Strategic litigation. Women’s ally

Strategic litigation. Women’s ally

Strategic litigation, also called impact litigation, is a tool whose use is increasingly frequent and that helps achieve gender equity. It is important to understand what it is and what its scope is, to encourage its use in the future and continue developing advances in this matter.

For some time now, but particularly in recent decades, society has begun to care about achieving gender equality. This concern has been presented to politicians, leaders and governments in many ways, but particularly through demonstrations. It is true that civil society has been one of the great drivers of this impulse, but the work of organizations that have equity as an end in themselves must also be recognized.

These organizations have been fundamental in promoting public policies so that governments establish the foundations to eliminate inequality and provide equal opportunities to all.

However, it is common for governments, and particularly legislative powers, to not fully understand the requests that society makes on these issues. This can often happen due to machismo or even lack of vision to understand that a problem exists. This is not surprising, given that congresses are representatives of societies; These same societies suffer from the same problems, and that, in the best of cases, are just beginning their deconstruction processes.

That is why public policies that do not comply with international equity standards have been legally controversial, either because their purpose is not well understood or because the way these policies are applied does not contribute to achieving the objective of equity.

This is where strategic litigation comes in as a way that opens avenues of protection through the use of judicial tools. Strategic litigation represents the person with a particular situation and common requests from minority groups, which perfectly exemplify problems in laws and policies that could not otherwise be understood.

To demonstrate that a law is incorrect, develop a trial and challenge the norm that was applied to a specific case with specific circumstances and people, it will always be much easier than warning of its unconstitutionality in an abstract way.

In Mexico, and in the rest of the world, important precedents have been established in this matter, such as, for example, in criminal matters, the right for a woman not to be punished for performing an abortion.

Also, it was through a series of trials that differences between men and women in labor matters were reduced. This included cases where it was prohibited to fire pregnant women, questioning the policy that only provided daycare services to working women, but not to working men; endorsing the idea that, if a man worked, he did not need that benefit because surely his wife would not work and take care of the children.

In addition, the possibility of recognizing home work with the same rights as any other was opened. This allowed the establishment of pensions for women who remained in charge of the home while their husband worked, and also generated a social security system for domestic workers that allows them to enjoy benefits on a par with any job.

In administrative matters, it is important to highlight the interpretations of the scope of reparation for victims by state bodies, including the acceptance of responsibility, which has often led directly to modifying public policies and discriminatory legislation.

These matters have not only provided benefits to the people who promote such lawsuits, but they also generate precedents that can be applied by lower or local courts in similar matters, and in some cases they have even managed to boost the interest in carrying out legislative reforms and even constitutional ones to establish rights and their scope and the way in which governments should respond to the problems that women face.

These changes are fundamental, and although they are not rapid, they end up influencing society and individuals in the long term, thus causing societies to modify their rules in favor of equity.

Within the framework of Women’s Day, it is necessary to highlight and remember these types of tools, as well as celebrate the lawyers who, generally on a pro bono basis , seek the creation of equal opportunities and the end of gender-based violence. through the defense of affected people. The same with the organizations that give meaning to law and public policies every day so that they have better access to justice.

Last but not least, it is necessary to recognize the judges who, with progressive vision and often with considerable courage, provide the cases with the emblematic sentences that are celebrated on days like today.

Administrative Law |  Lawgic

By, Diana Rangel León, Bashan, Ringe and Correa Counselor.

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Strategic litigation. Women’s ally

Decalogue of sorority in the legal field

“As women, we must stand up for ourselves. We must defend each other. We must defend justice for all.” –Michelle Obama

Understanding that sisterhood is the relationship of solidarity between women, especially in the fight for their empowerment, from a practical and application point of view, it is difficult to determine which are the most effective practices and with the greatest impact that we can implement to achieve support. to other women in this fight for empowerment.

For this reason, and based on my personal experiences and that of some other legal professionals, below are some recommended practices to encourage the practice of sisterhood effectively among legal professionals.

1. Don’t judge and honor other women’s stories.
On many occasions we tend to judge and/or minimize the experiences of other women, and each woman has a story that has led her to be what she is, it is an accumulation of experiences that has resulted in the forging of character. By honoring her stories, we learn from experiences that enrich our own perspective; while by not judging we create an environment of trust, in which the support network will be genuine and free of prejudice. Even though we are all women, and we have all been discriminated against; We have not been in the same way since the intersectionality that certain attributes give us such as privilege, absence of it, social class, sexual preference, ethnicity, age, among others, greatly differentiate the experiences between one and the other.

2. Avoid toxic criticism of another woman.
This does not mean always agreeing with another woman, however, we must avoid falling into toxic criticism that is versed in gender prejudices. Carrying out objective and constructive criticism, which provides learning and improvements to another woman, is very different; to fall into the use of appellations to the personality of this one of hers. And, while it is true that women are not perfect, it is also true that we are judged by a much more demanding standard than men. A direct woman can be classified as “bossy”, while a direct man is classified as a “leader”. Using adjectives like “crazy”, “bitch”, “angry” or even referring to a woman’s menstrual cycle, physique or sexual life adds toxicity to any criticism.

3. Stop gossiping about another woman.
Being a professional woman is very difficult, and even though the tendency is not to care about “what people will say”, in the working world it is very common to hear gossip about women; about their love life or choice of partner, their conditions as a mother, or if they are conflictive or problematic people. By sharing and/or spreading gossip, we discredit women’s professional achievements; We question progress very harshly, we give moral weight to attitudes that should not be anyone’s business. If you hear gossip about another woman (even if it is true), it is best to avoid promoting it and put an end to it.

4. Adopt a mentee.
Starting a professional life and cultivating it is very complicated, no matter what phase and/or stage of your professional life you are in, your experiences can serve as a guide for younger women. Helping future generations to solve problems and have greater professional visibility will contribute to reducing the gender gap. Any advice, teaching and/or support for another woman will help her grow professionally and be able to clearly outline a career plan that not only projects work achievements, but also achieves a balance between personal and professional life that also promotes her comprehensive development. as a woman.

5. Educate yourself, learn and unlearn.
Even though we are aware of the historical reality of discrimination against women due to gender, it is important to recognize that we do not have the absolute truth; in many cases intersectionality and privilege cloud our judgment, adding to the fact that it updates reality. and it exceeds our basic knowledge, which is why it is the responsibility of each and every one of us to continually educate ourselves, learn and update ourselves on gender issues, and unlearn behaviors imposed by the patriarchal society in which we have been educated.

6. Share and celebrate the achievements of other women.
When we recognize, share and celebrate the achievements of other women, we are celebrating ourselves. We are recognizing and celebrating the progress in the professional world that we are making as a gender. Avoiding toxic competition and envy is vital and necessary, with the understanding that the triumph of one does not mean the failure of the other. In order to achieve a gender-equal society, break cement and glass ceilings, eliminate the wage gap, among others, it is necessary to have representation in decision-making bodies. The representation of women is key to continuing their professional development; celebrating achievements is the first step towards an equal society. The triumph of one must be the triumph of all.

7. Zero tolerance for sexual harassment and harassment.
Justifying sexual harassment towards another woman is simply unacceptable. One of the main obstacles at work that we have as a gender is sexual harassment and harassment. By believing the victim, not questioning them, and supporting the creation of zero-tolerance policies and processes for sexual harassment and harassment in the workplace, we are creating a safe work environment for everyone.

8. Listen and be empathetic with other women.
As human beings we react differently to the various events in our lives. If a woman wants your advice, she wants your support or she just wants to vent to you, listen to her and be empathetic. Empathy is a quality that allows positive coexistence, improves social skills, develops relationships with other people and generates an environment of trust and complicity that will help us better understand other women. Listening to another woman allows you to avoid frustrations and give a new perspective to the resolution of both work and personal conflicts.

9. Give opportunities to other women.
Our duty as women is to promote the development of equal opportunities for other women. This doesn’t just mean hiring women, and stopping working with men; but rather opening the door for women to develop in areas that make them more competitive in the work environment. To not only look for capable women, but to trust, collaborate and promote positive actions through which gender equality is achieved.

10. Promote feminism, sisterhood and an egalitarian environment.
Prepare articles, columns, actively participate in the creation of diversity and inclusion policies, go to marches, share content on social networks, and in general, promote feminism and sisterhood among women, stop and raise our voices against misogynistic jokes, demand Due respect for oneself and others are first steps that will result in having more and better tools that are necessary for the creation of an egalitarian environment.

Due Diligence |  Lawgic Innovation in Legal Education

By Mónica Paulina Mora Ávila, associate Basham, Ringe y Correa.

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Mexico | The decree that modifies the Securities Market Law and Investment Funds Law is published in the Official Gazette

Around the end of 2023, the decree that reforms, repeals and adds various provisions of the Securities Market Law and the Investment Funds Law was published in the Official Gazette of the Federation, which came into force on the 29th. December 2023.

To read more about these modifications, please consult the following links:

INITIATIVE WITH DRAFT DECREE BY WHICH ARE REFORMED, REPEALED AND ADDED VARIOUS PROVISIONS OF THE STOCK MARKET LAW AND THE INVESTMENT FUND LAW – BASHAM

CHAMBER OF DEPUTIES APPROVES BY UNANIMOUS VOTES THE DRAFT DECREE WHICH REFORMS, REPEALS AND ADDS VARIOUS PROVISIONS TO THE STOCK MARKET LAW AND INVESTMENT FUND LAW. – BASHAM

In summary, these modifications will benefit the Mexican economy by facilitating the active participation of individuals and small and medium-sized companies (SMEs) in the stock market and various investment funds in a safe manner. The introduction of new forms of investment, such as hedge funds, is expected to contribute positively to the Mexican Stock Market.

It is important to highlight that the CNBV must issue the general provisions mentioned in the decree, placing special emphasis on the changes made to both laws. We will be attentive to these publications to delve deeper into this topic.

The lawyers in the Banking and Finance area are at your service to resolve any questions regarding the above.

For more information contact:

Juan José López de Silanes | Partner Basham, Ringe and Correa | lopez_de_silanes@basham.com.mx

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Mexico | The SAT announces its Inspection and Collection Program for 2024

With the intention of monitoring correct compliance with tax and customs obligations, the Tax Administration Service (“SAT”) released its Master Plan for the year 2024.

The Master Plan strategy is focused on 3 main axes: taxpayer service, collection and inspection.

For the collection and inspection strategy, during this year, the SAT will concentrate its reviews on the following economic sectors:

On the other hand, the concepts and behaviors of special interest to the tax-customs authority will deal with the following:

  • Use of private pension plans, similar, subcontracting and RESICO;
  • Improper application of balances in favor, VAT rate 0%, non-object VAT and import VAT;
  • Corporate restructuring and tax effects in spin-offs, mergers and international restructurings;
  • Disposals of shares and intangibles;
  • Review of partners and shareholders in operations associated with restructuring;
  • Fiscal losses and incentives, as well as REFIPRES;
  • Foreign trade operations and anti-smuggling operations;
  • Misuse of treaty benefits and origin verification;
  • IEPS Accreditation;
  • Non-compliance with IMMEX Programs, temporary imports and import permits;
  • Undervaluation based on incorrect customs valuation, tariff classification and inconsistent declarations in the petitions;
  • Financing, capitalization of liabilities and distribution of profits;
  • Trusts and credit intermediation companies;
    Volumetric controls; and
  • Technological, commerce and electronic collection platforms.

The SAT will implement various activities, among which the following stand out:

  • Strengthen attention to taxpayers.
  • Guide and accompany debtors of tax credits for the regularization of their debts and the voluntary and timely compliance with their tax obligations.
  • Apply benefits in cases of self-correction due to audits.
    Improvements in declarations.
  • Use of artificial intelligence for better planning in collection processes, with the purpose of reviewing certain items, among which are: outsourcing of payroll payments, inappropriate applications of balances in favor of VAT, foreign trade taxes, among others .

Finally, to avoid bad fiscal practices, the authority will carry out collection and inspection actions aimed at combating irregularities in tax and customs matters, such as:

  • Targeting taxpayers with tax credits due to collection potential.
  • Strengthening “persuasive” actions for the collection of tax credits.
  • Increase in collection actions for taxpayers with unsecured tax debts.
  • Coordination with Federal Entities to increase audits, operations, inspection and collection of tax debts.
  • Restriction of digital seal certificates to taxpayers with simulated operations.
  • Monitoring of taxpayers who do not comply with the deadlines in the payment of their tax obligations.
  • Derived from the above, it is clear that through the Master Plan for fiscal year 2024, the tax authorities seek to continue increasing collection efficiency through inspection and management actions; focusing this year on certain specific industries, concepts and behaviors.

For more information contact:

Juan José López de Silanes | Partner Basham, Ringe and Correa | lopez_de_silanes@basham.com.mx

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Mexico | Federal Cybersecurity Law

Mexico | Federal Cybersecurity Law

The “Federal Cybersecurity Law” initiative presented by deputy Javier Joaquín López Casarín in April 2023, proposes the creation of a legal and operational framework for new cybersecurity authorities and the definition of crimes, homologated with those provided for in the Budapest Convention .

The Budapest Convention of the Council of Europe of 2001 aims to establish an international legal framework for cooperation on cybercrime. Mexico only has the status of observer country, since it has not ratified the Convention. The States Parties must implement two specific issues: i) Classification of crimes related to cybersecurity and ii) Give the competent authorities tools and powers to investigate and punish the commission of these crimes.

In this sense, the bill proposes the creation of new crimes and institutions such as the “National Cybersecurity Agency” and a prosecutor’s office specialized in cybercrimes. In addition, it grants powers in cybersecurity to the Secretariat of National Defense and the Secretariat of the Navy, and proposes the appointment of judges specialized in this area.

The bill also establishes obligations for individuals, among others, the notification of cybersecurity incidents, the presence of a legal representative in Mexico, and creating response units for cybersecurity incidents.

This initiative is currently in the Chamber of Deputies in the United Commissions on Citizen Security, and Science, Technology and Innovation for an opinion. Therefore, if a favorable opinion is obtained, it could be discussed in the Chamber of Deputies in the current period of sessions that runs from September 1 to December 15. Likewise, civil society and private industry have expressed concerns about the possible human rights violations that its implementation could generate. The proposed law would substantially modify the legal framework for authorities and private individuals, so its discussion must be closely followed. The information technology and data protection area is at your service.

For more information contact:

Juan José López de Silanes  | Partner Basham, Ringe and Correa | lopez_de_silanes@basham.com.mx

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