Parents, indirect victims of feminicide

In the State of Mexico, the parents of a woman murdered due to the crime of femicide filed a request for direct protection in against of the judgment of appeal issued by the Court of Prosecution for not having recognized their status as indirect victims despite they showed off with such quality and he called them only “offended”.

The Fourth Collegiate Court of the Second Circuit who knew about said protection determined that the parents of the woman who was a direct victim of feminicide have the status of indirect victims in accordance with the General Victims Law and inter-American jurisprudence.hence This quality must be expressly recognized when they request it.giving rise to the relevant thesis of the field: “INDIRECT VICTIMS OF THE CRIME OF FEMICIDE. THE PARENTS OF WOMEN DEPRIVED OF LIFE HAVE THIS CHARACTER, BEING HER IMMEDIATE RELATIVES AND THIS QUALITY SHOULD BE EXPRESSLY RECOGNIZED WHEN THEY REQUEST IT.”, published this Friday, September 22, 2023 in the Judicial Weekly of the Federation and its Gazette, digital registration: 2027287.

This important criterion indicated that: “…Of article 4 of the General Victims Law, interpreted in light of inter-American jurisprudence, specifically in the “Street Children” Cases (Villagrán Morales and others), Bámaca Velásquez and Blake, all Vs. Guatemala and Hermanos Gómez Paquiyauri Vs. Peru, it is obtained that the relatives who have an immediate relationship with the direct victim are indirect victims…”

“…Therefore, In the crime of feminicide where the daughter of the complainants was deprived of her life, the character of indirect victims must be expressly recognized for them.…”

“…well, it is a way to recognize them and become aware of the enormous damage suffered as a result of that criminal event…”

”…It is so, because Calling them only “offended” generates the perception that the damage suffered by them as a result of the criminal acts is minor.that is, it was a “lesser evil”, despite the fact that due to such events They were left without their daughterso their right to have a family was affected…”

”…Added to the fact that the First Chamber of the Supreme Court of Justice of the Nation in the isolated thesis 1a. CCXII/2017 (10a.), title and subtitle: “DIRECT AND INDIRECT VICTIMS OF HUMAN RIGHTS VIOLATIONS. THEIR CONCEPTS AND DIFFERENCES.”, distinguished that the concept of direct victim refers to the person against whom the illicit conduct of the State agent is directed immediately, explicitly and deliberately: the individual who loses his life, who suffers in his integrity or freedom, who is deprived of his property, with violation of the conventional precepts in which these rights are collected…”

“…On the other hand, the concept of indirect victim refers to a subject who does not suffer the illicit conduct in the same way as the former, but also finds his or her own rights affected by the impact received by the so-called victim direct, in such a way that the damage she suffers occurs as an effect of what she has suffered, but once the violation reaches her she becomes an injured person in her own right. Thus, he said that the damage suffered by an indirect victim is an “effect or consequence” of the affectation experienced by the direct victim.”

This transcendental thesis recognizes the suffering, anguish and grief of the parents who have lost their daughter due to the terrible crime of feminicide. and at the same time, their dignity and quality as co-victims or indirect victims who in fact and by law are, well, having a daughter murdered in that way is actually worse than dying.

As always, a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!