42
“the obligation to prevent these degrading practices.”188 The IACHR also established that judicial
ineffectiveness in cases involving violence against women creates a climate of impunity that invites
violence and discrimination against women “since society sees no evidence of willingness by the State,
as the representative of the society, to take effective action to sanction such acts.” 189 For its part, the
Court has held that when crimes committed against women go unpunished, this “sends the message
that violence against women is tolerated; this leads to their perpetuation, together with social
acceptance of the phenomenon, the feeling women have that they are not safe, and their persistent
mistrust in the system of administration of justice.”190 In Gonzáles et al. v. Mexico, the Court held that
that violence against women is a form of discrimination and that the State violated its obligation not to
discriminate in relation to the obligation to guarantee the victim’s rights, among them her right to
access to justice.191
163. In this case, the IACHR notes that upon being informed of the disappearance the State
authorities failed to act with due diligence to investigate the whereabouts and subsequent death of
Claudina Isabel Velásquez, in violation of its obligations under the Convention of Belém do Pará.
164. The irregularities committed by the Guatemalan State in the investigation of this case,
such as the failure to take the missing person’s report seriously and the subsequent flawed handling and
analysis of the evidence collected; the errors made in handling and preserving the crime scene and in
the collection of expert evidence; irregularities in the autopsy report; lack of comprehensive analyses,
such as collection of hairs or analysis of the victim’s breasts and other parts of her body to determine if
she had been raped; irregularities in taking the victim’s fingerprints; and failure to take statements from
relevant witnesses, constitute a violation of the provisions of Article 7 of the Convention of Belém do
Pará. This lack of effort in probably investigating the signs of sexual violence, in itself reflects a form of
discrimination. The records indicate that the authorities did not investigate the victim’s death as a case
of gender violence; and despite the fact that it has ratified the Convention of Belém do Pará, it has not
put into practices measures, protocols or directives on how to properly investigate violence of this kind.
165. The case of Claudina Isabel Velásquez is a symptomatic of the causes and consequences
of the discrimination that women suffer. The traditional attitudes that regard women as subordinate to
men, as well as gender stereotypes such as those examined in the paragraphs below, not only
perpetuate violence against them but also justify it in contravention of the principle of equality.
According to the Inter-American Court, “[t]he notion of equality springs directly from the oneness of the
human family and is linked to the essential dignity of the individual.”192 The Court has also held that
“States must combat discriminatory practices at all levels, particularly in public bodies and, finally, must
adopt the affirmative measures needed to ensure the effective right to equal protection for all
188
IACHR, Report on Merits No. 54/01, María Da Penha Fernandes (Brazil), April 16, 2001, par. 56.
189
IACHR, Report on Merits No. 54/01, María Da Penha Fernandes (Brazil), April 16, 2001, par. 56.
190
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.
191
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. 402.
192
I/A Court H.R., Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica. Advisory
Opinion OC-4/84 of January 19, 1984. Series A No. 4.