the pattern of violence against women, the absence of a general policy constitutes a violation
of the general duty under the obligation of prevention.58 Meanwhile, in the case of Veliz Franco
et al. v. Guatemala, it recognized previous actions taken by the State in relation to the
problem of the context.59 I consider that these considerations should be taken into particular
consideration in the analysis and conclusions of the case sub judice (which gives rise to this
separate opinion), when examining the “first moment” of the State’s obligation of prevention,
as will be seen in the following section.
III. THE “OBLIGATION OF PREVENTION” IN THE CASE OF VELÁSQUEZ PAIZ ET AL. V.
GUATEMALA (2015)
32.
The facts of the case relate to the disappearance, abuse and death of Claudina
Velásquez Paiz in 2005, as well as the failure of the State to act diligently and the
inconsistencies in the subsequent investigation of the facts, a situation which took place in a
“context” of an escalation of violence against women60 that the State was already aware of
and the Court had examined in case of Veliz Franco et al. v. Guatemala, decided in 2014.
33.
In general, it is worth mentioning that, as can be seen throughout the judgment, given
that the facts of this specific case bear a sequential relationship to the facts of the case of
Veliz Franco et al. v. Guatemala, the Court’s considerations in that case were constantly cited
in this judgment, especially with regard to the establishment of a “context” of an escalation
of violence against women.
34.
I consider that this “context” is of fundamental importance for the analysis of the State
obligation of prevention, particularly when examining the “first moment”; in other words, the
general obligation to prevent the disappearance and murder of women. That is why I consider
it essential to emphasize the significance of the context of this case, and then to examine in
greater detail the State’s duty to guarantee rights by means of the obligation of prevention,
which will be examined using the criterion of the “two moments” of this obligation, already
used by the Court in the two cases of violence against women highlighted in the preceding
section.
III.1 The context of violence against women in Guatemala
35.
The context represents a useful and necessary tool for understanding the specific facts
of the case and determining the responsibility of the State. It should be mentioned that, when
establishing the context of this case, various aspects of the context found in the case of Veliz
Franco et al. v. Guatemala were referred to as a result of the sequential relationship between
the two cases.61 In this regard, the present judgment referred back to the context in which
the facts of the case of Veliz Franco et al. occurred, indicating that, starting in December
2001, there was a “context of an escalation of homicidal violence against women in
Guatemala” that the State was aware of;62 it also referred back to the figures for the murder
of women in subsequent years up until 2004,63 data that was supplemented by the figures
I/A Court HR, Case of González et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits, reparations
and costs. Judgment of November 16, 2009. Series C No. 205, para. 282.
59
I/A Court HR, Case of Veliz Franco et al. v. Guatemala. Preliminary objections, merits, reparations and costs.
Judgment of May 19, 2014. Series C No. 277, para. 139.
60
Paras. 45 to 48 of the judgment.
61
Paras. 45 and ff.
62
Paras. 45 of the judgment. Citing: I/A Court HR, Case of Veliz Franco et al. v. Guatemala. Preliminary
objections, merits, reparations and costs. Judgment of May 19, 2014. Series C No. 277, paras. 73, 81 and 152.
63
Paras. 46 of the judgment. Citing: I/A Court HR, Case of Veliz Franco et al. v. Guatemala. Preliminary
objections, merits, reparations and costs. Judgment of May 19, 2014. Series C No. 277, para. 76.
58
10