94. At the same time, the same Committee considers that the concept of caregivers, in the case of children, "covers those with clear, recognized legal, professional-ethical and/or cultural responsibility for the safety, health, development and well-being of the child, primarily: parents [...] foster parents [...] school and early childhood personnel [...]".112 95. In its preamble, the Convention of Belém do Pará points out that violence against women is “a manifestation of the historically unequal power relations between women and men” and it recognizes that the right of every woman to a life free from violence includes the right to be free from any form of discrimination. 96. Likewise the Commission issues a reminder that gender-based violence, such as sexual violence against a woman or girl, is a form of discrimination against women. 113 Both the Commission and the Court have pronounced on cases involving sexual violence against women and they have analyzed how sexual violence involves impairing the rights to human treatment, a private life, autonomy, and non-discrimination.114 97. The Commission considers that harassment in any context constitutes a form of sexual violence and that when it is committed against women and girls it must be construed as an act of gender-based violence and therefore as discrimination. As both the Commission and the Court have pointed out, forms of sexual violence, such as abuse, harassment, pornography, sexual exploitation, forced sterilization, forced maternity, neglect of girls, and so on are manifestations directly derived from the social and historical discrimination that women have endured and still endured. "They are the culmination of a situation characterized by reiterated and systematic violation of human rights." 115 98. Along those same lines, the Convention of Belém do Pará defines violence against women as “any act or conduct, based on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in the public or the private sphere.” It includes the physical, sexual, and psychological violence that takes place in the family or home or in any interpersonal relationship, be it in the case of an aggressor living or having lived in the same home as the woman (which includes cases of rape, mistreatment , sexual abuse); be it a case of violence in the community, perpetrated by anyone, which may include, inter alia, rape, sexual abuse, torture, trafficking in persons, forced prostitution, kidnapping, and workplace sexual harassment; or be it violence in educational establishments, health facilities or anywhere else; or be it violence perpetrated or tolerated by the State or agents of the State, regardless of where it occurs. 116 99. The Commission and the Court have underscored that sexual violence against children triggers specific obligations for the State as regards its duty to respond, while bearing in mind the need to ensure special protections for the victim. 117 In the case of VRP and VPC v. Nicaragua, the Inter-American Court pointed out: The special protection measures that the State is required to take are based on the fact that children and adolescents are considered to be more vulnerable to human rights violations, to an extent that will also depend on a series of factors, such as age, the particular Committee on the Rights of the Child, General Comment No. 13: The right of the child to freedom from all forms of violence, 2011, par. 33. 113 I/A Court H.R. Case of Veliz Franco et al. v. Guatemala. Preliminary Objections, Merits, Reparations, and Costs. Judgment of May 19, 2014. Series C No. 277, par. 207. 114 IACHR, Report 76/11, Case 11.769, Merits, J., Peru, July 20, 2011. See, also: I/A Court HR. Case of Fernández Ortega et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 30, 2010, Series C No. 215. 115 IACHR. Access to justice report. Citing 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, par.128. 116 Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, "Convention of Belém do Pará” 117 IACHR, Report No. 4/16. Case 12.690. Merits. VRP and VCP, Nicaragua. August 25, 2016, par. 84. 112

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