106. According to Article 1(1) of the Convention, States are obliged to respect and ensure the
human rights recognized therein. 174 In particular, in the case of the rights to life, to personal
integrity, and to honor and dignity, these obligations imply not only that the State must respect
them (negative obligation), but they also require that the State take all appropriate measures to
ensure them (positive obligation).175
107. This Court has established that the obligation to ensure the rights to life and personal
integrity presupposes the obligation of States to prevent violations of these rights. This
obligation of prevention encompasses all those measures of a legal, political, administrative or
cultural nature that promote the safeguard of human rights and 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. It is also evident, that the obligation to prevent is an obligation of
means or conduct, and failure to comply with it is not proved by the mere fact that a right has
been violated.176
108. Article 7 of the Convention of Belém do Pará establishes State obligations to prevent,
punish and eradicate violence against women 177 that define and supplement the State obligation
to comply with the rights recognized in the American Convention, such as those established in
Articles 4 and 5.178 In this regard, the Court has established that States must adopt
comprehensive measures to comply with due diligence in cases of violence against women. In
particular, they must have an adequate legal protection framework that is enforced effectively,
and prevention policies and practices that permit an efficient response to complaints.179 The
prevention strategy must be comprehensive; that is, it must prevent the risk factors and also
reinforce institutions so that they can provide an effective response to cases of violence against
women. In addition, States must adopt preventive measures in specific cases in which it is
evident that certain women and girls may be victims of violence. 180 All this must take into
account that, in cases of violence against women, States also have the general obligations
contained in the American Convention, and specific obligations based on the Convention of
Belém do Pará.
109. That said, based on the Court’s case law, it is clear that a State cannot be held
responsible for every human rights violation committed between individuals subject to its
jurisdiction. Indeed, the State’s Convention obligation of guarantee does not mean that it has
unlimited responsibility in the case of every act or action of private individuals, because its
obligation to adopt measures of prevention and protection for individuals in their relations with
one another are conditioned by its awareness of a situation of real and immediate risk for an
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 163, and Case
of the Human Rights Defender et al. v. Guatemala. Preliminary objections, merits, reparations and costs. Judgment of August
28, 2014. Series C No. 283, para. 138.
175
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, paras. 165 and 166, and Case of Gonzales Lluy et al. v.
Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 1, 2015. Series C No. 298, para. 168.
176
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, 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.
177
The Convention of Belém do Pará defines violence against women in its Article 1 as “any act or conduct, based
on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in the public or
the private sphere.”
178
Cf. Case of the Miguel Castro Castro v. Peru. Merits, reparations and costs. Judgment of November 25, 2006.
Series C No. 160, para. 346, and Case of Veliz Franco et al. v. Guatemala. Preliminary objections, merits, reparations
and costs. Judgment of May 19, 2014. Series C No. 277, para. 133.
179
Cf. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits, reparations and costs.
Judgment of November 16, 2009. Series C No. 205, para. 258.
180
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 258, and Case of Veliz Franco et al. v.
Guatemala, supra, para. 136.
174
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