186. The Court recalls that the State must prevent the occurrence of human rights violations
such as those described in this case and, therefore, must adopt all pertinent legal,
administrative or other types of measures to that effect.285
187. The Court positively values the regulatory advances made by the State after the facts
of this case. In particular, the aforementioned Maria da Penha Law, which constitutes an
important international reference in preventing and combating violence against women, and
the Femicide Law, designed to make homicides committed against women because of their
gender more visible and to send a message regarding the special gravity of this crime. It is
also worth mentioning the amendments to the Brazilian Criminal Code introduced by Law
11.106/2005, which exclude from the legal framework discriminatory terms and expressions
in relation to women, among other measures.
188. Likewise, the Court appreciates the fact that there are currently various programs,
projects and initiatives in Brazil aimed at combating violence and discrimination against
women. In this regard, in 2003, the Special Secretariat of Policies for Women was created, a
thematic body linked to the Presidency of the Republic, which is responsible for the
coordination, design and implementation of policies for women at the federal level. In addition,
in 2006, the National Policy for Combating Violence against Women was introduced, which
included comprehensive measures for the prevention, protection and punishment of violence
against women. In 2013, the “Mulher, Viver sem Violência”(“Women’s Program, living without
violence") was launched by the Secretariat for Women’s Policies, with the aim of consolidating
the intersectoral network of specialized services and mainstreaming the national policy.
189. However, according to the limited official and non-official data available (supra para.
47), and based on the expert opinions of Wânia Pasinato, Carmen Hein and Soraia Mendes,
women in Brazil, especially Afrodescendant and poor women, continue to be immersed in a
context of discrimination and structural violence.286 The Court will take this into account when
determining the guarantees of non-repetition in this case.
E.1
Statistics on gender violence
190. Based on the context in which the facts of this case are framed, as early as 2006, the
precariousness of national statistical data on violence against women was noted.287 Fourteen
years later, the expert witness Carmen Hein reaffirmed this view when she stated that “there
is no national system of records on femicides that is comparable and allows for the analysis
and cross-checking of data for a diagnosis of the deaths of women and the development of
effective public policies.”288
Cf. Case of Suárez Rosero v. Ecuador. Merits, supra, para. 106, Case of Workers of the Fireworks Factory in
Santo Antônio de Jesus and their Families v. Brazil, supra, para. 285.
286
Cf. Expert opinion of Carmen Hein provided at the public hearing held on February 3 and 4, 2021, before the
Court; Expert opinion of Wânia Pasinato rendered by affidavit on January 12, 2021, and expert opinion rendered by
Soraia da Rosa Mendes, supra.
287
Cf. PERES, Andréia (Coord.). O Progresso das Mulheres no Brasil. (Women’s Progress in Brazil) UNIFEM, Ford
Foundation,
CEPIA:
Brasilia.
2006,
p.
260.
Available
at:
http://www.mpsp.mp.br/portal/page/portal/Cartilhas/Progresso%20das%20Mulheres%20no%20Brazil.pdf.
288
Cf. Expert opinion presented by Carmen Hein in Public hearing held on February 3 and 4, 2021, before the
Inter-American Court. In addition, the expert witness Wânia Pasinato stated that: “the absence of accessible, reliable,
national data, disaggregated by sex, race /color and age is an obstacle for the Brazilian State to develop and implement
adequate public policies compatible with the seriousness of the violation of women's rights. Obtaining quality data and
statistics helps to measure the seriousness of violence in women's lives, but also to measure and evaluate the social
and economic costs and their impact on the lives of women, future generations, society and governments. Cf. Expert
opinion of Wânia Pasinato rendered by affidavit, supra (evidence file, folio 10320).
285
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