99
The influence exerted by discriminatory socio-cultural patterns may cause a victim’s
credibility to be questioned in cases involving violence, or lead to a tacit assumption that she
is somehow to blame for what happened, whether because of her manner of dress, her
occupation, her sexual conduct, relationship or kinship to the assailant and so on. The result
is that prosecutors, police and judges fail to take action on complaints of violence. These
biased discriminatory patterns can also exert a negative influence on the investigation of
such cases and the subsequent weighing of the evidence, where stereotypes about how
women should conduct themselves in interpersonal relations can become a factor.415
401. Similarly, the Tribunal finds that gender stereotyping refers to a preconception
of personal attributes, characteristics or roles that correspond or should correspond to
either men or women. Bearing in mind the statements made by the State (supra para.
398), the subordination of women can be associated with practices based on persistent
socially-dominant gender stereotypes, a situation that is exacerbated when the
stereotypes are reflected, implicitly or explicitly, in policies and practices and,
particularly, in the reasoning and language of the judicial police authorities, as in this
case. The creation and use of stereotypes becomes one of the causes and
consequences of gender-based violence against women.
402. The Court therefore finds that, in the instant case, the violence against women
constituted a form of discrimination, and declares that the State violated the obligation
not to discriminate contained in Article 1(1) of the Convention, in relation to the
obligation to guarantee the rights embodied in Articles 4(1), 5(1), 5(2) and 7(1) of the
American Convention to the detriment of Laura Berenice Ramos Monárrez, Esmeralda
Herrera Monreal and Claudia Ivette González; as well as in relation to the access to
justice established in Articles 8(1) and 25(1) of the Convention, to the detriment of the
victims’ next of kin identified in paragraph 9 supra.
5.
The rights of girls, Article 19 of the American Convention
403. The Commission alleged that the State’s “duty to protect the human rights of
Laura Berenice Ramos and Esmeralda Herrera Monreal was enhanced, for two reasons:
their condition as minors, and the obligation to adopt special measures of protection,
prevention and guarantee.” However, according to the Commission, “[n]ot only did the
state agencies charged with enforcing the law fail to act to prevent acts such as those
herein described, and to identify and punish those responsible, but those state
agencies specifically charged with the protection of children did not intervene in any
way, either to prevent these facts, or to propose some kind of solution for the case.”
404. According to the representatives, Esmeralda Herrera and Laura Berenice Ramos
“were murdered eight years after the first murders of girls and women in Ciudad
Juárez were recorded. The State had the obligation to adopt special measures of
protection to ensure their life, liberty and personal integrity.” They indicated that the
State “had failed to adopt measures to prevent violence in the community and to
guarantee full enjoyment of the fundamental rights of the child.”
405. The State affirmed that it “complies with its obligation to protect children by
adopting measures that correspond to their special situation of vulnerability.” It also
maintained that it had not incurred in international responsibility because “state agents
had not participated directly in the murders […], and it had not been proved that the
fact that the victims were minors had been a relevant factor”; also, because it has
implemented “special measures to ensure the full exercise of the rights of the child.”
415
IACHR, Access to justice for women victims of violence in the Americas, OEA/Ser.L/V/II. Doc. 68,
January 20, 2007 (case file of attachments to the application, volume VII, attachment 2, folio 1822).
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