What is the “Ley Alina”?
The “Ley Alina” is a legislative initiative that reforms local penal codes in Baja California and Tamaulipas to protect women who, facing gender-based violence, defend themselves against their aggressors. If a woman is exposed to physical, sexual, or femicidal violence and responds with self-defense, the presumption of legitimate defense will be respected, except when proven otherwise.
Origins of the “Ley Alina”
The “Ley Alina” was inspired by the case of Alina Narciso, a municipal police officer from Tijuana, Baja California. In December 2019, Narciso shot and killed Rodrigo “N,” her abusive ex-partner and fellow police officer, in an attempt to defend herself from a lethal attack. Initially sentenced to 45 years in prison for homicide, Narciso was eventually absolved and released after three years when her act of self-defense was recognized.
This case, along with others like it, highlights the systemic violence against women perpetuated by patriarcal structures. In response, Liliana Sánchez Allende, a Morena representative in Baja California, and Magaly Deandar Robinson, a Morena representative in Tamaulipas, proposed the “Ley Alina” to amend the Baja California Penal Code and the “Law of Access of Women to a Life Free of Violence” to acknowledge legitimate self-defense in gender violence contexts.
Misconceptions about the “Ley Alina”
The recently approved reforms in Baja California and Tamaulipas have sparked debate among the public, with some users on social media and influencers claiming that the “Ley Alina” grants women a “license to kill.” However, this notion is based on misinformation.
Legitimate defense is already recognized in Mexican laws as a justification for individuals to act in self-defense or defense of others without facing penal responsibility, provided there is an actual, ongoing, and unjustified attack, and the response is proportionate to the threat faced.
The “Ley Alina” aims to ensure that judicial authorities (prosecutors and judges) apply a gender perspective throughout the criminal process. The goal is to acknowledge violence against women and girls in these contexts and guarantee survivors access to their rights.
Key Questions and Answers
- What is the “Ley Alina”? The “Ley Alina” is a legislative initiative that reforms local penal codes in Baja California and Tamaulipas to protect women who defend themselves against gender-based violence.
- Who inspired the “Ley Alina”? The initiative was inspired by the case of Alina Narciso, a municipal police officer from Tijuana who was abused by her ex-partner, also a police officer. After defending herself in a lethal attack, Narciso was initially sentenced to 45 years in prison but was eventually absolved and released.
- What does the “Ley Alina” change? The reforms obligate judicial authorities to apply a gender perspective throughout the criminal process, acknowledging violence against women and girls in self-defense contexts and ensuring survivors’ access to their rights.
- Is the “Ley Alina” a “license to kill”? No, legitimate defense is already recognized in Mexican laws. The “Ley Alina” aims to ensure judicial authorities apply a gender perspective in criminal processes, not to grant women a “license to kill.”
The approval of these reforms in Baja California and Tamaulipas has been celebrated by collectives and activists, who hope other states will join the discussion to adopt the “Ley Alina”.
