29 PERSONAL LIBERTY)56, 8 (RIGHT TO A FAIR TRIAL)57 19 (RIGHTS OF THE CHILD)58 and 25 (RIGHT TO JUDICIAL PROTECTION)59 IN RELATION TO ARTICLES 1(1) (OBLIGATION TO RESPECT RIGHTS)60 AND 2 (DOMESTIC LEGAL EFFECTS)61 OF THE AMERICAN CONVENTION, AND ARTICLE 7 OF THE CONVENTION OF BELÉM DO PARÁ62 109. 55 56 57 The Commission asked the Court to declare that the State had failed to comply Article 5 of the Convention establishes: 1. Every person has the right to have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. […] Article 7 of the Convention stipulates: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. […] Article 8(1) of the Convention establishes that: Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. […] 58 Article 19 of the Convention establishes: Every minor child has the right to the measures of protection required by his condition as a minor on the part of his family, society, and the State. 59 Article 25(1) of the Convention indicates that: Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 60 Article 1(1) of the Convention establishes: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 61 Article 2 of the Convention states: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 62 Article 7 of the Convention of Belém do Pará stipulates: The States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate such violence and undertake to: […] (b) apply due diligence to prevent, investigate and impose penalties for violence against women; (c) include in their domestic legislation penal, civil, administrative and any other type of provisions that may be needed to prevent, punish and eradicate violence against women and to adopt appropriate administrative measures where necessary; […]

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