20.
That said, it has been shown that gender preconceptions have an undue impact on
investigations, revealing that the punishment of aggressors may depend on an opinion founded
on the victim’s physical appearance, her clothing. We are faced with a scenario in which women
are unable to express their culture, individuality, ideas and religious beliefs without suffering
coercion.
21.
The normalization and frequent impunity of the violence specifically experienced by
women whose clothes differ from those normally worn by members of society prevents clothing
being used as a form of freely expressing the individuality, identity, social or political position of
women. The implicit message of the ineffectual investigation in these cases is that expressing
control of one’s own body by the free choice of clothes may place a woman in a situation of
special vulnerability.
22.
The choice of clothes may be considered not only as the exercise of a general personal
right, but also as a right to freedom of expression. Thus, a judgment made on the clothes
chosen has an impact on respect for a woman’s identity; and this, in turn, is connected to her
conception of the world, her lifestyle and her identification with a specific social group.
23.
In this case, the conduct of the State authorities determining the diligence in the
investigation in keeping with directives based on the way the victim chose to express her
identity, has the impact of pressuring other women to conform to standards of clothing
considered appropriate, at the risk of experiencing maximum discrimination. Indeed, associating
clothes not only with a woman’s status, but also with her membership of a socially and
economically marginalized sector because she had a navel piercing and wore sandals, resulted in
exposing the victim to multiple discriminations based on gender, social condition, age and
economic status. Establishing a relationship between the protection of judicial guarantees and
the way in which a woman decides to present herself to the world is a way of preventing the full
exercise of freedom of expression and ideas owing to the evident punishment imposed.
24.
Lastly, it is worth pointing out that the attitude of the State authorities revealed another
serious error, because it did not relate to the reality of this case. It made clear that, if the victim
had been a prostitute or gang member, she would not have deserved the same State protection
against abuse and rape. It should be placed on record that it is evident that everyone has the
right to equal protection of the State.
25.
Thus, in addition to the considerations and conclusions of the judgment, with which I
agree, I would add that there was also a violation of Articles 13(1) and 22(1), in relation to
Article 1(1), of the American Convention on Human Rights.
III.
Concluding considerations
26.
Based on the foregoing, it is undeniable that clothing is an important, even essential,
dimension of human expression, whether cultural, national, regional, group, generational,
gender, racial, spiritual or individual. In the latter sphere, it may be a component of a person’s
identity, of personality, of individuality, of diversity and even of their sensuality. In the specific
case of women, these characteristic traits may be accentuated and should not only be tolerated,
but also accepted; and not just accepted, but respected; and not just respected, but protected
and even promoted as a distinctive trait, provide this is what the woman decides. Any
restriction, discrimination or stigmatization becomes abusive and to be condemned, especially if
it is perpetrated by State agents, who have the obligation to educate, respect and protect the
way women express themselves in society, and are definitively prohibited from denying
assistance, or lessening the quality of the assistance, based on the clothing worn by a woman,
revealing a sexist or unequal attitude. In different societies, women use clothimg with colors,
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