62
discusses in this report in later sections the scope of state responsibility towards the actions of private
actors which threaten the integrity, life and work of women’s rights defenders in Colombia working in
zones affected by the armed conflict (see paragraphs below 252-264; 279-282; 312-321; 322-332).
219. In this sense, the State’s duty to prevent and protect takes on special meaning in the
case of women human rights defenders. In addition to the risk inherent to the work of human rights
defense is the history of discrimination that women have suffered based on their sex, stemming from
stereotyped concepts and sociocultural patterns of behavior that have promoted their treatment as
inferiors.280 This history of discrimination has increasingly exposed them, in certain contexts, to acts of
violence, threats, harassment, and other types of violations of their human rights.281 The IACHR has
established how women human rights defenders continue in several countries of the hemisphere,
including Colombia, being exposed to a special situation of risk of suffering human rights violations
compared to other groups of defenders.282
220. Accordingly, the inherent link between discrimination and violence against women is
relevant to the scope of the duty of protection of a State with respect to the activities of women human
rights defenders, and entails special obligations of prevention for the same. When a State does not
adopt reasonable measures to prevent acts of violence against women human rights defenders, or
remedy a known context of discrimination that promotes the repetition of these acts, not only does it
violate the right to humane treatment, but also its obligation not to discriminate against women,
contained in Article 1(1) of the American Convention.283
221. This duty of prevention and response applicable to the State is not limited to providing
material means to the women human rights defenders affected in order to protect their personal
integrity, or to ensure that its agents not interfere in the full exercise of their human rights.284 It also
entails the duty to act on the structural causes that affect their security285 with the aim of creating the
conditions necessary for the effective enjoyment of the rights established in the American
Convention.286 For the State it entails the obligation to take into account specific risks that women
human rights defenders face in a given context in adopting measures to protect their personal integrity
280
IACHR, Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.124 Doc. 5 rev. 1,
March 7, 2006, para. 283.
281
See in general, IACHR, Report on the Merits No. 80/11, Case 12,626, Jessica Lenahan (Gonzales) et al., United
States, July 21, 2011, para. 110; IACHR, Report on the Merits No. 28/07, Cases 12,496-12,498, Claudia Ivette González et al.
(Mexico), March 9, 2007; IACHR, Report No. 54/01, Case 12,051, Maria Da Penha Maia Fernandes (Brazil), IACHR Annual Report
2001; IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser.L/V/II, Doc. 68 (January 20, 2007); I/A
Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of
November 16, 2009. Series C No. 205.
282
IACHR, Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.124 Doc. 5 rev. 1,
March 7, 2006, para. 283.
283
IACHR, Report on the Merits No. 80/11, Case 12,626, Jessica Lenahan (Gonzales) et al., United States, July 21,
2011, para. 120.
284
IACHR, Second Report on the Situation of Human Rights Defenders in the Americas (2011), para. 42; IACHR, Report
on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.124 Doc. 5 rev. 1, March 7, 2006, para. 47.
285
IACHR, Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.124 Doc. 5 rev. 1,
March 7, 2006, para. 47.
286
para. 111.
I/A Court H.R., Case of the Mapiripán Massacre v. Colombia. Judgment of September 15, 2005. Series C No. 134,