26
supplied by the National Civil Police showed that whereas the incidence of violent deaths among men
was up 36%, the increase was 56.8% in the case of women.97
106. The Inter-American Court has found that States should adopt comprehensive measures
to comply with due diligence in cases of violence against women.98 In particular, they should have an
appropriate legal framework of protection that is enforced effectively, and prevention policies and
practices that allow effective measures to be taken in response to complaints.99
107. The prevention strategy should also be comprehensive; in other words, it should
prevent the risk factors and, at the same time, strengthen the institutions that can respond effectively in
cases of violence against women.100 The IACHR has held that the State should adopt preventive
measures in specific cases in which it is evident that certain women and girls may be victims of violence.
This should take into account that, in cases of violence against women, the States also have, in addition
to the generic obligations established in the American Convention, an enhanced obligation since the
Convention of Belém do Pará entered into force.
108. The IACHR Rapporteur found in 2004 that the steps taken by the State to address
violence against women were still insufficient for tackling the problem.101 In its report titled Access to
Justice for Women Victims of Violence in the Americas, the IACHR reported that research in Guatemala
found that only 0.33% of the complaints of sexual crimes actually went to trial, which is extremely
low.102 As for the investigation of the cases, the IACHR observed that the authorities in charge of
investigations into incidents of violence against women were neither competent nor impartial, which
considerably foreshortened any possibility that these cases would ever be prosecuted and the guilty
parties punished.103 For his part, Guatemala’s Human Rights Ombudsperson made reference to the
failure to apply due diligence, as there are no “policies to prevent, investigate, punish or do justice in the
face of the disturbing increase in femicide.”104
97
International Federation for Human Rights, International Investigation Mission, El Feminicidio en Mexico y
Guatemala [Feminicide in Mexico and Guatemala], No. 446/3, April 2006, p. 26. As of 2005, the number of murders of women
was up 63.41% over the 2002 figures, according to the figures supplied by Guatemala’s Ombudsman for Human Rights. See
Human Rights Ombudsman, Guatemala, C.A, Powerpoint presentation, Guatemala, March 2006, available on-line at
http://www.pdh.org.gt/files/inf_especiales/presentacion_muertemujeres03-05.pdf
98
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. 258.
99
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. 258.
100
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. 258.
101
IACHR, Press Release No. 20/04, Special Rapporteur evaluates the effectiveness of the right of women in
Guatemala to live free from violence and discrimination. Washington, D.C., September 18, 2004, available on-line at
http://www.cidh.org/Comunicados/English/2004/20.04.htm.
102
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007,
paragraph 151. 18.
103
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007,
paragraph 151. 130.
104
Guatemala’s Human Rights Ombudsperson, Compendium “Muertes Violentas de Mujeres”, 2003 a 2005 [Violent
Deaths among Women, 2003 to 2005], p. 92. http://www.pdh.org.gt/files/inf_especiales/muerte_mujeres03-05.pdf