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Mexico’s Supreme Court Upholds ‘Violencia Vicaria’ Reforms, Urges Congress to Clarify Criminal Elements

Three ministers warned that vague Penal Code language could undermine due process for the accused.

Overview

  • The Plenary approved Minister Lenia Batres Guadarrama’s ruling that the 2024 changes to the General Law on Women’s Access to a Life Free of Violence and the Federal Civil Code are constitutional.
  • The Court issued a formal exhortation for Congress to specify in the Federal Penal Code the elements that make up the offense of violencia vicaria, defined as harming a woman through third parties, often her children.
  • On Penal Code provisions, Ministers Loretta Ortiz Ahlf, Yasmín Esquivel Mossa and Giovanni Figueroa Mejía dissented, arguing the current typification is ambiguous and threatens defendants’ rights.
  • The case reached the Court through an action of unconstitutionality filed by the National Human Rights Commission challenging references to “violencia por interpósita persona.”
  • Minister Arístides Rodrigo Guerrero García returned to an in‑person session, as the majority emphasized that clearer statutory guidance from lawmakers is needed for criminal prosecutions.