87
278. In light of the relationship between violence and discrimination, the Commission noted that
“the failure to punish an act of violence against women may also constitute a form of discrimination.”
Accordingly, the Commission argued that, “given that non-consensual sterilization is a form of
violence against women, the State should have acted with due diligence to investigate and punish
those responsible for it.” However, in this case, “no punishment was ordered against those
responsible for the non-consensual sterilization performed on I.V.” Consequently, the Commission
considered that “the lack of punishment in this case constitutes a violation of the obligations
established in Article 7(b) of the Convention of Belém do Pará and, at the same time, a form of
discrimination against I.V.” It also considered “that the numerous delays and instances of negligence
attributable to the Judiciary during the criminal proceedings regarding the sterilization performed on
I.V., which resulted in the extinction of the criminal action, violated the obligations established in
paragraphs (f) and (g) of the said Article 7 of the Convention of Belém do Pará.” On this basis, the
Commission concluded “that, in this matter, the State violated the duty to refrain from any practice
or act of violence against women, thereby contravening the obligations established in Article 7 of the
Convention of Belém do Pará, and failed to abide by its duty to act with the necessary due diligence
to punish these kinds of acts.”
279. The representative agreed with the legal grounds and conclusions set forth by the
Commission in its Merits Report in relation to the violation of Article 7 (a, b, c, f and g) of the
Convention of Belém do Pará.
280. With regard to the obligation to act with due diligence to prevent, investigate and punish
violence against women, the State indicated that it had “acted with due diligence to prevent,
investigate and punish the presumed violence against I.V., because she had been able to have
recourse to the corresponding instances to assert her right” and it had “complied with its obligations
established in Article 7(b) of the Convention, because in light of treaty-based law, the State had not
promoted or consented to any type of violence against I.V.”
281. Regarding the obligation to establish fair and effective legal procedures for women who have
been subjected to violence, which include measures of protection, a prompt trial, and effective access
to such proceedings and also to establish the necessary administrative and judicial mechanisms to
ensure that a woman who has been the subject of violence has effective access to redress, reparation
of the harm, or other just and effective measures of compensation, the State observed that “using
the appropriate remedies, at both the administrative and the judicial level, I.V. was able to assert
her claims in accordance with the legal framework in force and, although the result was not favorable
to her, this does not mean that the State had not provided adequate and effective remedies for her
protection; to the contrary, I.V. was provided with both ordinary and special remedies that she failed
to file or exhaust.” Based on these considerations, the State concluded that it was not responsible
for the alleged violation of Article 7 of the Convention of Belém do Pará, because it had complied with
its treaty-based obligations to protect women and, in particular, to ensure that I.V. had full access
to justice.
A.3
Arguments on discrimination in access to justice
282. The Commission reiterated that “States have a duty to guarantee appropriate access to
justice for women when any of their human rights are violated, including those relating to their sexual
and reproductive health. There are two dimensions associated with this duty. The first is criminal
sanctions when acts occur that may constitute a form of violence against women. […] A second
dimension has to do with the need to address the causes and systemic flaws that gave rise to the
human rights violation under review. The impunity of violations of women's rights – including their
sexual and reproductive rights – constitutes a form of discrimination against them and undermines the
obligation not to discriminate included in Article 1(1) of the American Convention.” Consequently, in
this case, the Commission argued that “the denial of justice for I.V. derived from procedural