55
148. In this regard, it should be noted that, in July 2001, the United Nations Committee
on the Rights of the Child stated with regard to Guatemala that it was “deeply disturbed by
information that violence against children is increasing,” and recommended to Guatemala
that it “take, as a matter of the highest priority, all the necessary steps to prevent these
serious violations of children’s rights and to ensure that they are properly investigated.”240
149. In view of the context in which the events of the case occurred, the fact that María
Isabel was female is a factor in the above-mentioned conclusion. Thus, as indicated (supra
para. 81), in December 2001, in the context of the increase in the number of murders, the
occurrence of the murder of women for reasons of gender was not exceptional. In this
regard it should be emphasized that, in April 2001, the Inter-American Commission issued a
report in which it expressed its concern due to the gender-based violence in Guatemala. On
that occasion, the Commission also made recommendations to Guatemala in order to
achieve for the “victims” of gender-based violence,” an increase in “the sensitivity and
effectiveness of the response” of “the officials” who “were responsible for receiving the
complaints,” “particularly [of] the National Civil Police and of the Public Prosecution
Service.”241
150. The insufficiency of statistical information on violence against women has even been
indicated by the Coordinating Body for the Prevention, Punishment and Eradication of
Family Violence and Violence against Women (CONAPREVI), a State entity (supra para. 71,
and infra footnote 244). This does not necessarily signify that the State was unaware of this
context in December 2001, because the evidence includes relevant data, from both State
databases and those of State entities, as well as the ruling of an international agency
working in this area (supra paras. 76 and 79). Furthermore, prior to 2001, the State had
adopted measures relating to the situation and to discrimination against women, and the
creation of CONAPREVI in November 2000 (supra footnote 93) was especially relevant for
the problem of violence against women. In addition, despite what CONAPREVI indicated,
Guatemala has reported that it had agencies created before December 2001 whose
functions included “monitoring the implementation” of the Convention of Belém do Pará.242
151. In addition, it should be pointed out that, even before December 2001, the State had
the obligation to take the necessary measures to obtain sufficient information on the
situation of the rights of girl children in Guatemala, at least at the minimum level required
to be able to meet satisfactorily its obligations at that time. Because it is evident that in
order to comply satisfactorily with the obligations established in Articles 1(1) and 2 of the
American Convention, States must obtain pertinent information on the situation of the
treaty-based rights, since this is necessary to be able to evaluate the measures or actions
that must be taken. This is relevant in relation to the rights of girl children. 243 It also
240
Concluding observations of the Committee on the Rights of the Child: Guatemala. Twenty-seventh session
CRC/C/15/Add.154, 9 July 2001, paras. 30 and 31.
241
IACHR, Follow-up Report on the compliance by the State of Guatemala with the recommendations made
by the Commission in the Fifth Report on the Situation of Human Rights in Guatemala, of December 18, 2002,
para. 53.
242
In response to the question posed by MESECVI of whether “[a] domestic mechanism has been established
to follow up on the implementation of the Convention of Belém Do Pará,” the State reported that “[p]ursuant to
article 13 of the Law to Prevent, Eradicate and Punish Family Violence, Decree 97-96 of the Congress of the
Republic, the Attorney General’s Office is the entity responsible for monitoring compliance with the Inter-American
Convention for the Prevention, Punishment and Eradication of Violence against Women. According to article 11(c)
of the regulations to the Law to Prevent, Eradicate and Punish Family Violence, Government decision No. 8312000, the Coordinating Body for the Prevention, Punishment and Eradication of Family Violence and Violence
against Women [(CONAPREVI)], is responsible for monitoring compliance with the Inter-American Convention for
the Prevention, Punishment and Eradication of Violence against Women.” Convention of Belém do Pará. MESECVIII/doc.31/08. Second Conference of States parties. June 24, 2008. Doc. OEA/Ser.L/II.7.10, pp. 56 and 57.
243
The Committee on the Rights of the Child has said that the implementation of the Convention on the
Rights of the Child requires “rigorous monitoring” and, inter alia, the elaboration of a “rights-based national
strategy, rooted in [that] Convention,” and that this “strategy will need to include arrangements for monitoring and
continuous review, for regular updating and for periodic reports to parliament and to the public.” It has also stated