3.
Rights to judicial guarantees, judicial protection, humane treatment, privacy, equal
protection and non-discrimination, and duty to adopt domestic legal provisions (Articles
8(1),341 25(1),342 5(1),343 11,344 24,345 and 2 346 of the American Convention:
265.
In this section, the Commission will examine other aspects of the investigation connected with
the pleadings of the petitioners on the re-victimization and discrimination that took place through the process,
to the detriment of Linda Loaiza López. Hereinafter, the Commission will review some standards developed by
both bodies of the Inter-American system on specific elements and parameters that must be observed in an
investigation of this nature to ensure it is not discriminatory and does not cause re-victimization. Several
aspects of the investigation will then be examined based on these standards.
3.1. General considerations on re-victimization and discrimination in the context of the
investigation of cases of violence against women
266.
In the case of María Da Penha v. Brazil, the Inter-American Commission examined how when
domestic violence suffered by the victim was accepted by State officials, it had a negative influence on the
investigation of the case, as clear and decisive evidentiary elements revealed in the police investigation were
not taken into account during the legal process, delaying without justification the punishment of the attacker.
267.
In this regard, the Commission has also concluded that “lack of due diligence with respect to
a case of violence against women is a form of discrimination, a failure on the State’s part to comply with its
obligation not to discriminate, and a violation of the right to equal protection.”347 Effectively, the IACHR has
found that the obstacles women face to access suitable and effective judicial remedies to the violations
suffered can be particularly critical because victims suffer from a combination of forms of discrimination—
because they are women, because of their ethnic or racial background, and/or because of their socioeconomic
condition.348
268.
With regard to this, the IACHR has also indicated that:
341 Article 8(1) of the American Convention: Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other
nature.
342 Article 25(1) of the American Convention: Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution
or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the
course of their official duties.
343
Article 25(1) of the American Convention: Every person has the right to have his physical, mental, and moral integrity
respected.
344 Article 11 of the American Convention: Everyone has the right to have his honor respected and his dignity recognized. 2.
No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, or of
unlawful attacks on his honor or reputation. 3. Everyone has the right to the protection of the law against such interference or attacks.
345 Article 24 of the American Convention: All persons are equal before the law. Consequently, they are entitled, without
discrimination, to equal protection of the law.
346 Article 2 of the American Convention: Where the exercise of any of the rights or freedoms referred to in Article 1 is not
already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional
processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or
freedoms.
347
IACHR. Report No. 53/13. Case 12,777. Claudina Isabel Velásquez Paiz et al. (Guatemala). Merits. November 4, 2013, para.
348
IACHR, Access to Justice for women who are Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68. January 20, 2007,
166.
para. 195.