41
discrimination in access to justice.184 Specifically with regard to the impunity that attends cases of
violence against women in Guatemala, in 2004 the IACHR observed that “the failure to investigate,
prosecute, and punish those responsible for this violence against women has contributed profoundly to
an atmosphere of impunity that perpetuates the violence against women in Guatemala.”185 The IACHR
also noted that “[t]he state must urgently intensify its efforts to combat the violence and discrimination
against women by measures including applying due diligence to investigating and solving crimes of
violence against women, by bringing those responsible to justice and punishing them, as well as by
providing access to protection measures and support systems for victims.” 186 Finally, it underscored that
it “is essential that the state should not only concern itself about this problem of violence against
women, but also should concern itself with providing effective solutions.”187
161. Article 7 of the Convention of Belém do Pará sets out a set of related obligations
immediately incumbent upon the State, in order to effectively prevent, investigate, punish and redress
cases of violence against women.
a.
b.
c.
d.
e.
f.
g.
h.
refrain from engaging in any act or practice of violence against women and to ensure
that their authorities, officials, personnel, agents, and institutions act in conformity with
this obligation;
apply due diligence to prevent, investigate and impose penalties for violence against
women;
include in their domestic legislation penal, civil, administrative and any other type of
provisions that may be needed to prevent, punish and eradicate violence against
women and to adopt appropriate administrative measures where necessary;
adopt legal measures to require the perpetrator to refrain from harassing, intimidating
or threatening the woman or using any method that harms or endangers her life or
integrity, or damages her property;
take all appropriate measures, including legislative measures, to amend or repeal
existing laws and regulations or to modify legal or customary practices which sustain the
persistence and tolerance of violence against women;
establish fair and effective legal procedures for women who have been subjected to
violence which include, among others, protective measures, a timely hearing and
effective access to such procedures;
establish the necessary legal and administrative mechanisms to ensure that women
subjected to violence have effective access to restitution, reparations or other just and
effective remedies; and
adopt such legislative or other measures as may be necessary to give effect to this
Convention.
162. In the case of María da Penha v. Brazil, the IACHR found that among the most important
principles enshrined in the Convention of Belém do Pará are the duties to investigate, prosecute and
184
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. 400.
185
IACHR, Press Release No. 20/04, The IACHR 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, par. 32.
186
IACHR, Press Release No. 20/04, The IACHR 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, par. 32.
187
IACHR, Press Release No. 20/04, The IACHR 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, par. 32.