CS
https://doi.org/10.1177/00113921221090252
Current Sociology
2023, Vol. 71(1) 60–77
© The Author(s) 2022
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DOI: 10.1177/00113921221090252
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Criminalization of femicide
in Latin America: Challenges
of legal conceptualization
Wania Pasinato
United Nations Women Consultant, Brazil
Thiago Pierobom de Ávila
Monash University, Australia; UniCEUB University, Brazil
Abstract
The concept of femicide was created within the feminist theoretical field of studies
influencing Law reform in Latin America. Eighteen countries throughout the region have
criminalized femicide based on different legal provisions, in intimate and nonintimate
relations. This article aims to provide a comparison of legal definitions of femicide as
adopted in Latin American legal frameworks and to analyze the challenges of using law
to give a name to the gender-based killings of women. The transition of the concept to
law may partially impact its potential since other forms of gender-based violence may be
hidden in a general clause of ‘gender prejudice’. It may also lead to restricted recognition
in the legal system since traditionally this system operates in a conservative way wherein
individual criminal liability has limitations in addressing institutional discrimination.
Despite regional challenges, criminalization has contributed to raising social awareness
on gendered killings. It has induced improvements in statistics and pushed for more
attention on prevention policies and support for survivors and relatives. Nevertheless,
current conservative movements tend to stress only the punitive approach and entail
backlash on gender equality policies. This comparative study aims to contribute to a
better understanding of the concept in the region.
Keywords
Definition, femicide, Latin America, law, limitations
Corresponding author:
Thiago Pierobom de Ávila, SQSW 305, bloco A, apt 215, Brasilia, DF - 7067421, Brazil.
Email: thiago.pierobomdeavila@monash.edu
1090252CSI 0 0 10.1177/00113921221090252Current SociologyPasinato and Ávila
research-article 2022
Special Subsection: Re-imagining what counts as Femicide