Criminalization of femicide in Latin America: Challenges of legal conceptualization

Abstract

The concept of femicide was created within the feminist theoretical field of studies influencing Law reform in Latin America. Eighteen countries throughout the region have criminalized femicide based on different legal provisions, in intimate and nonintimate relations. This article aims to provide a comparison of legal definitions of femicide as adopted in Latin American legal frameworks and to analyze the challenges of using law to give a name to the gender-based killings of women. The transition of the concept to law may partially impact its potential since other forms of gender-based violence may be hidden in a general clause of ‘gender prejudice’. It may also lead to restricted recognition in the legal system since traditionally this system operates in a conservative way wherein individual criminal liability has limitations in addressing institutional discrimination. Despite regional challenges, criminalization has contributed to raising social awareness on gendered killings. It has induced improvements in statistics and pushed for more attention on prevention policies and support for survivors and relatives. Nevertheless, current conservative movements tend to stress only the punitive approach and entail backlash on gender equality policies. This comparative study aims to contribute to a better understanding of the concept in the region.