42 “the obligation to prevent these degrading practices.”188 The IACHR also established that judicial ineffectiveness in cases involving violence against women creates a climate of impunity that invites violence and discrimination against women “since society sees no evidence of willingness by the State, as the representative of the society, to take effective action to sanction such acts.” 189 For its part, the Court has held that when crimes committed against women go unpunished, this “sends the message that violence against women is tolerated; this leads to their perpetuation, together with social acceptance of the phenomenon, the feeling women have that they are not safe, and their persistent mistrust in the system of administration of justice.”190 In Gonzáles et al. v. Mexico, the Court held that that violence against women is a form of discrimination and that the State violated its obligation not to discriminate in relation to the obligation to guarantee the victim’s rights, among them her right to access to justice.191 163. In this case, the IACHR notes that upon being informed of the disappearance the State authorities failed to act with due diligence to investigate the whereabouts and subsequent death of Claudina Isabel Velásquez, in violation of its obligations under the Convention of Belém do Pará. 164. The irregularities committed by the Guatemalan State in the investigation of this case, such as the failure to take the missing person’s report seriously and the subsequent flawed handling and analysis of the evidence collected; the errors made in handling and preserving the crime scene and in the collection of expert evidence; irregularities in the autopsy report; lack of comprehensive analyses, such as collection of hairs or analysis of the victim’s breasts and other parts of her body to determine if she had been raped; irregularities in taking the victim’s fingerprints; and failure to take statements from relevant witnesses, constitute a violation of the provisions of Article 7 of the Convention of Belém do Pará. This lack of effort in probably investigating the signs of sexual violence, in itself reflects a form of discrimination. The records indicate that the authorities did not investigate the victim’s death as a case of gender violence; and despite the fact that it has ratified the Convention of Belém do Pará, it has not put into practices measures, protocols or directives on how to properly investigate violence of this kind. 165. The case of Claudina Isabel Velásquez is a symptomatic of the causes and consequences of the discrimination that women suffer. The traditional attitudes that regard women as subordinate to men, as well as gender stereotypes such as those examined in the paragraphs below, not only perpetuate violence against them but also justify it in contravention of the principle of equality. According to the Inter-American Court, “[t]he notion of equality springs directly from the oneness of the human family and is linked to the essential dignity of the individual.”192 The Court has also held that “States must combat discriminatory practices at all levels, particularly in public bodies and, finally, must adopt the affirmative measures needed to ensure the effective right to equal protection for all 188 IACHR, Report on Merits No. 54/01, María Da Penha Fernandes (Brazil), April 16, 2001, par. 56. 189 IACHR, Report on Merits No. 54/01, María Da Penha Fernandes (Brazil), April 16, 2001, par. 56. 190 I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C No. 205, par. 400. 191 I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C No. 205, par. 402. 192 I/A Court H.R., Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica. Advisory Opinion OC-4/84 of January 19, 1984. Series A No. 4.

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