21
V.
LEGAL ANALYSIS
A.
Right to life (Article 4) and humane treatment (Article 5), in connection with Article
1(1) of the American Convention and Article 7 of the Convention of Belém do Pará
87.
The inter-American human rights system has affirmed the States’ obligation to act with
due diligence in response to human rights violations.73 This duty involves four obligations: the obligation
to prevent, the obligation to investigate, the obligation to punish and the obligation to make reparations
for human rights violations.74 As the Court has held in this regard:
This obligation implies the duty of States Parties to organize the governmental apparatus and, in
general, all the structures through which public power is exercised, so that they are capable of
juridically ensuring the free and full enjoyment of human rights. As a consequence of this
obligation, the States must prevent, investigate and punish any violation of the rights recognized
by the Convention and, moreover, if possible attempt to restore the right violated and provide
75
compensation as warranted for damages resulting from the violation.
88.
There is an international recognition that the duty of states to act with due diligence in
protecting and preventing violence against women has special connotations, due to the discrimination
they have historically faced as a group.76 The preamble of the Convention of Belém do Pará recognizes
that violence against women is an offense against human dignity and a manifestation of the historically
unequal power relations between women and men.77
89.
Accordingly, it recognizes every woman’s right to be free from violence and any form of
discrimination. The Convention is a reflection of the uniform concern throughout the hemisphere over
the seriousness of the problem of violence against women, its relationship to the discrimination that
women have historically suffered and the need to adopt comprehensive strategies to prevent, punish
and eradicate violence against women.
90.
The United Nations Special Rapporteur on violence against women has written that
based on the precedents established in the inter-American, European and universal human rights
systems, “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 with due diligence.”78
73
See I/A Court H.R., Case Velásquez Rodríguez, Judgment of July 29, 1988. Series C No. 4, par. 172.
74
See I/A Court H.R., Case Velásquez Rodríguez, Judgment of July 29, 1988. Series C No. 4, par. 172.
75
I/A Court H.R., Case of Velásquez Rodríguez, Judgment of July 29, 1988, Series C No. 4, par. 166.
76
IACHR, Report No. 80/11, Case 12.626, Jessica Lenahan (Gonzales) et al. (United States), July 21, 2011,
par. 129.
77
Article 1 of 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.”
78
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, para. 29.