2
was reiterated –as before, during, and after.
5.
It is not my intention to state in this Opinion the list of the works seeking to
consolidate that purpose, in the different realms in which they have been present:
worldwide and regional. I focus on the American Convention on Human Rights. As
of 1969 a hemispheric corpus juris on human rights has been gradually built, and
today it includes several protocols and treaties, one of which is the mentioned
Convention of Belém do Pará, a type of “specific Magna Carta” on woman’s rights –
or better yet: women’s—that constitutes a separate and substantial chapter in the
complete corpus juris that make up the statute of the contemporary human being,
based on the double foundation offered by the worldwide human right’s order and
the continental version in the order of the same specialty.
6.
Up to today, the Inter-American Court had not received consultations or
litigations whose main actor – or, at least one of its main actors, specifically--, was
a woman. Obviously, the Court has dealt with matters in which the subject of
equality of gender has been projected (such as Advisory Opinion OC-4/84,
“Proposed Amendments of the Naturalization Provisions of the Constitution of Costa
Rica,” decided upon on January 19, 1984), and it has had before it cases regarding
women as victims of violations to human rights or people in risk, whose situation
required provisional measures of a precautionary and protective nature. However,
in these cases the violation or risk did not, necessarily, put in evidence
considerations linked directly and immediately with the victim’s female condition.
7.
It does not correspond to the Court –which lacks the power to attract and
reject adjudicatory matters, nor may it formally suggest subjects for consultation—
to request the forwarding of petitions or requests for opinions on specific matters,
regardless of the greater or lesser relevance they may have regarding the
formulation of Inter-American jurisprudence. The selection of the cases is
incumbent to only those who have been invested of procedural legal standing to
propose them to the consideration of the Court, subject to their own ordinances and
endowed with autonomy –which the Court may not question—to present its
arguments, thus initiating the jurisdictional actions. That is the reason why the
Court has not dealt with certain matters regarding women’s rights, even when it
has done so regarding other groups of the population, which are also relevant and
vulnerable, of very different characteristics: minors, members of indigenous
communities, migrant workers, detainees, foster children, etcetera.
8.
In the case that corresponds to the Judgment with which I accompany this
Opinion the applicability of the Convention of Belém do Pará has been presented for
the first time, since there is no previous ruling of the Court in this sense. There
were some, however, in other cases regarding the applicability and application of
the instruments of the American corpus juris of human rights different to the ACHR:
Protocol of San Salvador, Inter-American Convention to Prevent and Punish
Torture, and Inter-American Convention on the Forced Disappearance of Persons.
Thus, this road had been sufficiently traveled; however, the first was still awaiting
its presentation, analysis, and solution. It had been, up to today, an “unexplored
subject”, without definition. This is no longer true, in virtue of the judgment issued
by the Inter-American Court of Human Rights in the Case of Castro Castro.
9.
The matter suggests at least two considerations. First of all, it is clear –in
the light of the developments of national and international Law on human rights,
but especially in the shade of a tenacious and wounding reality—that there is a
need to affirm the specific protection required by women’s rights and freedoms,
statement which constitutes an essential piece for the comprehensive construction
of the system for the protection of human rights and its effective validity. To plead
in this direction means advancing in an established—although always full of