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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