22.
The petitioners also allege that the State violated Article 4 of the
American Convention by failing to provide Paola del Rosario with prompt
medical attention and failing to offer to take her immediately to a hospital,
because in its view “it was too late” to help her. 18 They assert that the State
violated the right to physical, mental and moral integrity, protected under
Article 5 of the American Convention, by virtue of the sexual violence
perpetrated against her by a civil servant, while she was in the care of the
State. As for the right to personal liberty, protected under Article 7 of the
American Convention, the petitioners contend that the right to humane
treatment includes, inter alia, the right to personal liberty and security, the
right to be treated with the respect inherent in the human being, the right to
privacy, women’s right to physical autonomy and not to be subjected to
unwelcome physical invasions of her body, according to international human
rights standards.19
23.
With regard to Article 24 of the American Convention, the petitioners
assert that the judicial and administrative behavior and negligence of the State
authorities, both in processing the administrative case and in conducting the
criminal case, have been discriminatory. Their position is that the State’s
failure to exercise due diligence in investigating and punishing the acts of
sexual violence serves to reinforce and perpetuate stereotypes that blame
women for the violence committed against them, favoring the social impunity
of these cases.
B.
Position of the State
24.
The State contends that the petition is inadmissible because the
remedies under domestic law have not been exhausted, namely the criminal
case, the internal proceedings to seek reparation and the civil case seeking
damages. It asserts that the petitioners want to use the Inter-American
Commission “to review the merits of the administrative and criminal
The petitioners allege that the school doctor said that “If Paola had swallowed 11
“diablillos” at 10:30 a.m., it was his opinion that by 2:00 p.m. when she came to the
infirmary it was already very late, so he opted to urgently call the family members.”
Report of the Office of the Provincial Director of Education, January 23, 2003,
attached to the original petition received at the IACHR on October 2, 2006.
19
The petitioners cite as a source in this regard the Human Rights Committee, General
Comment 6: The Right to Life (Article 6), 30/07/82, in Compilation of General
Comments and General Recommendations Adopted by Human Rights Treaty Bodies,
UN document HRI/GEN/1/rev.1 (1996).
18
10