Indigenous women and the struggle for effective justice : reparations for human rights violations in Guatemala & Mexico

Abstract

This research aim at investigating the effectiveness of reparations within the Inter-American System of Human Rights; the focus of our attention is, in particular, the capacity of the reparatory measures awarded by the Inter-American Court of Human Rights to provide effective justice to indigenous women. Through the voices of some indigenous leaders, we had the chance to explore how the feminine principle, violence against women, justice, and power relations are conceived in some indigenous cosmovisions-. Against this background, we delved into the rights, needs, and perspectives of indigenous women trying to determine to what extent they are included in the reparatory discourse developed by the Court: two case studies helped our analysis: Plan de Sánchez Massacre v. Guatemala and Rosendo Cantú et al. v. Mexico. These cases allowed us to assess the achievements and shortcomings of the reparation measures awarded by the Court, as well as to assess the degree to which an intersectional approach is used in the discourse and in the model of adjudication embraced by the Court. Our analysis demonstrates that even though a lot of work still needs to be done in order to attain effective justice for indigenous women, the judgment on the case of Rosendo Cantú v. Mexico represents a fundamental step forward in the jurisprudence and reasoning of the Court.