other rights and in all domestic laws that are enacted. 270 In essence, the Court has affirmed that
if a State discriminates in respecting or ensuring a Convention right, it would be violating Article
1(1) and the substantive right in question. If, to the contrary, the discrimination refers to an
unequal protection of domestic law or its enforcement, the fact must be examined in light of
Article 24 of the American Convention.271
175. In the inter-American sphere, the preamble to the Convention of Belém do Pará indicates
that violence against women is “a manifestation of the historically unequal power relations
between women and men,” and also recognizes that the right of every women to a life free of
violence includes the right to be free of any form of discrimination. 272 From a general standpoint,
the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter,
“CEDAW”) defines discrimination against women as “any distinction, exclusion or restriction
made on the basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field.”273 In this regard, the United Nations
Committee for the Elimination of Discrimination against Women (hereinafter, “the CEDAW
Committee”) has declared that the definition of discrimination against women “includes genderbased violence, that is, violence that is directed against a woman [(i)] because she is a woman
or [(ii)] that affects women disproportionately.” It also indicated that “[g]ender-based violence
is a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedoms
on a basis of equality with men.”274
176. The Court reiterates that the inefficiency of the judicial system with respect to individual
cases of violence against women promotes an environment of impunity that facilitates and
promotes the repetition of acts of violence in general, and sends a message that violence
against women may be tolerated and accepted. This encourages its perpetuation and the social
acceptance of the phenomenon and causes women to feel unsafe and develop a permanent
mistrust in the system for the administration of justice. 275 This inefficiency or indifference, in
itself, discriminates against women in access to justice. Therefore, when there are specific
indications of gender-based violence or it is suspected, the authorities’ failure to investigate the
possible discriminatory motives behind the act of violence against a woman, may constitute a
form of gender-based discrimination.276
177. The statements made by Jorge Rolando Velásquez Durán and Elsa Claudina Paiz Vidal,
Claudina Velásquez’s father and mother, are consistent in indicating that, on the day the PNC
agent, Carolina Elizabeth Ruiz, came to their home to interview them, she informed them that
the crime scene had not been processed professionally because the victim’s origin and status
had been prejudged, and she had been categorized “as a loose woman” owing to: (i) the place
where her body was found; (ii) the fact that she used a choker necklace and a navel piercing
Cf. Case of Yatama v. Nicaragua. Preliminary objections, merits, reparations and costs. Judgment of June 23, 2005.
Series C No. 127, para. 186, and Case of Espinoza Gonzáles v. Peru, supra, para. 217.
271
Cf. Case of Apitz Barbera et al. (“First Administrative Contentious Court”) v. Venezuela, supra, para. 209, 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. 243.
272
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. 396, citing the Convention of Belém do Pará, preamble and Article 6.
273
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 394, citing the Convention on the Elimination of All
Forms of Discrimination against Women of December 18, 1979, Article 1.
274
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 395, citing the Committee for the Elimination of
Discrimination against Women, General recommendation 19: Violence against women, 11th session, 1992, UN Doc.
HRI\GEN\1\Rev.1 at 84 (1994), paras. 1 and 6.
275
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, paras. 388 and 400, and Case of Veliz Franco et al. v.
Guatemala, supra, para. 208.
276
Cf. Case of Veliz Franco et al. v. Guatemala, supra, para. 208.
270
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