Rompiendo Barreras: La Lucha de las Mujeres por la Justicia Contra la Violencia y la Discriminación en las Américas y el Caribe

Despite significant advancements in the normative framework, structural barriers persistently hinder women's access to justice in Latin America and the Caribbean. This report critically analyses the legal and institutional mechanisms addressing gender-based violence and discrimination, focusing on the ratification and domestic implementation of international instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Belém do Pará Convention. The criminalisation of femicide in 18 countries and the enactment of comprehensive legislative frameworks on gender-based violence in over 13 jurisdictions represent notable legal developments in the region.

However, the effective enforcement of these legal provisions remains fraught with challenges. Persistent limitations in financial and institutional resources, insufficient gender-sensitive training for judicial and law enforcement officials, and systemic obstacles—particularly those affecting indigenous and rural communities—continue to undermine the practical realisation of legal protections for women. Furthermore, the lack of coordination between state justice systems and indigenous legal traditions exacerbates disparities in access to judicial remedies and protection measures.

The report also examines advancements in data collection mechanisms, with over 10 countries implementing regulatory frameworks to enhance the visibility of femicide and other forms of gender-based violence. Nonetheless, entrenched impunity remains a pressing concern, as judicial inefficiencies, case dismissals, and evidentiary gaps frequently impede the prosecution and adjudication of gender-based crimes.

In evaluating regional best practices, this study highlights the establishment of specialised courts for gender-based violence, the institutionalisation of mandatory judicial training on gender perspectives, and the incorporation of restorative justice models tailored to the specific needs of indigenous and Afro-descendant communities. The findings emphasise the necessity of a more coordinated, intersectional, and adequately resourced approach to ensure the full and effective implementation of legal frameworks that safeguard women's rights and facilitate their access to justice.