violence against women: State policies,”86 the Inter-American Court indicated the
insufficiency of the measures implemented by the State to address the problem, 87 stressing
that, despite the existence of a “bill on the immediate search for missing women” – which
addressed the problem of the lack of an immediate search mechanism for missing women –
to date this has not been adopted by the Guatemalan Congress. 88
48.
In this regard, the Court concluded in the need “to regulate the search for missing
women in Guatemala” and, consequently required the State “to adopt a national strategy,
system, mechanism or program, by legislative or other means, to ensure the immediate and
effective search for missing women, and that ensures that in cases of reports of this nature,
the corresponding authorities receive them immediately, without the need for formalities
and, at the same time, initiate actions to locate the possible victims and prevent the
violation of their rights to life and to personal integrity.”89
49.
In this scenario, it is evident that, to address the context of violence against women
in Guatemala, the State must establish laws, measures or a mechanism that, regardless of
the fact that they exist, are “effective” in “practice” – in the terms of Article 2 of the
American Convention – aimed at preventing the disappearance of women through diligent
and appropriate actions by the authorities entailing the immediate search for these women
and prevent the perpetration of violations of their human rights.
IV. CONCLUSION
50.
The culture of discrimination and violence against women is a phenomenon that
persists up until the present, nullifying the dignity and also the enjoyment and exercise of
the human rights of women in the Americas. To confront this situation, the State obligation
“of prevention” plays an essential role, to which, I consider, States should pay special
attention.
51.
As emphasized in the judgment, the obligation of prevention is an essential
presumption to ensure the rights to life and to personal integrity,90 and “encompasses all
those measures of a legal, political, administrative and cultural nature that promote the
safeguard of human rights and that ensure that eventual violations of these rights are truly
considered and dealt with as wrongful acts that, as such, may result in punishment for
those who commit them, as well as the obligation to compensate the victims for the harmful
consequences.”91
52.
In particular, Article 7 of the “Convention of Belém do Pará” establishes State
obligations to prevent, punish and eradicate violence against women,92 which specify and
Para. 259 and ff of the judgment.
The insufficiency stems from the failure to allocate resources, “the lack of coordination between the
different institutions and a comprehensive protection strategy,” as well as the fact that the State “had not proved
that it had implemented the necessary measures to ensure that the officials responsible for receiving missing
person reports had the capacity and the sensitivity to understand the gravity of such reports in the context of
violence against women, and the willingness and training to act immediately and effectively.” Para. 264 of the
judgment.
88
Para. 265 of the judgment.
89
Para. 266 of the judgment.
90
Para. 107 of the judgment.
91
Para. 107 of the judgment. Citing: I/A Court HR, Cf. Case of Velásquez Rodríguez v. Honduras. Merits.
Judgment of July 29, 1988. Series C No. 4, para. 166, and Case of Rodríguez Vera et al. (Disappeared of the Palace of
Justice)v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of November 14, 2014. Series C No.
287, para. 519.
92
Para. 108 of the judgment.
86
87
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