On it rests the entire legal framework of the national and international public order, and it permeates all legal
systems.156
149.
The principle of equal protection and nondiscrimination should be understood in the sense of
incorporating two concepts: “(...) a negative concept related to the prohibition of arbitrary differentiation of
treatment, and an affirmative concept related to the obligation of States Party to create real equal conditions
toward groups who have been historically excluded or who are exposed to a greater risk of being
discriminated.”157
150.
Article 7 of the Convention of Belem do Pará requires States to apply due diligence to prevent,
investigate, and impose penalties for violence against women. Article 6(b) of the Convention includes the right
of women to live lives free of violence and be valued and educated free of stereotyped patterns of behavior and
social and cultural practices based on concepts of inferiority or subordination. Thus, the State obligations
derived from Article 7 of the Convention of Belem do Pará must be read in the sense of including these types of
situations in the concept of violence against women, and therefore, the obligations derived from that article are
applicable to situations of prejudice and discriminatory stereotypes. Specifically, both the IACHR and the InterAmerican Court have addressed the negative impacts of stereotypes in the framework of criminal
investigations and underscored that they violate the duty of nondiscrimination.
151.
Regarding the concept of gender stereotypes, the Inter-American Court has stated that “(...)
gender stereotyping refers to a preconception of personal attributes, characteristics or roles that correspond
or should correspond to either men or women. (...) 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 (...).158
152.
Both the IACHR and the Inter-American Court have identified a series of negative impacts that
stereotypes and gender stereotypes can have in the framework of criminal investigations summarized as
follows: (i) improper assessment of evidence that is based on ideas that generalize social behavior and roles;
(ii) the closure of potential lines of investigation into circumstances of the case and identification of the
perpetrators; 159 (iii) the lack of exhaustive analysis of the scene of a crime and failures in the collection,
documentation, and preservation of evidence, as well as irregularities in forensic medical examinations;
(iv) failure to take investigative steps as a result of judgments regarding the social behavior of men and
women;160 (v) tacit assumptions that women are responsible for the facts because of the way they dress, their
jobs, their sexual behavior, etc.,161 or convictions based on negative stereotypes of certain groups that invite
attribution of criminal responsibility.162
153.
For its part, the Court has also addressed the concept of the intersectionality of discrimination,
meaning a simultaneous intersection or concurrence of multiple causes of discrimination that, as a result of
interaction and synergy, produces a specific form of discrimination with combined effects that transform the
Inter-American Court. Case of Flor Freire v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment dated August 31,
2016. Series C No. 315. Para. 109.
157 Inter-American Court. Case of Furlan and relatives v. Argentina. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
August 31, 2012. Series C No. 246. Para. 267.
158 Inter-American Court. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment
of November 16, 2009. Series C No. 205, para. 401.
159 IACHR Report No. 13/15, Case 12.349, Admissibility and Merits, Mayra Angelina Gutiérrez Hernández and family, Guatemala, March 23,
2015, para. 157; Inter-American Court, Case of Veliz Franco et al. vs. Guatemala. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of May 19, 2014. Series C No. 277, párr.213.
160 Inter-American Court, Case of Velásquez Paiz et al. v. Guatemala. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 19, 2015. Series C No. 307, párr.191
161 IACHR, Access to Justice for Women who are Victims of Violence in the Americas. OEA/SER.L/V/II. Doc. 68. January 20, 2007, para. 155.
162 Inter-American Court. Norín Catrimán et al. (Leaders, Members and Activist of the Mapuche Indigenous People) v. Chile Merits,
Reparations, and Costs. Judgment of May 29, 2014. Series C No. 279, párr.223.
156
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