Despite the passage of numerous laws in Latin America, impunity in domestic violence cases remains a serious concern throughout the region. This article draws on feminist theories of the state to analyze how the routine practices of low-level state bureaucrats impact women's experiences navigating legal institutions in urban Nicaragua. Drawing on ten months of ethnographic fieldwork and in-depth interviews, I show how, contrary to theories of representative bureaucracy, the increased presence of women officials within state institutions does not improve most women's treatment by police or prosecutors. Rather, only when women have access to specific forms of social capital are their cases granted legitimacy by state actors. This article illustrates the routine practices by which gendered governance operates, as well as how feminist organizations disrupt patterns of bureaucratic indifference by assuming the banner of legitimacy that is rarely afforded to women victims themselves. These findings raise critical questions about the efficacy of traditional legal and bureaucratic strategies for eliminating violence against women, and suggest that one key alternative is to strengthen the capacities of civil society organizations that provide accompaniment to women victims.
This article examines the contested process of law‐making related to the killing of women which resulted in the criminalization of feminicide (feminicidio) and femicide (femicidio) in Mexico and Nicaragua, two countries in which feminists engaged in legal activism to increase state accountability for gendered violence. Through comparative analysis, we demonstrate the importance of (1) the interaction between shifting local political conditions and supranational opportunities and (2) the position of feminist actors vis‐à‐vis the state and its gender regime in shaping regional variation in the making of laws concerning gendered violence. In Mexico, the criminalization of feminicidio resulted from a successful naming and shaming campaign by local feminist actors linked to litigation in various supranational arenas, and the intervention of feminist federal legislators. In Nicaragua, the codification of femicidio resulted from the state's selective responsiveness to feminist demands in a moment of narrow political opportunity within an otherwise highly consolidated regime. We also examine the unmaking of these laws through their perversion in practice (Mexico) and their intentional undermining (Nicaragua) at the hands of the state. Our analysis demonstrates how states' decisions to enact legislation against gendered violence does not occur solely because they are invested in international legitimacy, but also in response to states' shifting acceptance of the legitimacy of supranational authority itself.
The recent political “left turn” in Latin America has led to an increased emphasis on social policy and poverty alleviation programs aimed at women. Drawing on ethnographic fieldwork and interviews in a rural village in Nicaragua, I argue that one of the consequences of such programs is an increase in women’s daily workload, which I call the gendered burden of development. By exploiting women’s unpaid community care labor, these non-governmental organizations (NGO) and state-led programs entrench established gender roles and responsibilities. Furthermore, through their selective interventions, these programs reinforce the neoliberal ideal of self-sufficiency in women’s everyday lives, contributing to the formation of a particular kind of developmental subject who assumes responsibility for her own hardships. Although these programs have produced some tangible improvements in women’s lives, they ultimately do little to alter the structural conditions affecting the precariousness of women’s survival.
Many Latin American countries have passed laws intended to address femicide and other forms of violence against women. Yet the implementation of these laws has been inconsistent at best. This article analyzes the case of Nicaragua, which passed a comprehensive law on gender-based violence (Law 779) in 2012. While celebrated by local women’s organizations, Law 779 was subsequently weakened through a series of legislative reforms and executive decrees. This article seeks to explain why state actors in Nicaragua initially supported Law 779 and later sought to undermine it. It argues that in contexts characterized by a high concentration of political power like Nicaragua, transnational governance structures are insufficient to ensure the success of gender violence legislation. Through an analysis of Law 779, this article contributes to broader debates about the nature of state legitimacy and the potential of legal advocacy to address violence against women.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.