacre o f a peaceful student protest in Tlateloco, awakening other parts of society about t heir role with government.

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30 The next wave of the women’s movement started in the mid-1970s as the 1973 economic crisis hit. Luis Echeverria (1970 1976), from the PRI, was president during this ti me. He passed policies allowing some liberties for political discourse within gove rnment, but not on television or radio, the mediums that reached society (Urrutia, 1994, p. 256). Students, middle class, and young professionals not conformed with the freedoms allowed began to question women’s role in society and the inequality between men at home and the work place. Dur ing this time issues like denouncing oppression, analyzing gender roles, abortion, raising consciousness and sexual freedom became very important. In 1974 the Coalicion de Mujeres Feministas (Coalition of Feminst Women) also raised awareness of all the “problems women faced in Mexico and the Mexican government lack of responsiveness” at the United Nati ons convention, and called for women to “wake up” against all the inequalities (Rodrigue z, 2003, p. 104). The year 1975 became a central time for Mexican women as it was named the ye ar of Women and the International Women’s Year Conference was held in Mexico City. Thi s conference by the United Nations brought together 133 of their member states and wa s designed to bring to discussion issues of gender inequality, and set forth a plan to make changes to a chieve equal rights between men and women. The 1980s were faced with another economic crisis which brought Structural Adjustme nt Programs (SAPs) to Mexico, cutting many social services that primarily affected women and the poor, opening the door to many non-governmental organizations (NGOs) to provide basic socia l services. NGOs became primarily focused on gender issues like “the design of public policies dealing with women, such as violence, sexual crimes, technical training, and reproduc tive health” (Rodriguez, 1998, p. 136). The women’s movement weakened during this time due to limited resources opening a door for NGOs to take on advocacy for women’s issues. President

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31 Miguel de la Madrid (1982 – 1986) tried to fulfill campaign promises to create a more equalitarian society, failing as the number of poor people grew, the middle cla ss was cut in half, and the wealthy got wealthier (Urrutia, 1994, p. 259). Madrid faced the growth of drug trafficking to the United States, many accusations of corruption in the politica l system, and the failing prices of oil. The 1990s brought many political changes and the women’s movem ent became focused on getting women involved in politics. However, the political scene shif ted in the legislature and all “attention and energies were focused on male issues like party finances, rules of electoral system, and distribution of positions, pushing away any politica l feminist agenda” (Rodriguez, 1998, p. 180). Carlos Salinas de Gortari (1988 1994), from the PRI, was president during this time. A turning moment in the women’s movement occurred in 1994 as outgoing President Salinas faced the Zapatista movement, the joining of NAFTA and an economic crisis devaluating the peso, sending the country to instability were the president was forced to take military action. The Zapatista movement occupied the state of Chiapas and called for more rig hts for the indigenous and marginalized populations in the country. This movement attracted many groups including feminist and LGBT groups that felt were being marginalized in poli tics. Indigenous women in the Zapatista movement and feminists organized the Chiapas Women’s Convention, which offered educational workshops on “health, violence, and economic survival” (Rodriguez 1998, p. 161). The Zapatista movement gave its participants leverage by gaining gl obal support and pressuring the incoming President Zedillo to launch anti-poverty campaigns and allowed negotiation on issues like political representation, political autonomy, land rights and compensation for resource extraction (Baum, 2010, . 12). By joining NAFTA Mexico had to adopt neo-liberal policies that included lowering trade barriers with the United States and

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32 Canada. In turn, some of the population publicly demonstrated their disagreement with t he new policies as competitive advantage and jobs were lost. In 1995, the Convencion Nacional de Mujeres (National Convention of Women, CNM) was organized to include sessions over issues like “women’s control over reproduction, viol ence against women, rape, representation at all levels of government and in formal t erms in the constitution, and equal working conditions and pay” showing movement towards gaining equa l representation in politics (Rodriguez, 1998, p.161). Since the 1990s Mexican women have gained more political participation and representation as their numbers in politi cal office continue to grow. Even though more work still needs to be achieved in terms of control over reproduction, one can observed that Mexican women have and will continue to fight for equal rights. The following section will further address some background on gender violence i n Mexico, on the achievements and norms adopted by the Mexican government against gender violence. Gender Violence Background As noted earlier, violence against women in Mexico really became into focus in the 1970’s as people began questioning women’s role in society and the inequality betwee n men and women at home and the work place. During this time issues like denouncing oppression, analyzing gender roles, abortion, raising consciousness and sexual freedom bec ame very important. Feminist organizations focused on three main themes: a) voluntary materni ty, b) violence against women, and c) freedom of sexual choice (Rodriguez, 2003, p. 104). The year 1975, a central year for Mexican women, brought attention to Mexican women’s issue s in the country and became a catalyst for change. The following years after the UN conference “feminist activity flourished: the first feminist publications appeared; the first women’s studies

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33 course was taught; and the first rape crisis center was established” ( Rodriguez, 2003, p. 105). Mexico recognized some international norms on violence against women, as it adopted man y conventions and laws recognizing the unequal status of women in their society and effort s passed to combat violence against women. In 1981 Mexico took a big step in officially recognizi ng discrimination against women as a problem, they attended and ratified the UN Conventi on on the Elimination of All Forms of Discrimination Against Women (CEDAW). Unfortunate ly, the economic crisis during this time affected social programs and it is known as t he “lost decade” since the Mexican government was “forced to curtail all social spending, and an y governmentsponsored efforts related to women were essentially discontinued” (Rodrigue z, 2003, p. 107). It was not until 1991 that women from different political parties came together, and Congre ss passed legislation reforming the Rape Law, for “stiffening penalties a gainst rapist and for better protection for victims” (Rodriguez, 2003, p. 109). In 1993 Mexico also ratified the Declarati on of Violence Against Women (DEVAW) recognizing the need of Mexican women to live a life free of violence. The year 1994 marked another year in which Mexico attended the I nterAmerican Convention on the Prevention, Punishment, and Eradication of Violence Against Women “Belem Do Para Convention” in Brazil. This convention aimed to bring further attention to violence against women and call for action. In 1995 Mexico implemented PRONAM, a program aimed to helping women. On August 8, 1996 Mexico passed a law for the Assistance and Prevention of Intra-Family Violence, establishing cente rs for the assistance of victims; unfortunately this was only implemented in Mexico City. Further, in 1998, Me xico went on and ratified Belem do Para. In 1999 Mexico created PRONAVI to help women victi ms of violence, which in 2001 became INMUJERES, a governmental organization that ai ms in creating gender parity and create a culture free of violence against women. The year 2006

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34 marked the first time the PGR created a special department in charge of ma naging and prosecuting cases of violence against women, adding in 2008 the treatment of persons as well. During this time the Mexican Chamber of Deputies also authorized the creation of t he Programa de Apoyo a las Instancias de Mujeres en las Entidades Federativas (Program to Support the State Level Institutes for Women/PAIMEF) which has set aside part of the annual budget to fund state level women’s programs “that seek to detect, prevent, and eradicate vi olence against women” (Piscopo, 2011, p. 309). One of the success stories in the fight against gender violenc e was the 2007 passage and publication by the president of the Ley General de Acceso de las Mujeres a una Vida Libre de Violencia (Law for General Access of Women for a Life Free from Violence/LGAMVL) which aims to “define violence as psychological, physica l, sexual or any other type of violence that harms or is likely to harm women's dignity, integrity or f reedom" (Kennedy, 2007, . 11). It also requires federal and local authorities to respond appropri ately. Even though all these laws, norms, and conventions have been adopted there is still a long way to go. Currently, 44 women’s shelters operate nationwide to respond to viole nce against women (Organizacion, 2012). A far cry from improvement considering 37 years ha ve passed since the establishment of the first one in 1976, and that there are 31 states in a country were 65 percent of its female population has been a victim of violence. Clearly, some thing more than norms, laws, and conventions are needed to combat violence against women. The United Nations CEDAW Mexico status report states that Mexico has in fact made s ome advancement, but still needs to “systematically and continuously implement all provisions” as it has failed to keep girls and women free of violence (Convention, 2012, p. 2). The status of implementing CEDAW goals and compliance, and the 2007 law will be further address in the barrier s section

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35 in Chapter IV. The following section will give a brief background on how the Mexican pol itical system is structured. Mexican Political System Mexico is a Federal Representative Republic composed of 31 states and 1 Federal District. The government structure is divided into three branches. The first is the Executive Branch, composed of the President, who serves in six-year terms known as the sexenio The second is the Judicial Branch, composed of the Supreme Court of Justice, the Electoral T ribunal and other courts. The third is the Legislative Branch, composed of the Congreso de la Union (Congress of the Union). The Congress is divided into two chambers, Camara de Senadores (the Senate) and Camara de Diputados (Chamber of Deputies). The Chamber of Deputies has 500 members, each member serves a 3-year term, 200 of those members are elected b y proportional representation, while the others are elected from single-member distric ts. The Senate has 128 members, each state is allowed four seats, and they serve in 6-year terms. Both t he Senate and the Chamber of Deputies are in charge of introducing initiatives, passing legis lation, as well as reviewing and approving initiatives by the President. Congress has two ordinar y sessions per year, The first session begins on November 1 and continues until no later than December 31; the second session begins on April 15 and may continue until July 15. A Permanent Committee (Comisin Permanente), consisting of thirty-seven members (eighteen senators and nineteen deputies), assumes legislative responsibilities during congressional recesses. The president may call for extraordinary sessions of congress to deal with important legislation (Mexico Government, 2012, . 11) Regionally each state and local municipality has a similar structure f or governing their locality and passing laws. The three main political parties in Mexico are: 1) Partido Revolucionario Institucional (Institutional Revolutionary Party/PRI), 2) Partido Revolucionario

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36 de la Democracia (Party of the Democratic Revolution/PRD), 3) Partido de Accin Nacional (National Action Party/PAN). Each party approaches women’s participation di fferently, this will be addressed in the next section on the role of quotas in Mexican politics. Historically, as noted in the women’s movement section, Mexico comes from a background of dictatorship and one party-rule style government. It was not until 2000 that t he PRI lost its one-party rule since 1910, to the PAN, the more conservative of the parties to its candidate for President Vicente Fox. Fox campaigned to end government corruption and improve the economy. During Fox’s presidency the Congress LVII Legislative session (2003 2006) was evenly split between the PRI and the PAN in the Chamber of Deputies, but not the Senate. In the Chamber of Deputies the PRI had 41 percent of the elected seats, t he PAN had 41 percent of elected seats, and the PRD held 10 percent of elected seats. In the Sena te the PRI held 46 percent of elected seats, the PAN had 36 of elected seats, and the PRD held 12 percent of elected seats. During the LIX Legislative session (2003 2006) the PRI kept cont rol of Congress, even though both the PAN and PRI lost some of its seats to the PRD. In the Cha mber of Deputies the PRI held 40 percent of elected seats, the PAN had 29 percent of seats while the PRD held 19 percent of elected seats. In the Senate the PRI held 44 percent of elec ted seats, the PAN had 36 percent of elected seats, and the PRD held 11 percent of elected seats. The contr ol of Congress by the PRI made it hard for Fox to pass proposals to stabilize the economy and improve bilateral cooperation in issues of immigration and drug trafficking (V icente, 2013). Fox was succeeded by President Felipe Calderon in 2006 also from the PAN. Calderon policie s lined with liberal fiscal policies and conservative social policies. As part of his policies Calderon also waged a battle against the drug cartels increasing violence in the countr y (Bonner, 2012). During Calderon’s presidency the Congress LX Legislative session (2006 – 2009 ) and LXI

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37 Legislative session (2009 – 2012) were split. The Chamber of Deputies was controlled by the PRI with 48 percent of elected seats, followed by the PAN with 28 percent of electe d seats, and the PRD with 14 percent of seats (Diputados, 2012). On the other hand the Senate was controlled by the PAN with 39 percent of elected seats, the PRI with 25 percent of elected seats, the PRD with 19 percent of elected seats (Estadisticas, 2012). This split also ma de it hard for President Calderon to pass many policies, while at the same time he rejecte d some as will be further discussed in Chapter IV case studies. The Role of Quotas in Mexican Politics The role of quotas in the Mexican political system shows how access for women to the political system had to be institutionalized to encourage women’s political repr esentation. The purpose of the quota law is to encourage and promote women’s participation in political par ties by reserving a specific number of seats or appointments only for women to fill. Mexico officially implemented quotas in 1996, following a 1990s international trend in which other Latin America countries passed quotas, and made it mandatory for parties in 2002. The Mexica n political system for electing a representative consists of both a mixed s ystem of proportional representation (PR) and single-member. Proportional representation refers to the number of candidates running for office; in other words more than one member can represent a c onstituency from one district. Single-member refers to one person running for office for one const ituency. This difference in how one is elected to office is vital because “proportional s ystems have beneficial ramifications for female candidates; research shows that women are almost twice as likely to be elected under the rules governing a proportional system” (Henders on, 2010, p. 14). Currently, in the 2012 Mexican Senate, Political parties are required to guarantee that women constitute at leas t 40 percent of candidates. This applies to both lists of candidates for the PR elec tion,

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38 and the candidates for the constituency elections. However, parties who democratically elect their candidates are exempt from the regulations COFIPE, Article 219 (Mexico, 2012, . 1) Although quota laws have been implemented, no clear enforcement mechanism has been established to make sure that political parties follow them. At the same time not all political parties are supporters of institutionalizing quotas as the PAN initially opposed t hem, while the PRI and PRD have “formally and explicitly instituted a quota system both within i ts internal party structure and its candidate list” (Rodriguez, 2003, p. 180). Currently, each par ty has implemented different levels of quotas within, the PRD leads with an internal quota of 50 percent, the PRI 30 percent, and the PAN “ruled in 2000 that each pair of candidates (primar y and substitute) must contain one woman” (Piscopo, 2011, p. 43). These differences are due to the way each party views and approaches women. The PRD is the party that most progre ssively supports women, its rhetoric “views women as important actors in the workplace and in the public sphere” (Rodriguez, 2003, p. 121). Their platform clearly shows that they support women’s issues like equal pay, birth control, nonsexist education, proportional representat ion of women in government, elimination of discrimination, and educational opportunities among others. It was also the only party that stipulated thirty percent of its candida te list be women in the early 1990s. The highest ranking women from their party include Amalia Garcia, w ho became president of the party, and Rosario Robles, who became Mayor of Mexico Cit y. In the current LXII legislature, the PRD controls 104 of the seats in the Chamber of De puties, 39 of them women, that is 37% of female representation within the party at this level In the Senate, the PRD controls 22 of the seats, 16 of them women, that is 72% of female representation wit hin the party at this level (INEGI, 2012).

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39 The PRI for the most part has been successful in attracting women to the party, as i t includes in their party statements that they are concerned “with women’s p articipation in the formal structure of government, and that this participation must be commensurate w ith women’s contributions to society as a whole” (Rodriguez, 2003, p. 116). They have also been very involved with other women’s organizations and through their platform support women’s sex education, birth control, women’s control over their bodies, reforming laws against violenc e, and encourage girls to stay in school. The establishment of OMNPRI shows that they are indeed commited to women’s issues, more on the role of the OMNPRI will be discussed in Chapt er IV. Most notably, the party has had women, like Beatriz Paredes, Maria de los Angeles Moreno, and Dulce Maria Sauri occupy important positions of power within the party. In the LXI I legislature, the PRI controls 212 of the seats in the Chamber of Deputies, 80 of them women, that is 37% of female representation within the party at this level. In the Senate, the PRI c ontrols 52 of the seats, 18 of them women, that is 35% of female representation within the party at this level (INEGI, 2012). The PAN, the most conservative of the parties, supports women in their rhetoric by stating that they “support women in whatever roles they choose, whether that means staying at home to care for the family or running for public office” (Rodriguez, 2003, p. 118). The party platform includes celebrating the differences between sexes, prizing mother hood, and promoting women’s traditional roles. In spite of these views a few senior PAN women have be en able to reach positions in the national executive committee like Maria Elena Alvarez Cecilia Romero, Esperanza Morenos Borja, among others. In the current LXII legislature, the PAN controls 114 of the seats in the Chamber of Deputies, 36 of them women, that is 31% of female represent ation

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40 within the party at this level. In the Senate, the PAN controls 38 of the seats, 11 of the m women, that is 29% of female representation within the party at this level (INEGI, 2 012).

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41 CHAPTER IV A FEMALE LEGISLATOR AND THE PROCESS OF A LAW This chapter will present two case studies. The first case study will anal yze the participation of National Senator Diva Gastelum. Specifically, it will cove r her role in the Senate as a female politician and engagement with issues that concern wome nÂ’s issues during the years 2009 through 2012. This case study will analyze the role one woman plays in the legislature and look at what kind of agenda she sets forth. The second case study will analyze the legislative process of Congress by following the history of the Ley General de Victimas (General Law for Victims/LGV), a current piece of legislation that aims to provide services to victims of violence and crime. I will look at who presented this initiative, its support ers, implementation, its current state and challenges. By analyzing both case studi es I hope to gain knowledge on how female victims of violence are perceived, to show the complexities of passing legislation against violence, to show that passing legislation does not necessa rily translate to action, and to show the contrast between the work of a female senator and the process of passing a law. The following section will give some context in which both case studies are b eing studied by analyzing results from a national survey of Mexican citizenÂ’s view of poli tics and the state of Mexican politics during the LXI Legislative session (2009 2012). Setting the Stage To understand the case studies some context is needed. To accomplish this I will anal yze empirical data results of the 2008 National Survey on Political Culture and Practi ce of Citizenship (ENCUP) by the Special Program for Promoting Democratic Cul ture issued by the Mexican Ministry of the Interior. This national survey measures the views of Mexican citizens of politics, the senate, institutions, and the rate of involvement and participation. This sur vey was conducted at a national level in 2008, in the 31 states and 1 Federal district of Mexico, a nd

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42 interviewed over 5,000 households. The main focus of the survey was to diagnose the political culture and Mexican citizens practices; to identify the factors that expl ain, condition, and contribute; with the main goal to be able to contribute and promote a cultural transfor mation that can sustain democracy in Mexico (Encuesta, 2008). Although Mexico is an officially recognized democracy the ENCUP survey re vealed that only forty-eight percent of Mexican citizens “agree” and believe to live in a democracy. This paradox is reflected as most citizens note that they are not satisfied with the way democracy is practiced, with twenty-seven percent “somewhat satisfied”, thirty-four p ercent “little satisfied”, and twenty percent “not satisfied”. Another question considers how people identify in the political spectrum. Twenty-nine percent of the population places itself “on the right” with conservative views, eleven percent “on the left” with liberal views, and twelve pe rcent in “the middle” with centric views, however forty-one percent “didn’t know” how to identify. T his high percentage of respondents (41%) not identifying could correlate to the way the ci tizens view political parties. For example, when participants were asked how much trust poli tical parties inspired thirty-five percent stated “none” and thirty-six percent “littl e” trust, with only three percent reporting that political parties inspired “a lot” of trust. Meanwhile respondents believe that political parties have the power to change things in Mexico. Thirty-four pe rcent said “much power”, thirty percent said “some power”, and only twenty percent of respondents sai d “little power”. Trust was a big factor and of all the organizations that could be trusted an overwhelming forty-two percent of respondents stated that the church was the one t o inspire a “lot of trust”. On the subject of security and trust, forty-five percent of res pondents stated that the police inspired “no trust at all”, twenty-seven percent said “little trust ”, and eighteen percent said “some trust”. The lack of trust in the police could correlate to their response to vi ctims of

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43 violence and why many episodes of violence go unreported. At the same time, citizens believe that the government should intervene when violence inside families occurs. Sixty -two percent of respondents “agree” and twenty-six percent “disagree” that some type of g overnment intervention is necessary to respond to intra-familiar violence. For the gover nment to be able to intervene in cases of violence, senators and public officials must enact the neces sary legislation. This response is hard when most of the population does not agree with the work being done by their representatives. Thirty-one percent of the population “somewhat” approves of the job being done by senators, while twenty-five percent disapproves “a lot”, and the rest are somewhere in the middle. And as Phillips (1995) noted, change in legislation is hard “when policies are worked out for rather than with a political excluded constituency, they are unlikely to engage with all relevant concerns” (p. 13) making it less likely to have an adequate re sponse to violence through legislation. When respondents were asked about what senators and deputies take into account when passing legislature forty-nine percent believe that they take into account “t heir own interest”, twenty-five percent believe they take the “interest of their parties”, a nd only ten percent believe that they take the “interest of their constituents” into consideration. When asked how m uch power individual legislators have to change things, thirty-two percent of responde nts said “much power”, thirty percent said “some power”, and twenty percent said “little power” Thirty-seven percent of the population also believes that “better politicians” are needed to r epresent constituents. Thirty-four percent believe that “better laws” are neede d to protect and help people, and twenty-four percent agree that “both better politicians and better la ws” are necessary to bring change. Overall, a sentiment of disillusionment exist in Mexican c itizens since they believe they can only voice their opinion and change things through voting as 50% of

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44 respondents “agree” with this statement. Additionally, 51% of respondents “agr ee” that politics are sometimes too complicated to understand and might be correlated to why the disi llusionment exists. The disillusionment is further expanded as 68% of respondents “agree” that laws are only created to benefit a few. Clearly something has to change to dispel the disil lusionment and give Mexican citizens a bigger sense of living and participating in a democracy. M ore needs to be done to encourage a greater level of trust in the political system, whether that i ncludes education or encouraging participation and openness, since in a democracy citizens are supposed to c ontrol the government by electing who represents them. Further, some political context is needed to understand the setting of the two case studi es and the update on the LGV. During the LXI Legislative session (2009 – 2012), the Mexican President was Felipe Calderon from the PAN, the more conservative of the part ies, and his policies lined with liberal fiscal policies and conservative social policies. As part of his policies Calderon had also waged a battle against the drug cartels increasing viole nce in the country, which might point to why Congress worked together to pass a General Law for Vic tims, more will be discussed in the second case study (Bonner, 2012). Congress during this legislati ve session was split. The Chamber of Deputies was controlled by the PRI with 48 perce nt of elected seats (Diputados, 2012). The Senate was controlled by the PAN with 39 perce nt of elected seats (Estadisticas, 2012) and a new President took over office on Decembe r 2013. The following section will address the role of Senator Gastelum in Congress and he r track record during the LXI Legislative session. Case Study 1: A Female Legislator This case study will analyze whether National Senator Diva Gastelum is representing in a descriptive or substantive role in Congress, as well as her effectiveness in pas sing legislation. I

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45 will look at GastelumÂ’s role in Congress as a female, her level of participa tion, and engagement with issues that concern women. By examining the life of Senator Gastelum i n Congress as a female politician I aim to respond these questions: 1) To what extent do women politi cians follow party lines and to what extent do women politicians have autonomous agendas? 2) To what extent do women politicians get to participate in policy making and what role do quot as play in female participation? National Senator Diva Hadamira Gastelum Bajo, an only child, was born on July 30, 1961 in Guasave, Sinaloa. Her parents Felix Gastelum Lopez, a lawyer, and Edelmira Bajo Romero, a teacher, note that being an only child, Gastelum had to be special, hence her nam e. Diva is Latin for divine, and Hadamira, in Spanish a fairy that looks after others ( ONMPRI, 2012). Her education includes a Masters in 1998 in Social and Family Law from the Autonomous University of Sinaloa as well as a Bachelors in Law from the Occide nte University in Sinaloa. GastelumÂ’s background reflects that of many female politicians that have served in different educational and local political posts before reaching the federal level. From 1987-1995 she served as the director at the municipal level of the Desarrollo Integral de la Familia (Integral Family Development/DIF) in Sinaloa. From 1985 to 1988 she served for the Secretaria de Educacin Publica (Secretary of Public Education/SEP). From 1996 to 2001 she served as Director of the Interdisciplinary Center of Investigation for the Inte gral Regional Development at the Instituto Politecnico Nacional (National Politecnico Institute/IPN). From 1988 to 2001, and 2007 to 2009 she served in the local government as a deputy. Her federal representation experience includes serving in the Chamber of Deputies from 2003 to 2006, and 2009 to 2012. Gastelum was elected to the National Senate in 2012 by proportional representat ion to represent district 4 Guasave in the state of Sinaloa. She has served in various ordinary and spe cial

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46 committees dealing with human rights, gender and equality, and constitutional i ssues (H. Congreso, 2006). She has also served as president of the Gender and Equity Committee, whic h focuses on reviewing how initiatives might affect women taking gender into account Gastelum is an outspoken supporter of womenÂ’s equality and rights as she has addressed Congress on many gender issues, but does this translate to sponsoring legislation that supports w omenÂ’s issues? To find the answer, I will analyze all the initiatives Senator Gast elum presented and cosponsored in the Chamber of Deputies. Gastelum presented and co-sponsored a total of 50 initiatives from September 2009 to April 2012, of the fifty initiatives 14 were approved, 32 were not approved, and 4 are listed a s pending. In other words, Gastelum, as of April 2012, had a success rate of 28% in passing her initiatives. This success rate is higher than most of her fellow female PR I members that average an 11% success rate in passing legislation during the LXI session (Listado, 201 2). The following will outline the different initiatives presented to analyze if Gastelum is serving a descriptive or substantive role as a female politician. I have organized the fifty different initiatives into 9 different categories depending on the subject they address. The most initiatives presented by Gastelum, with nine, introduced in Congress deal with family issues. Family initia tives include issues like childcare, elderly care, and creating a department to deal wit h family issues and resources. Government initiatives follow, with eight initiatives, which deal wit h how the federal, state and local systems work, how they are organized, and how political parties follow quot as and encourage womenÂ’s participation. Following, with seven each, are initiatives dealing with workerÂ’s and victimÂ’s rights. WorkerÂ’s rights initiatives address issues of pe nsions, working conditions, and benefits, while victimÂ’s rights initiatives address victimÂ’s c ompensation, treatment by authorities, and services. Next with five initiatives each, ar e education, health and

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47 human rights initiatives. Education initiatives address issues of access and c ost, expanding the curriculum, and expanding the development of information technologies. Health initi atives address womenÂ’s family planning as a basic service, prenatal and delivery se rvices, and psychological services for children. Human rights initiatives address the e lection of the president of the National Human Rights Commission, rights of the disabled, immigrantÂ’s right s, and the passage of a law to prevent, investigate, and persecute those in violation of human right s as declared by the United Nations. Lastly, with two each, are initiatives deal ing with the environment and womenÂ’s equality. The two initiatives addressing the environment deal specifically with disaster relief funds and allocating funds for the pres ervation and improvement of needy areas. The three initiatives specifically addressing womenÂ’s ine quality, call for funds to promote womenÂ’s equality, eradicate violence and discrimination against women and womenÂ’s expansion of health services like family planning and prenatal care. Further, the initiatives that had the most success rate of passing were educa tion initiatives. Three of the five education initiatives presented in Congress were passed. See table I for a breakdown of initiatives by category and rate of passage. Based on the init iatives presented by Gastelum one can accurately state that she substantively represents wom en as most of her initiatives are geared towards improving womenÂ’s lives. Analyzing the init iatives presented and co-sponsored by Senator Gastelum show that in fact she is not only acting in a repres entative role, by being a female, but also in a substantive role by supporting womenÂ’s iss ues. Her voting record also reflects similar qualities as she has voted in favor of many soci al issues that help women. The topics of her initiatives indeed affect women directly and indirectly, t hrough family, education, government organization, workerÂ’s rights, victimÂ’s rights, he alth, human rights, womenÂ’s equality, and the environment.

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48 Table I Gastelum Proposed Initiatives in the Legislature Sept 2009 Apr 2012. Category Passed Not Passed Pending Family 0 6 2 Government 1 7 WorkerÂ’s Rights 1 6 VictimÂ’s Rights 2 5 Education 3 2 Health 2 3 1 Human Rights 2 3 WomenÂ’s Equality 2 0 Environment 0 1 1 At the same time Gastelum follows and supports her party lines as she serves as President of the Organismo Nacional de Mujeres Priistas (National Organization of PRI Women/ONMPRI). The ONMPRI was officially established in 1999 by the PRI t o recognize that women play a big part in the political process. The role of the ONMPRI is to en gage women, and promote gender equity, eradicate discrimination and violence against wome n, and promote a culture of respect and equal opportunities between genders. As president of the ONMPRI, Gastelum came up with a workplan listing the objectives she would like to accomplish. The objectives in the workplan include: womenÂ’s human rights, gender parity PRI party inclusion of workplan, and transparency of actions. Some specific projects she describes include the creation of a virtual classroom to share ideas, reports, and information, to harmonize the activities of all women in the party, and a course to teach all those in the part y about

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49 womenÂ’s human rights and gender parity. Propositions in the workplan also include: the crea tion and diffusion of the number of women and men in the party and the levels they hold, increase indigenous womenÂ’s participation in politics, support the professional development of y oung women in the party, capacitate women to take on leadership positions, and support the creati on of the mechanism necessary to sanction the failure of the party to follow party rule s. Overall responding to the initial questions of: 1) To what extent do women politicians follow party lines and to what extent do women politicians have autonomous agendas? and 2) To what extent do women politicians get to participate in policy making and what role do quotas play in female participation? Senator Gastelum has been successful in naviga ting party politics and pursuing her own agenda that includes many womenÂ’s issues specifically addres sing the inequality between men and women. She plays a central role in the PRI heading her pa rtyÂ’s organization to promote womenÂ’s political representation through ONMPRI. Gastelum a lso presented and co-sponsored many initiatives showing that she gets to fully parti cipate in policy making, and it seems that female politicians whether there due to a quota or not get t o fully participate. Gastelum is serving as both representative and substantive repr esentation roles, as she is not only a female, but also supports issues that affect women. Her track recor d shows that she gets to fully participate in policy making as she has been cited to be one of the m ost productive senators in the legislature (Improductivos, 2012). GastelumÂ’s role as a f emale politician further points out that perhaps there needs to be an additional category that combines both descriptive and substantive representation in discussing womenÂ’s political repre sentation. Case Study 2: The Process of a Law This second case study will analyze one current piece of legislation, the Ley General de Victimas (General Law for Victims/LGV), who presented this initiative, its support ers,

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50 implementation, and its current state and challenges. This law was chosen to show one of the ways the Mexican government is responding to the high incidence of violence. By ana lyzing this piece of legislation, I will answer the following questions: 1) Are Mexican f emale politicians writing and advocating effective legislation against violence? and 2) What a re some of the challenges and barriers in passing legislation against violence? The Ley General de Victimas was first presented in the Senate on April 22, 2010, by Senators Felipe Gonzalez Gonzalez, Jaime Rafael Dias Ochoa, and Ramon G alindo from the PAN (Ley General, 2012). The initiative requested the expedition of the passage and implementation of a law for victims that would create the basis to respond to vict ims of violence and crime. The initiative aimed to overcome problems of coordination between budgeti ng, legislation, structure and infrastructure to be able to respond to victims immedia te needs. More urgently a response was needed to ensure the safety of victims and victimÂ’s fam ilies from organized crime. The initiative intended to provide services without the re-victimiz ation of victims, in different areas of their lives that includes judicial assistance financial assistance, medical and psychological services, and in some cases restitution. It asks t hat a Fondo Federal para el Auxilio y Compensacion Economica a la Victima del Delito (Federal Fund for the Assistance and Economic Compensation to Victims of Crime) be implemented, as a ty pe of emergency fund that could assist victims economically in dire need or extreme necessity based on their socioeconomic status. At that time the initiative was assigned to the Comisiones Unidas de Justicia y Estudios Legislativos (United Committee of Justice and Legislative Studies) for analysis and review, and seems to have been stalled in that committee. During another session, on December 28, 2011, the Ley General de Proteccion y Reparacion Integral a Victimas de Violaciones a Derechos Humanos generados por violencia

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51 (General Law for Protection and Integral Restitution to Victims of Human R ights Violations Generated by Violence), an initiative really similar to the previous LGV i nitiative, was presented by Senator Tomas Torres Mercado from the Democratic Revolution Party (PRD ). The initiative aimed to set up services to help victims, as well as get financial assistan ce, and included any victim whose human rights were violated due to violence. The initiative was supported b y the Movimiento por la Paz con Justicia y Dignidad (Movement for Peace with Justice and Dignity/ MPJD), headed by Mexican Poet and Activist Javier Sicilia, and other civil soci ety organizations focused on defending victimÂ’s rights and their families. This initiative added more elements to the previous LGV initiative to help victims like: a) Right to the truth, right to be informed of what and when crime occurred, who were the assailants, who were the victims, what were the sociopolitical conditions tha t created the violence; b) Right to access the justice system, crimes be investigated, that those re sponsible for crimes be investigated, persecuted, judged and sentenced, fight against impunity; c) Measures to avoid repetition through the creation of legal and institutional conditions, so that the criminal actions that hurt life, integrity, and freedom do not repeat (L ey General, 2012, p. 11). The proponents of this initiative also added that victims are not only victims of their assailants, but also victims of criminal violence, institutional violence, soci etal violence, and most of all victims of impunity of a state system that is not taking responsibilit y in protecting its citizens. It further called for all victimsÂ’ services to be free and offer ed by public and private organizations, and any other civil society group. It demanded that the Procuraduria General de la Republica (Attorney General of the Republic/PGR) establish a program that protects vi ctims and witnesses whose participation in persecuting their assailants puts their security and life at risk. The initiative aimed to create the Coordinacion Nacional de Atencion y Reparacion Integral a las Victimas (National Coordination of Integral Care and Compensation for Victims),

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52 to coordinate all victimsÂ’ services at different levels, from federal, stat e, municipality, and the Federal District, to: a) guarantee fast and efficient services for vi ctims, b) evaluate all the victim services programs at the different levels for better coordination, c) wor k together with public and private organizations to complement services, d) establish a mechanism for int egral compensation for victims, and e) guarantee a just and efficient management of r esources to help victims. Lastly, it called to the Comision Nacional de los Derechos Humanos (National Commission of Human Rights), to be the organization responsible for implementing and maintaining a National Registry of Victims, and to record not only victims of organi zed crime, but also victims of violence committed by state entities. This initiative was passed on to the Comisiones Unidas de Justicia y Estudios Legislativos (United Committee of Justice and Legislative Studies) for analysis and review and seems to have been halted there. It was not until April 17, 2012, that the Ley General de Victimas (LGV) was presented again in the Senate by Senators Manlio Fabio Beltrones Rivera, Jesus Murillo Kar am, Pedro Joaquin Coldwell, Amira Griselda Gomez Tueme, Melquiades Morales Flores a nd others from the PRI. This time, however, the initiative was presented with support from over thir teen more senators from all the different parties, including female senators, and civi l society groups. The initiative was again assigned to the Comisiones Unidas de Justicia y Estudios Legislativos (United Committee of Justice and Legislative Studies) for analysis and r eview. The third time the initiative was presented it strongly called for the state to take responsibility for the security and safety of its citizens, and to recognize no t only the victims but also the gross violations of human rights due to violence. Supporters of the initiative point out that Article 20 in the Constitution already calls for equality in the rights of victims and assailants, and that the initiative would strengthen the constitution towards a better democrac y. Proponents

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53 of the initiative note that no legislation or system has been established that oblig ates the authorities at different levels of government to follow and respect victim’s ri ghts. The initiative emphasizes that victims should have guaranteed access to educational instituti ons, subsidy programs for education, and full healthcare access that includes access to medica tions, physical rehabilitation, and programs for mental health and well-being. This version of the initiative also made sure to include a nondiscrimination clause for reasons of age, sex, sexual ori entation, ethnicity, or disability. It also adds a 10 th article that states that victims shall be provided with access to a victim advocate that can help them navigate the court system. The ini tiative was again sent to the Comisiones Unidas de Justicia y Estudios Legislativos were it proved to be a success as the committee responded positively adding some suggestions to the ini tiative, that included clarifying language and unifying the role of government organizations a lready working on providing victim’s services. The Senate approved the initiative on April 25, 2012, with 93 votes in favor, 0 against, and 0 abstentions. Twenty percent of the votes in favor consisted of female senators. O ne million pesos ($77,890.20 USD) was approved for the initiative as it went to the Chamber of Deputies for review and approval (Michele, 2012). The Chamber of Deputies unanimously approved the initiative on April 30, 2012, with 369 votes in favor, 0 against, and 0 abstentions. Thirty-five percent of the votes in favor consisted of female deputies, including Gastelum. Supporters noted that “a law like this should not exist since it is due to a large colle ctive tragedy, and in some terms Mexico is late in adopting it, but we must highlight that fortunately now it exists”, as it went to the Secretary of Government for review to be sent to the Pr esident for final approval (Camarena, 2012, . 2). One thing to note regarding the voting is that even though 35 Senators and 131 Deputies were absent, the Mexican Constitution Article 63 states tha t in order

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54 for a law to pass at least 65 yes votes are needed from the Senate and at leas t 251 yes votes are needed from the Chamber of Deputies. The absence of Senators and Deputies during sess ions has been widely criticized in the Mexican media as during the first period of t he past session 946 absences were reported and the legislators still received full pay (Capor al, 2013, . 3). Analyzing the assistance records for the Senate and the Chamber of Deputie s during the week of April 24, 2012, it is clear that on average only 377 Deputies assisted sessions, and only 107 Senators assisted sessions that week (Asistencia, 2012). In general, Senat ors and Deputies are allowed 5 previously approved absences. Additionally, they are allowed to leave t he floor as many were reported not present during voting time, and the Chamber of Deputies allows asistencia por cedula a mechanism that allows Deputies to record their presence even if they are not on the floor. Unfortunately, no mechanism for transparency has been established for t he public to examine the reasons for the absences or hold legislators accountable for m ore than 5 unjustified absences. On May 10, 2012, various Deputies came out to the media and stated that the approval of the LGV initiative had been approved too swiftly, as it contained various errors and some proposed changes were not made, and that they wanted the initiative back for modifications (Mendez, 2012). Apparently this request was not correctly communicated until much la ter as the initiative went on to the President on May 30, as the thirty-day limit for review a nd changes started. By June 30 th the Senate had not heard back with any changes from the Executive in the time limit given by the constitution, and ordered the publication of the law. On July 1, 2012, President Felipe Calderon sent word to the Senate opposing the law assuring the Se nate that the law was unconstitutional and presented a 40-page paper with his eleven reasons agains t the law. Some of those reasons included: 1) He questioned the ability of the Sistema Nacional de

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55 Atencin a Vctimas (National System for VictimÂ’s Assistance) to be able to establish and coordinate programs, as well as be able to bring together local authorities, m unicipalities and autonomous organizations, 2) He claimed that the costs were unquantifiable, therefore inconsistent, 3) He claimed that the law is questionable, since its provisions do not diff erentiate where states are financially responsible and which type of criminals are liable, and that the compensation scheme is not harmonious with other mechanism of compensation already set forth in the Mexican legislation (Robles, 2012). However, the Senate argued that no changes could be made as the time limit for review had expired and should be allowed to stand as is. Consequently, the President used his executi ve powers and vetoed the LGV, sending the law and controversy of passage to the Mexi can Supreme Court by request of the Senate. In September 2012, President Calderon introduced hi s version of a law for victims to the Senate for review. The PresidentÂ’s initiati ve Ley General de Atencin y Proteccin a las Victimas (General Law of Protection and Attention for Victims) is not as in-depth as the original law. The law differentiates between direct vict im and indirect victim, making sure both benefit from the rights and services when they have been phys ically or mentally affected. The President proposed creating a National Conference f or the Integral Attention to Victims to be coordinated by Provictima, an organization mandated by t he President in 2011 to assist those victims that feel that the authorities have not heard them or tre ated them correctly to be accompanied in the search of information, answers and attention by the state (Antecedentes, 2011). As far as economic assistance, victims will be provided wi th the correct resources if they have suffered damages to their health, loss of employment or food sources due to an injury or sickness. It aims to create thirty-three different assis tance funds to cover cost of care and protection to those who have suffered great losses, the funds will be integra ted with the

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56 public budget and the sale of offender’s property. At the same time, the reform of the Ley General de Contabilidad Gubernamental (General Law of Government Accounting) will bring transparency and harmony to governmental financial information of the spending of public funds (Senado, 2012). The supporters of the LGV did not agree with President Calderon new initiative as t hey feel it does not go far enough to protect and help victims. They note that the call for t he creation of the Fund for Victims had precedents, since a similar fund, Fondo de Auxilio Economico a Familiares de las Victimas de Homicidios de Mujeres (Economic Assistance Fund for Families Victims of Female Homicides) had already been created to assist vic tims in the city of Juarez, Chihuahua, as response from the Federal government to help the families victims of femicides. The only difference in the LGV initiative is that their fund would be available to re spond and assist any victim of violence or organized crime in an urgent matter. It als o adds the dimension of “indirect victim” in that family members of “direct victims” would now be considered eligible to receive all victim services. The President’s initiative proposes that t he PGR section of human rights, care to victims and services to the community, an agency already cr eated, take on the task of implementing and coordinating the new victim’s services to avoid the creati on of another agency. Analyzing President Calderon’s organization Provictima, there is only o ne located in Mexico City and sixteen others throughout Mexico. Sixteen Provictima organizat ions are not enough to provide services to all victims in the country, especially considering that each of the thirty one states varies in region size and population. And as previously noted, service s like women’s shelters are also lacking, showing how a victim’s assistance l aw is urgently needed in a country where violence has become an everyday occurrence. Senators Felipe Gonz alez Gonzalez, Jaime Rafael Dias Ochoa, and Ramon Galindo, note that with the implem entation of

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57 the LGV law it would give the government the capability to urgently respond to vic timÂ’s immediate needs and help with the legal process in an efficient and just way. They also note that by passing their initiative it would help to shift the culture, and call on the population t o denounce crime. At the time of writing this thesis the LGV was resurrected by incoming Pr esident Enrique Pea Nieto as he enacted the law on January 2013 and order Congress to reform it. Curre ntly, Congress is analyzing the law and making necessary changes as 144 amendme nts were made since its passage in 2012 (Mercado & Brito, 2013). The Senate approved the law on March 22, 2013 with some changes and has sent it to the Chamber of Deputies for review. The chang es made in the Senate consist of clarifying and defining the types of victims, how vi ctimÂ’s compensation will be handled, a time limit victims have to wait to get feedback, simpl ify the mechanism to register victims, and modified articles so that resources atta ined from offenders will go to the victimÂ’s fund (Senado, 2013). There are now different types of victims listed in the law as: potential victims, indirect victims, and victimizing facts. Potent ial victims include those that might be at risk of violence for protecting and helping victims, and are now a llowed protection in case their right to life and liberty are threatened. Indirect victim refers to the families or individuals that are directly connected to the victim. Victimizi ng facts refers to the acts or omissions that damage or jeopardize the legal rights of a person making them a victim including a violation of their human rights (El Senado, 2013). The updated LGV law gives it t he steps necessary to implement and enforce, which is why past critics from vic timÂ’s organizations in Mexico have now endorsed it (Mercado & Brito, 2013). The passing of the law has resurrected discussion of why President Calderon oppose d it in the first place. It has also brought criticism on new President Pea Nieto for passing a law and

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58 then sending it back to Congress for changes. In my opinion, President Calderon opposed the law because he would have had to officially take responsibility for the high incidenc e of violence as a result of his battle against organized drug cartels and the failure of the gove rnment to protect its citizens. As 60,000 deaths and tens of thousands are reported missing as a result of violence against the drug cartels (Villagran, 2013). Calderon’s judicial advisor Miguel Ale ssio Robles sustains that the LGV is an “error” because it is inoperable and unconstitutiona l, since Congress would have to modify the Constitution in this area first before requiring states and m unicipalities to enact changes (Las diferentes, 2013). Robles also noted that the passage of the la w now would not be retroactive and that this was just unfair for past victims. President Pe a Nieto passed the law as part of his campaign promises and to garner support from civil society groups and the population. However, this has not come without criticism from the PAN, Senator Roberto Zuarth has labeled the President’s action as a “great irresponsibili ty” for passing a law that two months later is being modified (El Senado, 2013). Since by publishing it in January by law it was scheduled to go into effect in February, 30 days after publishing it, a nd states would have six months to add and incorporate to their laws. As of March 23, 2013, the law is in the Chamber of Deputies waiting analysis and is yet to be seen what other amendments or changes might be made to it. In response to the first question the second case study addressed: 1) Are Mexic an female politicians writing and advocating effective legislation against violence ? The answer is mixed. The rate of female politicians that write, advocate, and pass legislation ag ainst violence requires more research. Analyzing the LGV, only one woman co-sponsored the initiative, Ami ra Gricelda Gomez Tueme from the PRI, this shows that women are present in the writi ng of policies, but clearly more women are needed. Similarly, as previously noted, Gas telum was able

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59 to pass two initiatives specifically dealing with victimÂ’s rights out of t he seven she presented. The majority of women in the Senate and the Chamber of Deputies voted for the passage of the initiative, reflecting that women do support legislation against violence. Respondi ng to the second question the second case study addressed: 2) What are some of the challen ges and barriers in passing legislation against violence? The challenges and barrie rs in passing the LGV legislation include: President CalderonÂ’s view of the issue as he vetoed it, the c omplexities in the use of language of how victims were to be viewed and assisted, the difficulty of impl ementing the law as different organizations will play a role in responding, and the work ahe ad of new President Pea Nieto to implement. The following section will further address s ome of the barriers in passing legislation against violence. Challenges and Barriers Case study 1 showed that one Mexican female politician is serving both descriptive a nd substantive roles in representing her constituents and advocating for womenÂ’s equal r ights. Additionally, case study 2 showed female politicianÂ’s role in writing and advoca ting for legislation to assist victims, as well as the complexities and barriers i n passing this type of legislation. Together these two case studies show that there is more to passi ng legislation against violence that goes past issues of gender representation and onto issues of societa l and political structures. This section further addresses some challenges in implementing le gislation against violence. It includes a brief look at the 2007 General Law to WomenÂ’s Access to a L ife Free of Violence (LGAMVLV), a look at issues of funding, the response of the international C EDAW committee for non-compliance, and the realities victimÂ’s face when denouncing p erpetrators of violence.

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60 The many obstacles the General Law for Victims initiative had to go throug h show just how complex it is to pass any federal law in Mexico to assist victims of viole nce. It highlights that passing legislation against violence or even services for victims not only takes female politicians taking it as part of their agenda, but also the need to have buy-in and support f rom other parties, and most importantly support from the President. These obstacles and the fact that Congress has to re-examine the General Law for Victims point to how victim s in Mexico are recognized, defined, and the role that gender plays. For example, there is a tende ncy to recognize women victims of violence as part of the problem, in a 2010 National survey about discrimination in Mexico, 12.4 percent of people “agree” that women are assault ed because they “provoke men or ask for it” (Genero, 2012). Violence in the home is also seen as a private matter to be dealt with within family units, rather than through politics or the author ities. This patriarchal attitude is also reflected as 26 percent of females still as k their partners permission to vote or who to vote for. Similarly, 33 percent of females ask permission of their partne r to go out alone and one out of four believes that women’s rights are not respected (Genero, 2012). Meanwhile, female politicians instead of taking the issue straight on, focus m ore on a broader agenda, as noted with Gastelum’s record, she focuses more on family issues that r ange from how childcare is provided to the creation of a commission to oversee children’s welfa re. However, Gastelum has approached the issue of victims through policies that focus on reformi ng penal codes for better coordination between the different government structures, and the creation of projects to lower delinquency. In a press conference regarding femicides, Gastelum noted that violence against women is not an issue of victimhood, but rather an issue of justice, justic e for women victims of violence, that deserve parity and recognition in the judicial sy stem (Conferencia, 2011).

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61 At the same time, even when a law against violence is passed as was the General Law to Women’s’ Access to a Life Free of Violence (LGAMVLV) in 2007, challenges in implementation are present. The challenges include: gaps in collaboration betwe en the federal, state, and municipal judicial systems, as well as the way funding is spent. Af ter the passage of LGAMVLV in 2007 it took some states a few more years until finally implementing it into their state legislature. Many states took their time to review and approve LGAMVL V into their constitutions well into 2009. Guanajuato was one of the last states to create the str uctures necessary to support this law until recently in May 2011. And even to this day various initia tives are presented in the Senate to modify sections of the 2007 law mostly dealing with how la nguage is used and how terms are defined. In terms of funding, a report by CEAMEG notes that in 2008 regional Judicial powers were given $31 million pesos to comply with LGAMVLV nationally. In 2010 the Chamber of Deputies approved $48 million pesos for “strategic action” through t he formation, investigation, diffusion, action and evaluation to transverse the perspect ive of gender in the Judicial powers (CEAMEG, 2012). In other words, funding seems to be increasing for LGAMVLV, yet gender violence continues to be a problem. More research exist i n how funding is distributed and used, but it is beyond this thesis. The CEDAW Committee report points to the shortcomings that even though a federal law might be approved, it does take the states time and funding to implement at the local le vel. The CEDAW committee urges Mexico to “revise its public security strategie s”, “provide systematic training on human rights to all law enforcement officials, the military, and navy”, “establish a standard system for regular collection of statistical data on violence aga inst women”, as well as “harmonize” legislation like “civil, penal and procedural laws at the federa l and state level”, and provide consistent “definitions and sanctions” in the legal framework in all federa l, state, and

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62 municipal levels (Convention, 2012, p. 3). At the same time no real international mechanism has been established that can persecute States for noncompliance with LGAMVLV, b esides imposing sanctions and international pressure on governments, only recommendations can be made. Amnesty reports continue to record many cases of women experiencing vi olence in Mexico and how the perpetrators are not being held accountable, prosecuted, and in most case s no follow-up by the authorities exists (Amnesty, 2008). These challenges show how f ragile and fluid laws against violence are in Mexico. In a way laws against violence a re at the mercy of the current PresidentÂ’s view of violence, victimÂ’s rights, and available funding. This fluidity in legislation can be good in some cases, as it gives legislators a change t o improve previous laws. However, change in a law is not needed when the initial LGAMVLV law has not been fully implemented at the state level, public officials have not been successful in impl ementing it, and the population has not been fully accustomed to a new law in which violence against women i s not tolerated. Showing that combating violence against women go beyond issues of gender representation and onto issues of societal and political structures.

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63 CHAPTER V RECOMMENDATIONS AND CONCLUSION This chapter will summarize this thesis; address some recommendations, and off er a conclusion based on the literature reviewed, historical background, and the analysis o f the two case studies presented. The summary section will present the statistics on viol ence against women, the number of female politicians, the literature review, the methods used, and how the case studies relate to the literature. The recommendations section will pr esent a few recommendations for the passage and implementation of policies against violence, the political participation of women, education, and further research. The conclusion section wil l present the effectiveness of Mexican female politicians and an outlook to the future. Thesis Summary Violence against Mexican women is not a new topic as murdered and disappeared women are reported in the news every day. However, the incidence of women that have been victims of violence (67%), the lack of response from the government, the high rank in gende r inequality, and the national average of participating female politicians (35 %) compared to other nation states, offers an interesting relationship that has been explored in this thesis. In a country where 51% of its population is female, and of those 51% are eligible and registered to vote (INEGI, 2012), brings the questions addressed in this thesis as to the effectivenes s of Mexican female politicians. 1. To what extent do women politicians follow party lines and to what extent do women politicians have autonomous agendas? 2. To what extent do women politicians get to participate in policy making and what role do quotas play in female participation? 3. Are Mexican female politicians writing and advocating effective legisl ation against violence?

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64 4. What are some of the challenges and barriers in passing legislation against violence? The literature review shows many of the different points of analyzing is sues of female political representation. The review of the literature on Mexican female poli ticians is fragmented as some scholars focus specifically on the role of religion, the underreprese ntation of women at the state level, the role gender plays in politics, the representation of Mexican c ulture in politics, and the role quotas play in the political process. More research is needed on analyzi ng the types of policies advanced by female politicians, more specifically on policies agai nst violence. The methods used to analyze the effectiveness of female politicians advocating for legislation against violence in this thesis include qualitative and quantitative methods. This methodology has allowed me to view the issue of violence against women and the role of Mexican fem ale politicians play in creating legislation through different perspectives. Us ing the perspectives from representation and critical mass theory has allowed me to look closer int o the roles Mexican female politicians play and how their effectiveness can be categori zed or not into these theories. Conceding that more in-depth research is needed as this thesis only anal yzes the role of one female politician and one initiative due to time restraints. The first ca se study presented the work of Senator Gastelum highlighting how descriptive and substantive representa tion play out in real life, as she balances her work as a female legislator and centr al part of her party. The second case study presented the LGV initiative, from its creation, presentat ion, and barriers. The LGV initiative initially failed even though it had support from all of the electe d female politicians in Congress, this questions critical mass theory, as something more than numbers is necessary to bring about change. It also shows that passing legislation agai nst violence is more complex and involves other issues that go beyond gender representation as noted in the

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65 challenges and barriers section. The next section offers some recommendat ions that go beyond issues of gender. Recommendations As discussed, Senator Gastelum was shown to be 28 percent effective in passing her initiatives. Most of her failed initiatives can be justified to the complexiti es of passing legislation. The passage of violence legislation, its effectiveness, and im plementation, was shown to be more complex as discussed in the challenges and barriers section. Combating violence against women goes beyond political structures and representation, differ ent fields of study like economics, sociology, philosophy, and marketing must be engaged to combat t he problem at different levels. To this end some recommendations to pass legislation a gainst violence and effective implementation should include: 1) Outreach and education to the presiding President and any other influential political figures to garner supp ort of legislation against violence. 2) Enhance laws with adequate funding to make them operable, which als o include incentives for states to enact laws. 3) Establish the mechanisms neces sary to measure outcomes of laws for improvement. 4) Increase community violence education, aw areness, and engagement through social marketing campaigns as well as provide more educa tion and incentives for public officials on the treatment and assistance of victims. 5) C ontinue to provide training and education to men and women to attract more women to political positions, and engagement with the political system. To influence change on the statistics of violence against women, not only do more women need to be involved in politics, but there also needs to be a significant shift in culture recognizing how violence affects the whole soci ety. It must start with the socialization of children on equal gender roles and engage the younger population on the “promises” of democracy and women as equal. Hope remains as female politici ans like Senator

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66 Gastelum continues to push and keeps presenting initiatives in Congress that aim at r eaching gender parity. Gastelum recently presented an initiative that challen ges the structure of the system and asks that females have equal representation in all committees. Further research is needed, specifically into the areas of legislation against violence, to see wha t has worked, the barriers, trends, and implementation. As well as more research into the usage of la nguage in legislation and the role Mexican female politicians play in advocating for change at different levels of government to reduce levels of violence against women. Conclusion Even though Mexican female politicians have fought and continue to fight against many societal barriers at different levels, they are indeed trying to make a dif ference through their participation in politics and demands for parity. Conceding that time and research l imitations exist at this time, it is difficult to quantify the level of GastelumÂ’s i mpact or the changes that LGV legislation will bring. Responding to the initial research questions: 1) To wha t extent do women politicians follow party lines and to what extent do women politicians have autonomous agendas? 2) To what extent do women politicians get to participate in policy making and w hat role do quotas play in female participation? 3) Are Mexican female politicians writing and advocating effective legislation against violence? 4) What are some of the challenges and barriers in passing legislation against violence? One can observe the effor t not only in GastelumÂ’s work but also in Congress as they have address issues of violence and vict imÂ’s services. In case study one, the work of Senator Diva Gastelum gives visibi lity to womenÂ’s issues in society, as her objectives for ONMPRI include womenÂ’s human rights gender parity, PRI party inclusion of workplan, and transparency of actions. This relates to the l iterature that focuses on where to place Mexican women in politics as they struggle for gender par ity at many

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67 levels. Gastelum through her initiatives is trying to give a voice to all wome n by fighting for gender parity and showing that women can be successful politicians. The initia tives Gastelum presented to Congress reflect that she is serving a descriptive and substant ive role who wants to help women improve their position in society and politics. Her voting record also refl ects similar qualities as she has voted in favor of many social issues that help women. Gastel um serving descriptive and substantive roles is in par with the literature and research by Piscopo and Htun (2010) that show that women in general support “women’s issues”. Gastelum is also de manding that her party shows transparency in fulfilling gender quotas and is a strong support er of getting women in politics as she serves an important role leading OMNPRI. In case study two, one can observe the role female politicians play in supporting laws against violence a nd the complexities of passing legislation against violence. Dissecting the steps LGV had to go throug h, it was evident it was not an easy task. The number of times the initiative had to be presented, modified and supported by different groups clearly shows that more than legislative and civil group support is needed to pass any law. Had it not been for the cooperation of all parties, includi ng women and civil society organizations, it would have not gotten as far as it did, and while in the end it was on hold until the new President supported it, it shows that Congress is more recept ive to take on issues of violence, victim’s services, and gender parity. Overall, even though Mexican female politicians represent 35 percent of the leg islature at the national level surpassing the 30 percent needed to reach critical mass. At t his time, based on the two case studies, it is unclear whether those Mexican female politicians currently elected can affect or create a change big enough to improve the lives of Mexican women throug hout the country, especially around issues of gender violence. This shows that addressing viol ence is a bigger task than passing and enacting legislation. More research is needed t o focus specifically

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68 on the role of Mexican politicians in creating policies against violence, as we ll as how Mexican women can advance in issues of representation not only at the national level, but stat e and local levels too. Improving the inequality of Mexican women in their society has to be approached at all levels, including those measured by the United Nations Gender Inequality Index, maybe then the situation will reflect change in the numbers of women victims of violence. The fi eld is open for other scholars to build on and explore not only issues of policy and representation in Mex ico, but also investigate what if anything has proven effective in combating ge nder violence, as well as researching how the different levels measured by the Gender Inequali ty Index affect change. To this end, a wider conversation is needed that recognizes all the different aspec ts of Mexican society to create a violence free society that goes beyond issues of ge nder representation and the political process. The conversation must include the different institutions that m ake society including the community, businesses, religious institutions, civil society groups, a nd legislators working together to help Mexican women live a life free of violence.

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