67
residential dwellings. Improving the safety of public transport and routes travelled by
women, such as to schools and educational institutions or to wells, fields and factories, is
part of prevention work.275
258. The foregoing reveals that States should adopt comprehensive measures to
comply with due diligence in cases of violence against women. In particular, they
should have an appropriate legal framework for protection that is enforced effectively,
and prevention policies and practices that allow effective measures to be taken in
response to the respective complaints. The prevention strategy should also be
comprehensive; in other words, it should prevent the risk factors and, at the same
time, strengthen the institutions that can provide an effective response in cases of
violence against women. Furthermore, the State should adopt preventive measures in
specific cases in which it is evident that certain women and girls may be victims of
violence. This should take into account that, in cases of violence against women, the
States also have the general obligation established in the American Convention, an
obligation reinforced since the Convention of Belém do Pará came into force. The Court
will now examine the measures adopted by the State prior to the facts of this case to
comply with its obligation of prevention.
259. The State argued that “based on the context of violence in Ciudad Juárez
acknowledged by the government authorities, all measures considered necessary to
avoid the repetition of acts of violence against women have been and continue to be
adopted.” The State also indicated that it had provided evidence of “improvements in
institutional infrastructure and capacity in order to ensure that investigations are
effective in cases of violence against women, and to provide constant judicial
monitoring,” as well as of “numerous programs designed to eradicate discriminatory
socio-cultural patterns against women, such as comprehensive prevention policies,
programs to provide services to victims of crime, civil society participation, and
training for public officials.”
260. The Commission indicated that there was an “absence of effective State
measures regarding the disappearance and subsequent death of the victims” and that
“at the time the facts occurred, the State had not adopted the policies or measures
necessary for guaranteeing the effective prevention, investigation and punishment of
violent acts directed against women.”
261. The representatives alleged that, in general, “none of the limited measures
taken by the authorities from 1993 to 2001, or the financial resources allocated, can
be considered effective measures to prevent violence against women and girls.”
262. From the evidence provided to the Tribunal, it is clear, firstly, that Mexico
created the Office of the Special Prosecutor for the Investigation of the Murders of
Women in Ciudad Juárez, within the Office of the Attorney General of Chihuahua
(hereinafter also referred to as the “FEIHM” due to its name in Spanish) in 1998,276 in
response to CNDH Recommendation No. 44/98.277 According to the State, the Special
275
United Nations, General Assembly, In-depth study on all forms of violence against women. Report
of the Secretary-General, Sixty-first session, A/61/122/Add.1, July 6, 2006, para. 352.
276
Cf. Report on Mexico produced by CEDAW, supra note 64, folio 1922; CNDH, Informe Especial,
supra note 66, folio 2168, and Amnesty International, Intolerable killings, supra note 64, folio 2265.
277
Cf. Report on Mexico produced by CEDAW, supra note 64, folio 1963. According to the CNDH, this
Prosecutor’s Office was created because “the investigations into all the murders that occurred in Ciudad
Juárez, Chihuahua, from 1993 to 1996, were being conducted by the Homicide Unit of the Judicial Police of
that state” and according to Amnesty International, “it was a request that the local organizations had been
making since 1996, owing to the inability of the [Office of the Attorney General of the state of Chihuahua] to
respond to the situation” (Cf. CNDH, Informe Especial, supra note 66, folio 2168 and Amnesty International,
Intolerable killings, supra note 64, folio 2278).
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