12.
In general, this case is similar to a 2011 case in Canada, which had major repercussions
in the international media and in social and feminist movements in several countries, when the
Toronto police force, when referring to a series of rapes on a university campus, suggested that
women should avoid dressing like prostitutes, blaming the victims themselves for contributing to
the rape they had suffered. The reaction in the feminist and human rights media was
immediate, resulting in the creation of the transnational non-governmental organization
“SlutWalk,” which defended a woman’s right to dress as she wishes, and the right to go
wherever she wants, without the risk of being harassed, assaulted or raped. The name of the
movement was purposely strident because many women, especially young ones, identified with
the victims in that they preferred to use short, sensual clothes, but in no way wanted to assume
risks for this reason. Thus, they considered that, if the victims appeared to be prostitutes, this is
what they would call themselves in solidarity, to protest in favor of their right to freedom of
movement and freedom of dress (expression). And, they expected that men should behave
correctly and lawfully, without committing any criminal violence, and the State should provide
protection from the perspective of respect for women.
13.
When such dress codes perpetuate sexist gender stereotyping, and render violence
against women invisible or allow it to go unpunished – frequently with an especially perverse
impact on women – the State’s opinion of a victim’s clothing becomes a tool by which the State
appropriates the right to control a woman’s body, finding justification based on the supposed
moral values of the community. Requirements as regards clothing are even used to justify
underlying discriminatory attitudes and to permit the external control of female sexuality,
objectivizing women by denying them their autonomy.
14.
By deliberately being negligent and failing to act with due diligence in the respective
criminal investigation, the State ends up by penalizing the woman who has already been
victimized once. According to the State’s perspective that is revealed in this case, the woman
who chooses to dress in a certain way loses, even though informally, the right to judicial
guarantees, because she is not considered worthy of them while she supposedly belongs to a
socially marginalized group of women who are prostitutes or from a low-income class. By
expressing her socio-economic position through her clothing, she exposed herself to the State’s
indifference to an eventual violation of any of her rights. Thus, it becomes dangerous to express
oneself through ones clothes and accessories, and that danger ends up by closely constituting
the curtailment of the right to freedom of expression. It is not possible to fully exercise freedom
of expression if some expressions are punished, even habitually, by the State.
15.
In keeping with this interpretation, the United Nations Human Rights Committee, in its
General Comment No. 34, of July 29, 2011, established that the freedom of expression
established in Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR)
should be interpreted to include the right to choose what clothes to wear and that this choice
should be made free of State pressure. The relevant part reads as follows:
11. Paragraph 2 requires States parties to guarantee the right to freedom of
expression, including the right to seek, receive and impart information and ideas of
all kinds regardless of frontiers. This right includes the expression and receipt of
communications of every form of idea and opinion capable of transmission to
others, subject to the provisions in article 19, paragraph 3, and article 20. It
includes political discourse, commentary on one’s own and on public affairs,
canvassing, discussion of human rights, journalism, cultural and artistic
expression, teaching, and religious discourse. It may also include commercial
advertising. The scope of paragraph 2 embraces even expression that may be
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