Political violence against women on the basis of gender as cause of nullity of an election

Abstract

The Electoral Tribunal of the Federal Judiciary has been developing an important inclusive jurisprudential line, within which the issue of gender stands out. In this regard, it has not only ruled directly on women's right to political participation on equal terms with men but has also acted against the barriers or resistances that have existed and still exist to prevent the achievement of substantive equality, among which we find political violence against women based on gender.

The Tribunal's rulings have even preceded the intervention of the legislature, highlighting the declaration of ineligibility due to the commission of political violence against a woman based on gender, the implementation of a national registry of individuals convicted of such conduct, the incorporation of a flexible evidentiary standard and the reversal of the burden of proof, as well as the adoption of protective measures for the victims. Finally, the maximum consequence in this matter has been applied, which is the declaration of nullity of an electoral process.