woman dresses is an integral part of the expression of the human personality, particularly a
woman’s personality.
5.
In this regard, Article 13 of the American Convention on Human Rights establishes:
Article 13 – Freedom of Thought and Expression
1. Everyone has the right to freedom of thought and expression. This right includes
freedom to seek, receive, and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing, in print, in the form of art, or through any other
medium of one's choice (bold added).
6.
The above article establishes that everyone has the right to freedom of thought and
expression, a right that may be exercised by any means chosen by the individual. The
expression of his or her socio-cultural identity through the use of certain types of clothing is
protected by the provision cited, by means of an interpretive development that integrates
implicit rights, or those that are not explicitly included, as is inherent in abstract texts such as
national constitutions or international treaties, acts that are designed to endure. In other words,
it is not necessary to state expressly that clothing is part of freedom of expression for this to be
protected by the State and by the Inter-American Court, when the text was explicitly left open
by using the expression emphasized: “any other medium of one’s choice.”
7.
And this guarantee is entirely similar to the one established Article 19(2) of the
International Covenant on Civil and Political Rights of the universal system of human rights,
which reads:
Article 19
2. Everyone shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or through any other
media of his choice. (Bold added)
8.
The above articles should be interpreted in the sense that an individual’s way of dressing
is a legitimate means of exercising the right to freedom of expression. The link with freedom of
expression results from the fact that the individual choice of clothes and accessories that modify
a person’s physical appearance serves to externalize the connection to a particular group or
culture, an expression that, in itself, has relevant political content.
9.
It can thus be inferred that the State has the obligation to protect the individual right of
those who express their identity, regardless of the means they use, so that the right to freedom
of expression can be exercised fully and without coercion. Thus, it is the State’s obligation to
ensure a safe environment so that every woman who decides to express her control of her own
body by using clothes that differ from those favored by society can do so.
10.
Owing to the existence of a known context of violence against women, the choices that
women make as regards their clothing deserve special protection, because the external
appearance – mainly the clothing – can be used to unfairly categorize women, often to their
detriment.
11.
The selective thoroughness of the investigation based on the victim’s clothing reveals the
existence of an informal dress code, reinforced by the actions of the authorities who exacerbate
the vulnerability of the victim when they consider that her clothes reflect her membership of a
particularly marginalized female group, as is the case of women who dress as they choose, who
express their identity through their outfits, which are often not considered appropriate from a
patriarchal, chauvinistic and sexist standpoint.
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