TEPJF rules out political gender violence against Delfina Gómez in a journalistic column and social networks

In line with a resolution of last December, the Superior Chamber of the Electoral Tribunal of the Federal Judiciary (TEPJF) ruled out gender-based political violence to the detriment of Delfina Gómez Álvarez in an opinion column and on social networks.

On December 31, 2022, without summoning a public session and by unanimous vote, the Superior Chamber of the Electoral Tribunal determined that, based on a preliminary analysis, the necessary elements were not accredited for an opinion column to constitute political violence of gender, against the senator and virtual candidate of Morena for the government of the State of Mexico, Delfina Gomez Alvarez.

This decision derives from a complaint filed by various federal deputies from Morena and Delfina Gómez Álvarez, against Twitter posts and opinion columns in which her actions were criticized when she was mayor of Texcoco, State of Mexico.

The Electoral Institute of the State of Mexico determined that the precautionary measures were inadmissible, however, the Electoral Tribunal of that entity considered that the denounced publications had signs of political gender violence and ordered the Institute to issue the requested measures.

The Institute ordered the denounced persons to withdraw the publications, as well as to refrain from disseminating similar ones.

The Superior Chamber, at the proposal of the presiding magistrate, Reyes Rodríguez Mondragón, revoked the sentence of the local court and the agreement of precautionary measures Issued in compliance, with respect to the plaintiff’s opinion column.

The TEPJF indicated that the local court omitted to analyze in a particular way the content of the denounced publications and messages, to verify if they contained elements of political gender violence against Delfina Gomez. On the contrary, the local court jointly analyzed the denounced publications and considered that they all had the purpose of offending and affecting the political-electoral rights of Delfina Gómez.

Therefore, based on an analysis in full jurisdiction of the opinion column of the petitioner, the Superior Chamber determined that the gender political violence against Gómez Álvarez is not updated, therefore the adoption of precautionary measures is not justified.

The foregoing by virtue of the fact that the column in question alludes to the management of Delfina Gómez as municipal president of the Texcoco city council, in reference to a sentence of the Superior Chamber on a scheme of salary withholding of city officials, with the purpose of divert them for electoral purposes.

“Therefore, although the column contains severe criticism of her career as a public official and towards Morena, they are not based on her condition as a woman nor do they refer to gender elements or stereotypes. Hence, the restrictions that would limit the petitioner’s freedom of expression are not updated and, therefore, the issuance of the measures is not justified, ”said the TEPJF.

On December 1, the same Electoral Tribunal of the Federal Judiciary declared non-existent Political Gender Violence by Denise Dresser and the leader of the PAN, Marko Cortés, against Delfina Gómez, for the same situation.

jorge.monroy@eleconomista.mx