72
Attorney General, is currently undertaking an investigation into the facts in the context of which two
participants in the offense have been identified and punished.
252. The IACHR has established that the adoption of reasonable measures with a view to
ensuring the right to life is a critical part of the duty of states to act with due diligence to protect a
woman from acts of violence.330 International bodies have consistently established that a state may be
internationally responsible for failing to act with due diligence to prevent, investigate, punish, and make
reparation for every act of violence against women.331 This legal obligation pertains to the entire state
structure332, and includes possible obligations of the state to prevent and respond to the actions of nonstate and private actors on learning of a situation of real and immediate risk to a woman, and the real
possibilities of preventing or avoiding that risk.333
253. The reinforced duty to observe the right to life is accentuated in the case of women who
work as human rights defenders in a known context of risk, such as the zones controlled by the different
factions in the context of the Colombian armed conflict. The Commission has recognized the twofold risk
that women face in those areas both as leaders, given the increase in their visibility and in light of the
causes they pursue, and by virtue of their sex, which has contributed to their being treated historically
as inferior beings in such scenarios.334 As indicated in the section on facts proven, in the case of
Colombia in particular the IACHR has reported how the armed actors consider that the leadership of the
organizations made up of women or that work in the defense of women’s rights constitute an obstacle
that makes it difficult for them to advance their agenda of social and territorial control, and therefore
these organizations and their members may be subject to assassination, harassment, and threats that
seriously affect their work in the community.335 The IACHR notes that in guaranteeing the right to life
the State must take into account these specific risks faced by women who work in the defense of human
rights in those areas, and adopt reasonable measures to protect them and to prevent violations of the
right to life.
254. In light of these parameters, the Commission proceeds to consider whether the facts set
forth above rise to the level of international responsibility of the State for its failure to prevent and
protect the life of Ms. Ana Teresa Yarce, as a woman human rights defender.
330
IACHR, Report No. 80/11, Case 12,626,Merits, Jessica Lenahan (Gonzales) et al. (United States), July 21, 2011, para.
128.
331
See in general, IACHR, Report No. 28/07, Cases 12,496-12,498, Claudia Ivette González et al. (Mexico), March 9,
2007; European Court of Human Rights, Case of Opuz v. Turkey, Petition No. 33401/02, June 9, 2009; CEDAW Committee, Views
on Communication 6/2005, Fatma Yildirim v. Austria (July 21, 2004).
332
See, IACHR, Report No. 80/11, Case 12,626, Jessica Lenahan (Gonzales) et al. (United States), July 21, 2011, para.
128.
IACHR, Report No. 28/07, Cases 12,496-12,498, Claudia Ivette Gonzalez et al. (Mexico), March 9, 2007, paras. 247255; I/A Court H.R.. 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. 245.
333
See IACHR, Report No. 28/07, Cases 12,496-12,498, Claudia Ivette González et al. (Mexico), March 9, 2007, paras.
247-255.
334
IACHR, Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.124 Doc. 5 rev. 1,
March 7, 2006, para. 229.
335
IACHR, Violence and Discrimination Against Women in the Armed Conflict in Colombia, OEA/Ser.L/V/II. Doc. 67,
October 18, 2006, para. 226.