31.
Regardless of the foregoing, the Court has also concluded in its analysis of the said
“first moment” — in the case of González et al. (“Cotton Field”) v. Mexico — that, in light of
the pattern of violence against women, the absence of a general policy constitutes a
violation of the general duty under the obligation of prevention.58 Meanwhile, in the case of
Veliz Franco et al. v. Guatemala, it recognized previous actions taken by the State in
relation to the problem of the context. 59 I consider that these considerations should be
taken into particular consideration in the analysis and conclusions of the case sub judice
(which gives rise to this separate opinion), when examining the “first moment” of the
State’s obligation of prevention, as will be seen in the following section.
III. THE “OBLIGATION OF PREVENTION” IN THE CASE OF VELÁSQUEZ PAIZ ET AL. V.
GUATEMALA (2015)
32.
The facts of the case relate to the disappearance, abuse and death of Claudina
Velásquez Paiz in 2005, as well as the failure of the State to act diligently and the
inconsistencies in the subsequent investigation of the facts, a situation which took place in
a “context” of an escalation of violence against women 60 that the State was already aware
of and the Court had examined in case of Veliz Franco et al. v. Guatemala, decided in 2014.
33.
In general, it is worth mentioning that, as can be seen throughout the judgment,
given that the facts of this specific case bear a sequential relationship to the facts of the
case of Veliz Franco et al. v. Guatemala, the Court’s considerations in that case were
constantly cited in this judgment, especially with regard to the establishment of a “context”
of an escalation of violence against women.
34.
I consider that this “context” is of fundamental importance for the analysis of the
State obligation of prevention, particularly when examining the “first moment”; in other
words, the general obligation to prevent the disappearance and murder of women. That is
why I consider it essential to emphasize the significance of the context of this case, and
then to examine in greater detail the State’s duty to guarantee rights by means of the
obligation of prevention, which will be examined using the criterion of the “two moments” of
this obligation, already used by the Court in the two cases of violence against women
highlighted in the preceding section.
III.1 The context of violence against women in Guatemala
35.
The context represents a useful and necessary tool for understanding the specific
facts of the case and determining the responsibility of the State. It should be mentioned
that, when establishing the context of this case, various aspects of the context found in the
case of Veliz Franco et al. v. Guatemala were referred to as a result of the sequential
relationship between the two cases.61 In this regard, the present judgment referred back to
the context in which the facts of the case of Veliz Franco et al. occurred, indicating that,
starting in December 2001, there was a “context of an escalation of homicidal violence
Guatemala. Preliminary objections, merits, reparations and costs. Judgment of May 19, 2014. Series C No. 277,
para. 139.
58
I/A Court HR, Case of González et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits, reparations
and costs. Judgment of November 16, 2009. Series C No. 205, para. 282.
59
I/A Court HR, Case of Veliz Franco et al. v. Guatemala. Preliminary objections, merits, reparations and
costs. Judgment of May 19, 2014. Series C No. 277, para. 139.
60
Paras. 45 to 48 of the judgment.
61
Paras. 45 and ff.
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