Campo Algodonero v. Mexico: Femicide and Due Diligence

Introduction

The Case of González and Others (“Campo Algodonero”) v. Mexico (2009) is a landmark judgment of the Inter-American Court of Human Rights addressing state responsibility for gender-based violence and femicide. The case involved the disappearance and murder of three young women — Claudia Ivette González, Esmeralda Herrera Monreal, and Laura Berenice Ramos Monárrez — whose bodies were discovered in a cotton field (Campo Algodonero) in Ciudad Juárez, Chihuahua, in November 2001.

Factual Background

The three victims were among hundreds of women and girls who had been murdered in Ciudad Juárez, with a pattern of sexual violence, abduction, and impunity. Despite the families’ repeated requests for investigation, state authorities failed to take prompt and effective action. Investigations were characterized by negligence, delays, mishandling of evidence, and victim-blaming attitudes.

The Inter-American Court’s Findings

The Court found Mexico responsible for violations of the rights to life, personal integrity, personal liberty, and judicial protection under the American Convention on Human Rights, in connection with the obligation to guarantee rights without discrimination (Article 1.1) and the duty of due diligence. The Court specifically found that the violence against women in Ciudad Juárez constituted a pattern of systemic discrimination and state negligence amounting to a violation of the Convention of Belém do Pará.

Due Diligence Standard

The Court established that states have an enhanced duty of due diligence in cases involving gender-based violence. This duty requires: prompt and effective investigation using gender-sensitive protocols; protection of victims’ families from harassment and intimidation; access to information and participation in proceedings; and the elimination of gender stereotypes in judicial investigations. The Court held that the failure to act with due diligence rendered the state internationally responsible.

Reparations

The Court ordered Mexico to: conduct genuine and effective investigations into the murders; investigate the authorities who committed irregularities; establish a monument in memory of the victims; create a website documenting the case; provide medical and psychological care; implement training programs on gender-based violence; and pay monetary compensation. The judgment required Mexico to adopt legislative and policy measures to prevent and eradicate gender-based violence.

Impact on Mexican Law

The Campo Algodonero case led to significant legal reforms in Mexico, including: the enactment of the General Law on Women’s Access to a Life Free of Violence (2007); the creation of the Gender Violence Alert mechanism; the strengthening of femicide as a criminal offense in all state criminal codes; and the adoption of gender-sensitive investigation protocols. The case continues to inform Mexican jurisprudence on state responsibility for gender-based violence.

Conclusion

Campo Algodonero v. Mexico is a foundational case in international law on gender-based violence, establishing the state’s duty of due diligence to prevent, investigate, and punish violence against women. The case’s legacy includes legal reforms, institutional changes, and a lasting impact on Mexican law and policy regarding femicide and gender discrimination.