sexuality269 and reinforced the gender stereotypes 270 contained in the investigations, thus
exposing Márcia Barbosa’s family to revictimization and causing them additional distress.
161. Finally, the Court recalls that, despite the existence of a first instance conviction against
Mr. Pereira de Lima for the murder of Márcia Barbosa de Souza, the Legislative Assembly of
the state of Paraíba deemed it appropriate to pay tribute to the former deputy, so that his body
was laid to rest in the Salón Noble of the Assembly and official mourning was decreed for three
days (supra para. 81). In this regard, the Court considers that this event also had a serious
impact on the personal integrity of Ms. Barbosa de Souza's next of kin, having caused them
great suffering.
162. In light of the foregoing considerations, the Court concludes that the State violated the
right to personal integrity recognized in Article 5(1) of the American Convention, in relation to
Article 1(1) of the same instrument, to the detriment of Mrs. M.B.S. and Mr. S.R.S.
IX
REPARATIONS
163. Based on the provisions of Article 63(1) of the American Convention, the Court has
indicated that any violation of an international obligation that has produced harm entails the
obligation to make adequate reparation, and that this provision reflects a customary norm that
constitutes one of the fundamental principles of contemporary international law on State
responsibility.271
164. Reparation for the harm caused by the breach of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which consists of reestablishing the
situation prior to the violation. If this is not feasible, as occurs in the majority of cases of
human rights violations, the Court may order measures to protect the violated rights and repair
the harm caused by the violations.272 In this regard, the Court has considered the need to
provide different types of reparation so as to fully redress the damage; therefore, in addition
to pecuniary compensation, other measures such as satisfaction, restitution, rehabilitation, and
guarantees of non-repetition have special relevance due to the harm caused. 273
165. This Court has also established that the reparations must have a causal nexus with the
facts of the case, the violations declared, the damage proven, and the measures requested to
redress the respective harm. Therefore, the Court must analyze the concurrence of these
factors in order to rule appropriately and according to the law.274 The Court likewise considers
that reparations should include an analysis not only of the right of the victims to obtain
reparation, but one that also incorporates a gender perspective, both in its formulation and in
269
10342).
Cf. Psychosocial expert opinion of Gilberta Santos Soares rendered by affidavit, supra (evidence file, folio
The various newspaper articles created an image of Márcia as a young, “poor” “drug addicted” woman from
a small town in the interior of Paraíba who wished to “meet influential politicians” and thus became involved with a
“rich and powerful man” and met a “tragic end.” Cf. Psychosocial expert opinion of Gilberta Santos Soares rendered
by affidavit, supra (evidence file, folio 10342).
271
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C
No. 7, paras. 24 and 25, and Case of Garzón Guzmán et al. v. Ecuador, supra, para. 95.
272
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 and 26, and Case of
Garzón Guzmán et al. v. Ecuador, supra, para. 95.
273
Cf. Case of the Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of November 24, 2009. Series C No. 211, para. 226, and Case of Ríos Avalos et al. v. Paraguay, supra,
para. 179.
274
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of Ríos Avalos et al. v. Paraguay, supra, para. 179.
270
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