181. The States parties to the American Convention on Human Rights have an obligation to
undertake actions to recognize and guarantee the efforts of women searching for their loved
ones as part of the prevention and investigation of forced disappearance. They must also
guarantee that those efforts are carried out without obstacles, intimidation or threats, ensuring
the personal integrity of the women concerned and recognition of their rights to political
participation acknowledged in the Convention. States parties must also address the historical
and cultural obstacles that limit their search, and guarantee that the women and their
dependents can continue to pursue their lifetime ambitions in decent conditions. 208 This must
include reparations, which should be ordered in such a way that they do not reproduce gender
stereotypes, but rather reflect the ways in which women seeking their loved ones wish to be
represented.
182. In the present case, the differentiated gender effect was experienced by Candelaria
Vergara, who set aside her personal ambitions to devote herself to the search for her husband,
and became her family’s head of household. According to her statement:
From the moment they “disappeared” Pedro, it was my job to look for him with my
children, and instead of having to go to school, my children had to accompany me to go
look for him everywhere. Because of that search, I even lost my job, we have devoted
ourselves to attending organized campaign events, to carrying him here in our hearts,
looking for him night and day (...) The economic consequences were total (sic), terrible,
we lost our house in Montería, Pedro’s relatives, Pedro is the youngest son of a
Monterian family where there are five sisters, he also maintained that family, as well as
supporting Jenny, José and Carlos and me, so since there was no support, the person
who supported the family was not there, everything collapsed, we lost the house, we
have lost, we lost everything. I lost my job, before we used to spend vacations together,
there were no vacations, there was no quality of life […].
183. Moreover, the Court has found that the family, without defining a particular model for it,
is the natural and fundamental unit of society and is entitled to protection by society and the
State. In view of the importance of this right, recognized in Article 17 of the Convention, the
Court has found that the State has an obligation to support the development and strengthening
of the nuclear family. It is therefore required to take both positive and negative actions to protect
persons from arbitrary or illegal interference with their families and foster effective respect for
family life. Moreover, the Court has understood that among the most severe interference that
the State could engage in against the family are actions that result in separation or break-ups.
This situation is especially grave when the separation affects the rights of children and
adolescents.209 The status of such persons, pursuant to Article 19 of the American Convention,
necessitates special protection by the State, and this must be understood as an additional right,
supplementing the other rights the Convention recognizes for all people. 210
184.
According to the Working Group on Enforced or Involuntary Disappearances,
According to the Working Group, “Women as relatives, particularly where they become household heads due to
an enforced disappearance, are in specific material, financial, psychological and legal needs. The relevant governmental
institutions must provide them adequate counselling, rehabilitation and support services, assistance and information.”
Working Group on Enforced or Involuntary Disappearances, General comment on women affected by enforced
disappearances, adopted by the Working Group on Enforced or Involuntary Disappearances at its ninety-eighth session
(October 31 to November 9, 2012), February 14, 2013.
209
Case of López et al. v. Argentina, supra, paras. 98 and 99.
210
Cf. Legal status and human rights of the child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17,
paras. 53, 54, 60, 86, 91, and 93, and Case of Vera Rojas et al. v. Chile. Preliminary objections, merits, reparations and
costs. Judgment of October 1, 2021, Series C No. 439, para. 104.
208
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