protection of the law.”241 Thus, Article 24 of the American Convention prohibits discrimination
de iure or de facto, not only with regard to the rights embodied therein, but also with respect
to all the laws adopted by the State and their application. In other words, this article does not
merely reiterate the provisions of Article 1(1) of the Convention concerning the obligation of
States to respect and ensure, without discrimination, the rights recognized therein, but, in
addition, establishes a right that also entails obligations for the State to respect and ensure
the principle of equality and non-discrimination in safeguarding other rights and in all the
domestic laws that it adopts.242 Finally, the Court has affirmed that, if a State discriminates
with regard to the respect and guarantee of a conventional right, it would be in breach of its
obligation under Article 1(1) and the substantive right in question. If, on the contrary, the
discrimination refers to an unequal protection by domestic law or its application, the fact must
be examined in light of Article 24 of the American Convention.243
140. According to the Court’s case law, Article 24 of the Convention also contains a mandate
aimed at ensuring material equality. Thus, the right to equality established in said provision
has a formal dimension, which protects equality before the law, and a material or substantial
dimension, which requires “the adoption of positive measures in favor of groups that have
historically been discriminated against or marginalized due to the factors referred to in Article
1(1) of the American Convention.”244
141. The Convention on the Elimination of All Forms of Discrimination against Women
establishes the obligation of States Parties to “modify the social and cultural patterns of conduct
of men and women, with a view to achieving the elimination of prejudices and customary and
all other practices which are based on the idea of the inferiority or the superiority of either of the
sexes or on stereotyped roles for men and women.” 245 On this point, the CEDAW Committee has
stated that the presence of gender stereotypes in the judicial system severely impacts the full
enjoyment of women’s human rights, given that these “impede women’s access to justice in
all areas of law, and may particularly impact women victims and survivors of violence.”246
142. In the inter-American sphere, the preamble of the Belém do Pará Convention states
that violence against women is “a manifestation of the historically unequal relations of power
between women and men” and, in addition, it recognizes that the right of every woman to a
life free of violence includes the right to be free from all forms of discrimination.247
143. In the case of Velásquez Paiz et al. v. Guatemala, the Court reiterated that gender
stereotypes refer to a preconception of the respective attributes, conducts, characteristics or
roles that are, or should be, played by men and women,248 and that it is possible to associate
Cf. Advisory Opinion OC-4/84, supra, para. 53 and 54, and Case of Vicky Hernández et al. v. Honduras, supra,
para. 65.
242
Cf. Case of Yatama v. Nicaragua. Preliminary objections, merits, reparations and costs. Judgment of June 23,
2005. Series C No. 127, para. 186, and Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits, reparations
and costs. Judgment of November 20, 2014. Series C No. 289, para. 217.
243
Cf. Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela. Preliminary objection,
merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 209, and Case of Vicky Hernández
et al. v. Honduras, supra, para. 65.
244
Case of Workers of the Fireworks Factory in Santo Antônio de Jesus and their Families v. Brazil, supra, para.
199. See also Case of Vicky Hernández et al. v. Honduras, supra, para. 66.
245
CEDAW, Article 5(a).
246
Cf. UN, CEDAW Committee, General Recommendation No. 33 on Women’s Access to Justice, August 3, 2015,
CEDAW/C/GC/33, para. 26.
247
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 394, citing the Belém do Pará Convention,
preamble and Article 6.
248
Cf. Case of Velásquez Paiz et al. v. Guatemala, supra, para. 180.
241
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