18. On various occasions, the Commission has indicated that intersectionality specifically
affects the women of this region in relation to their economic, social and cultural rights.17
In this regard, the “Report on poverty and human rights in the Americas,” indicated that
“Women are affected by poverty to a greater extent and are at a particular disadvantage
in exercising their civil, political, economic, social, and cultural rights.”18 In its thematic
report on “Guidelines for preparation of progress indicators in the area of economic, social
and cultural rights,” the Commission recognized the immediate nature of the obligation not
to discriminate and to guarantee equality in the exercise of the economic, social and
cultural rights, and identified women as a population that had historically been
discriminated against and excluded from the exercise of those rights. “In mid-2014, there
were 612 million people living in Latin America, more than half of whom were women (310
million women and 302 million men). For that year it was estimated that ‘28.0% of the
region’s population lived in poverty and 12% in indigence.”19
19. In this regard, in this case, consideration of the context of the absolute prohibition
of abortion in El Salvador is also key for its analysis, particularly in situations in which there
is a context of discrimination and violence against women,20 because the intersectional
discrimination that Manuela suffered due to poverty and gender constituted a cascading
violation of rights. This pattern of intersectional and structural discrimination calls for
special attention to prevent, and to avoid in future, the lack of protection and the violation
of the rights of women who are already victims owing to the disproportionate impact
caused by their biological capacity to conceive (paragraph 254 of the judgment).
20. All these vulnerabilities acted together and, owing to their intersectionality, they
increased the special situation of helplessness in view of the State’s failure to comply with
its obligation to respect and, above all, to ensure the human rights of such individuals. In
this regard, paragraph 253 of the judgment describes the patterns of structural and
intersectional discrimination.
21. The Court has already referred to the existence of patterns of conduct in relation to
certain situations of vulnerability in the case of González et al. (“Cotton Field”) v. Mexico,21
in which it verified the existence of a systematic pattern of violence and discrimination
against women in Ciudad Juárez. The Inter-American Commission indicated the same in
its report on the case of María Da Penha.22
22. In general, the experience of women is not based on a single type of subordination;
rather, there is an interaction of various factors and systems of subordination as a result
of which this particular type of experience is not the same as that suffered based on just
one of the factors.
23. The existence of patterns of intersectional discrimination against poor women in
different parts of the region23 is a problem that requires special protection by the State. In
this case, Manuela was a member of a group in a special situation of vulnerability; the
Cf. IACHR, Guidelines for preparation of progress indicators in the area of economic, social and cultural
rights, OEA/Ser.L/V/II.132, July 19, 2008, para. 56 and ff.
17
18
Cf. IACHR, Report on poverty and human rights in the Americas, supra, para. 304.
19
Cf. IACHR, Report on poverty and human rights in the Americas, supra, para. 103.
Amicus Curiae submitted by Amnesty International and Juan E. Méndez in the case of Manuela and family
v. El Salvador.
20
Cf. Case of Gonzales et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits, reparations and costs.
Judgment of November 16, 2009. Series C No. 205, para. 132.
21
22
Cf. IACHR, Report No. 54/01. Case 12,051. Maria Da Penha Maia Fernandes. Brazil. April 16, 2001.
Cf. Committee for Latin America and the Caribbean for the Defense of Women's Rights (CLADEM), Patterns
of violence against women in Latin America and the Caribbean. Report presented by the UN Special Rapporteur
on violence against women, its causes and consequences, Rashida Manjoo, 2014.
23
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