adequately, in accordance with the specific circumstances that the condition and development of the pregnancy merited. In that respect, the expert reports that were drafted in the instant case and that contain explicit references to the fact that the medical care provided was inadequate have not been discredited either (see paragraphs 34 and 35 above). 83. In view of all of the above, the Commission deems that, because of the omissions indicated and the information indicating that the physicians did not act diligently to safeguard Ms. Britez’s rights, the state of Argentina has not proven that it adopted the measures that were reasonably required to safeguard her rights. These omissions were also verified, despite the state’s special duty to protect Ms. Britez’s rights as a pregnant woman, who as indicated required the adoption of specific measures because of her condition as a woman and her pregnancy. Therefore, the Commission concludes that the state of Argentina is responsible for the violation of the rights to health, life, and integrity, as set forth in Articles 26, 4.1, and 5.1 of the American Convention, in connection with the obligations in Article 1.1 of the same instrument, as well as for the violation of Article 7 of the Belém do Pará Convention, to the detriment of Ms. Cristina Britez Arce. C. Rights to a fair trial and judicial protection (Articles 8.1112 and 25.1113 of the American Convention, in connection with Article 1.1 of the same instrument) and Article 7 of the Belém do Pará Convention114 1. General considerations 84. The obligation of states to guarantee includes the duty to investigate and punish all violations of the rights recognized by the Convention and to ensure, in addition, the restitution, if possible, of the right that was violated and, if appropriate, the reparations for the damages caused by the human rights violation.115 85. The Commission has underscored that the obligation of states to act with due diligence includes facilitating access to suitable and effective legal recourses to tackle a human rights violation. 116 As indicated by the Commission, the effectiveness of a recourse must be understood in connection with its capacity to ascertain the existence of violations of fundamental rights, to remedy them, to provide reparations for the damage caused, and to make it possible to punish those responsible.117 86. The Commission, citing the Inter-American Court, has indicated that recourses cannot be deemed effective if they turn out to be illusory as a result of a denial of justice, such as when there is unwarranted delay in issuing Article 8.1. 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. 113 Article 25(1). 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. 114 Article 7. The States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate such violence and undertake to: a. refrain from engaging in any act or practice of violence against women and to ensure that their authorities, officials, personnel, agents, and institutions act in conformity with this obligation; b. apply due diligence to prevent, investigate and impose penalties for violence against women; c. include in their domestic legislation penal, civil, administrative and any other type of provisions that may be needed to prevent, punish and eradicate violence against women and to adopt appropriate administrative measures where necessary; d. adopt legal measures to require the perpetrator to refrain from harassing, intimidating or threatening the woman or using any method that harms or endangers her life or integrity, or damages her property; e. take all appropriate measures, including legislative measures, to amend or repeal existing laws and regulations or to modify legal or customary practices which sustain the persistence and tolerance of violence against women; f. establish fair and effective legal procedures for women who have been subjected to violence which include, among others, protective measures, a timely hearing and effective access to such procedures; g. establish the necessary legal and administrative mechanisms to ensure that women subjected to violence have effective access to restitution, reparations or other just and effective remedies; and h. adopt such legislative or other measures as may be necessary to give effect to this Convention. 115 I/A Court H.R. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 166. 116 IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007. 117 IACHR. Access to Justice as Guarantee of Economic, Social, and Cultural Rights. Study of the standards set by the Inter-American System of Human Rights. OEA/Ser.L/V/II.129. Doc. 4. September 7, 2007, para. 248. 112 20