89
1.
It admits the withdrawal of the preliminary exception filed by the State, in the
terms of paragraph 13 of the present Judgment.
2.
It accepts the partial acknowledgment of international responsibility of the State,
in the terms established in paragraphs 16 to 26 of the present Judgment.
DECLARES,
unanimously, that:
3.
The State is responsible for the violation of the rights to personal integrity,
dignity, and private life, enshrined, respectively, in Articles 5(1) and 5(2), 11(1), and
11(2) of the American Convention on Human Rights, in relation to Article 1(1) of the
same, and Articles 1, 2, and 6 of the Inter-American Convention to Prevent and Punish
Torture, and did not meet the obligations which arise from Article 7(a) of the InterAmerican Convention on the Prevention, Punishment, and Eradication of Violence against
Women, to the detriment of Mrs. Rosendo Cantu, in accordance with that mentioned in
paragraphs 89 to 121 and 127 to 131 of this Judgment.
4.
The State is responsible for the violation of the right to personal integrity,
enshrined in Article 5(1) of the American Convention on Human Rights, in relation with
Article 1(1) thereof, to the detriment of Yenys Bernardino Sierra, in accordance with that
mentioned in paragraphs 137 to 139 of this Judgment.
5.
It does not correspond to rule on an alleged violation of personal integrity,
established in Article 5(1) of the American Convention on Human Rights, to the
detriment of Mr. Victoriano Rosendo Morales, Mrs. Maria Cantu Garcia, and the brothers
and sisters of Mrs. Rosendo Cantu, pursuant to that established in paragraph 140 of the
present Judgment.
6.
The State is responsible for the violation of the right to judicial guarantees and
judicial protection, established in Article 8(1) and 25(1) of the American Convention on
Human Rights, to the detriment of Mrs. Rosendo Cantu: a) in relation with Article 1(1)
and 2 thereof, in the terms of paragraphs 159 to 167 of the present Judgment, and b) in
relation to Article 1(1) of the American Convention and the State did not comply with the
obligation established in Article 7(b) of the Inter-American Convention on the
Prevention, Punishment, and Eradication of Violence Against Women, in the terms of
paragraphs 174 to 182 of the present Judgment. Likewise, Mexico did not comply with
the obligation to guarantee, without discrimination, the right to access to justice
established in Articles 8(1) and 25 of the American Convention on Human Rights, in
relation with Article 1(1) thereof, to the detriment of Mrs. Rosendo Cantu, pursuant to
paragraphs 183 to 185 of the present Judgment.
7.
The Court is not responsible for the non-compliance of Articles 1, 6, and 8 of the
Inter-American Convention to Prevent and Punish Torture to the detriment of Mrs.
Rosendo Cantu, pursuant to paragraph 186 of the present Judgment.
8.
The State is responsible for the violation of the rights of the child, enshrined in
Article 19 of the American Convention on Human Rights, in relation with Article 1(1)
thereof, to the detriment of Mrs. Rosendo Cantú, pursuant to that expressed in
paragraphs 200 to 202 of this Judgment.
AND DECIDES,
unanimously, that,
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