18
84
against women and the willingness to act immediately. Above all, it is essential that police authorities,
prosecutors and judicial officials take prompt action by ordering, without delay, the necessary measures
85
to determine the whereabouts of the victims or the place where they may have been retained.
Adequate procedures should be in place for reporting disappearances, which should result in an
immediate effective investigation. The authorities should presume that the disappeared person has been
86
deprived of liberty and is still alive until there is no longer any uncertainty about her fate.
81.
The IACHR has also established that in cases involving violence against children, the
87
State’s duty to protect the right to life is particularly strict.
This stems, on the one hand, from the
broadly-recognized international obligation to provide special protection to children, due to their physical
88
and emotional development.
On the other, it is linked to the international recognition that the due
diligence duty of States to protect and prevent violence has special connotations in the case of women,
89
due to the discrimination they have historically faced as a group. In other words, the State had an
enhanced duty to protect the rights of María Isabel Véliz Franco because of her condition as a minor, and
90
an obligation to adopt special measures of protection, prevention and guarantee.
82.
The Court, for its part, held that the State must pay special attention to the needs and
rights of victims who are girls who, as women, belong to a vulnerable group. It therefore concluded that
that the State has the obligation to adopt all positive measures necessary to ensure the rights of
91
disappeared girls. Specifically, the State has the obligation to ensure that missing girls are found as
soon as possible, once the next of kin has reported that they are missing. Accordingly, it must set in
motion all resources to mobilize the different institutions and to deploy domestic mechanisms to obtain
information in order to locate the girls rapidly and, once their bodies are found, to conduct the
92
investigations, and prosecute and punish those responsible effectively and promptly.
83.
The United Nations Special Rapporteur on violence against women has written that
based on the precedents forthcoming from the inter-American, European and universal human rights
systems, and “on the basis of the practice and opinio juris […], it can be concluded that there is a rule of
customary international law that obliges States to prevent and respond to acts of violence against women
93
with due diligence.”
84
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, paragraph 285.
85
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, paragraph 283.
86
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, paragraph 283.
87
IACHR, Report No. 80/11, Case 12.626, Jessica Lenahan (Gonzales) et al. (United States), July 21, 2011, paragraph
129. See, IACHR, Report No.28/07, Cases 12.496-12.498, Claudia Ivette Gonzalez et al. (Mexico), March 9, 2007, paragraphs 247255; I/A Court H.R. Case González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and Costs.
Judgment of November 16, 2009. Series C No. 205, paragraph 245.
88
IACHR, Report No. 80/11, Case 12.626, Jessica Lenahan (Gonzales) et al. (United States), July 21, 2011, paragraph
89
IACHR, Report No. 80/11, Case 12.626, Jessica Lenahan (Gonzales) et al. (United States), July 21, 2011, paragraph
129.
129.
90
IACHR, Report No. 28/07, Cases 12.496-12.498, Claudia Ivette Gonzalez et al. (Mexico), March 9, 2007, paragraphs
247-255; 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, paragraph 403.
91
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, paragraphs 408- 409.
92
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, paragraph 410.
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Integration of the Human Rights of Women and the Gender Perspective: Violence against Women. The Due Diligence
Standard as a Tool for the Elimination of Violence against Women. Report of the Special Rapporteur on violence against women,
its causes and consequences, Yakin Ertürk. E/CN.4/2006/61, 2006, paragraph 29.