The Cotton Field Case: Gender Perspective and Feminist Theories in the Inter-American Court of Human Rights Jurisprudence

Abstract

In 2009, the Inter−American Court of Human Rights decided the case of three murdered women, whose bodies were found in a cotton field in Ciudad Juárez, Mexico on November 6, 2001, in the context of widespread violence against women. The importance of this case is undisputable as it embraces a gender perspective. The paper critically addresses the gender perspective in the jurisprudence of the Inter−American Court of Human Rights, focusing on the Case of González et al. (Cotton Field) vs. Mexico of 2009. It shows that although the approach of the Court is symbolically important, there are still several unanswered questions and challenges regarding the correct and proper application of this perspective in the decision. Additionally, the paper shows how the Court embraced some feminist theoretical approaches and problematizes this perspective with the role of the victims in the case. Finally, it suggests some recommendations to balance the challenging tension between the political battle of feminist movements and the interests of human rights victims. Part I of the paper briefly presents a synopsis of the facts of the Cotton Field case and a summary of the judicial decision. Part II describes the most relevant gender approaches of the case and presents some critiques to the Court s decision. Part III illustrates the tension between the feminist movement and the role of the victims of the case and develops possible alternatives to solve this particular issue.