27 109. On her visit to Guatemala in 2004, the IACHR Rapporteur heard evidence showing how discriminatory stereotypes operated in practice during the investigation of cases,105 which was an important feature of the context of violence and impunity described in the proven facts section. According to the Rapporteur, these attitudes range from a lack of sensitivity to the situation of the person concerned, to openly hostile and discriminatory attitudes that devalue the person106 and which, in the opinion of the Commission, may affect the investigation of cases. 110. The IACHR has established that delays occur in investigations in which female victims of violence are reported missing and the authorities commit two categories of violations: 1) They do not move quickly to search for the victims; and 2) they discredit and blame the victims for their actions and, thus, point to them as not deserving of state action to find and protect them.107 This matter is discussed in greater depth in the following sections. 111. The IACHR concludes that the Guatemalan State has not shown that reasonable measures were taken to adequately prevent the attack and murder of Claudina Isabel Velásquez Paiz, in spite of her parents attempts to report her as missing. This failure to comply with the duty to ensure rights is particularly serious, given that the context of violence against women–of which the State was well aware–made them particularly vulnerable and bearing in mind the enhanced obligations that the Convention of Belém do Pará imposes upon the State in cases of violence against women. 112. The IACHR also finds that the State did not show that it adopted the norms or implemented the measures required under the Convention of Belém do Pará, to enable the authorities to offer an immediate and effective response to complaints of missing persons and properly prevent violence against women at the time of these events.108 113. Based on the foregoing considerations, the Commission concludes that in the instant case, by failing to conduct a search, the State infringed its duty to prevent violations and ensure rights with respect to Claudina Isabel Velásquez Paiz, in violation of Articles 4(1) and 5 of the American Convention, in relation to Article 1(1) thereof; and Article 7 of the Convention of Belém do Pará. B. Right to a fair trial and judicial protection (Articles 8(1) and 25 of the American Convention, in connection with Article 1(1) thereof; and Article 7 of the Convention of Belém do Pará) 114. The obligation of the States to act with due diligence includes enabling access to suitable and effective remedies when human rights are violated.109 The Inter-American Court has held 105 IACHR, Press Release No. 20/04, IACHR Special Rapporteur evaluates the effectiveness of the right of women in Guatemala to live free from violence and discrimination. 106 IACHR, Press Release No. 20/04, IACHR Special Rapporteur evaluates the effectiveness of the right of women in Guatemala to live free from violence and discrimination. 107 IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007, paragraph 151. 135. 108 See 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. 285. 109 IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007.

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