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within internal armed conflicts. This is precisely the case in Guatemala, in the case
under analysis.
In this context it is important to note an aspect of the Rome Statute created by the
International Criminal Court. It recognizes the practices that violate the human
rights of women that have historically occurred in situations of armed conflict or
disturbances (rape, sexual slavery, forced prostitution, forced pregnancy, forced
sterilization or other sexual abuses of comparable gravity) as part of the crimes of
genocide, crimes against humanity, and of war. And this aspect occurs in the case
of Las Dos Erres Massacre.
It is extremely important to apply the Convention of Belém do Pará in the case of
Las Dos Erres Massacre, since the former defines violence against women; it
recognizes women’s rights to life without violence and establishes that violence
against them is a violation of human rights, establishing this right both in the public
and the private realm.
It may be asserted that the application of the gender perspective enriches the
manner of looking at reality and acting on it, hence the need to mention it and
apply it in the case of Las Dos Erres. In terms of human rights, it allows, among
other things, to visualize the inequities construed artificially, socio-culturally, and to
better detect the specificity in the protection needed by those who suffer inequality
or discrimination. Thus, it offers large advantages and possibilities for the effective
protection of individuals and, concretely, of women.
The preamble of the Convention of Belém do Pará recognizes that “violence against
women is an offense to human dignity and a manifestation of the historically
unequal power relations between women and men.” The case of Las Dos Erres
shows that this inequality indeed exists; therefore it is important to apply it. I am
convinced that the Jurisprudence of the Inter-American Court of Human Rights
should continue to set precedents in this direction. The importance of recognizing
the specific violations of women’s human rights within the framework of the InterAmerican system lies in the development of specific standards to protect women
(Declaration and Plan of Action of Vienna 1993 and IV World Conference on Women
[Beijing, 1995 and others.])
This consideration should lead us to propose more concrete aspects in relation to
reparation measures, and, concretely, of non-repetition, for example: a) the State
of Guatemala must intensify and expand the existing actions to train officers,
particularly those in the National Civil Police and the Public Prosecutor’s Office, on
the causes, nature and consequences of gender violence; b) the State of Guatemala
must guarantee that the impact and consequences of acts of violence committed
against women during the internal armed conflict are adequately contemplated in
the National Compensation Plan (“Plan Nacional de Resarcimiento”); c) the State of
Guatemala must implement training programs on women’s rights and particularly
on the right to a life free of violence, geared toward personnel in the public force,
the army and public institutions; d) the State of Guatemala must implement all
measures of protection and prevention to guarantee women a life free of violence
and measures to avoid abuse and rape of women under federal, police, or military
custody, as a form of torture.
3. Access to information and the State Secrets in cases of grave human
rights violations: the judgment establishes in number 144 that “all authorities are
forced to collaborate in the gathering of proof and should therefore provide the
judge of the cause all information required and abstain from acts that imply
obstruction in the investigation process.” In this regard, it is important to refer
specifically to the obligation of the Guatemalan Army to deliver documents relating
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