24
Article 25 is closely linked to the general obligation in Article 1.1 of the American Convention, in
that it assigns duties of protection to the States Parties through their domestic legislation, from
which it is clear that the State has the obligation to design and embody in legislation an effective
72
recourse, and also to ensure the due application of said recourse by its judicial authorities. At
the same time, the State’s general duty to adapt its domestic law to the stipulations of said
Convention in order to guarantee the rights enshrined in it, established in Article 2, includes the
enactment of regulations and the development of practices that seek to achieve an effective
observation of the rights and liberties enshrined in it, as well as the adoption of measures to
suppress the regulations and practices of any nature that imply a violation to the guarantees
73
established in the Convention.
88.
The Court has also held that under the principle of non-discrimination recognized in
Article 1(1) of the American Convention, in order to ensure access to justice in the case of members of
at-risk groups, it is essential “that States offer effective protection that considers the particularities,
social and economic characteristics, as well as the situation of special vulnerability, customary law,
values, customs, and traditions.”74
89.
The IACHR has maintained that the lack of judicial guarantees and the lack of sensitivity
in justice operators regarding racial discrimination deepen the sense of resignation among discriminated
groups, and perpetuate segregation and exclusion patterns.75 The Inter-American Court has also made
reference to a lack of willingness to help, a lack of sensitivity and incompetence among civil servants in
conducting investigations and domestic juridical proceedings76 and has written that the use of abstract,
stereotyped and/or discriminatory arguments to justify court decisions constitutes discriminatory
treatment.77 Likewise, on the subject of gender stereotypes and access to justice, the I/A Court has
written that practices based on persistent, socially-dominant gender stereotypes are exacerbated when
the stereotypes are reflected, either implicitly or explicitly, in policies and practices and, particularly, in
the reasoning and language of the judicial police authorities.78
72
See, inter alia, I/A Court H.R. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment
of November 19, 1999. Series C No. 63, par. 237; Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Merits,
Reparations and Costs. Judgment of August 31, 2001. Series C No. 79, par. 135; Case of the Yakye Axa Indigenous Community v.
Paraguay. Merits, Reparations and Costs. Judgment of June 17, 2005. Series C No. 125, par. 99.
73
See, inter alia, I/A Court H.R. Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations and
Costs. Judgment of June 30, 2009. Series C No. 197, par. 60, citing the Case of Castillo Petruzzi et al. v. Peru. Merits, Reparations
and Costs. Judgment of May 30, 1999. Series C No. 52, par. 207.
74
See, inter alia, I/A Court H.R. Case of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of August 31, 2010. Series C No. 216, par. 184; Case of Fernández Ortega et al. v. Mexico. Preliminary
Objection, Merits, Reparations and Costs. Judgment of August 30, 2010. Series C No. 215, par. 200.
75
Cf. IACHR, The Situation of Persons of African Descent in the Americas, OEA/Ser.L/V/II., Doc. 62, December 5, 2011,
par. 139.
76
I/A Court H.R. Case of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 31, 2010. Series C No. 216, par. 181.
77
I/A Court H.R. Case of Atala Riffo and Daughters v. Chile. Merits, Reparations and Costs. Judgment of February 24,
2012. Series C No. 239, par. 146.
78
Cf. I/A Court H.R. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, par. 401.