89
271. The Commission indicated that such public policies and institutional programs should
include “training programs for public officials from all sectors of the State, including the
education sector, the branches of the administration of justice and the police, and
comprehensive prevention policies.”
272. In this regard, the representative indicated that the State should “adopt a series of
measures in order to promote the elimination of discriminatory socio-cultural patterns and
stereotypes and to ensure full access to justice for women victims of violence.” Among such
measures, it indicated: (a) the “creation of a protocol for immediate action in cases of the
disappearance of girl children and adolescents, and women”; (b) the “adoption of
standardized protocols for joint action to respond to and investigate cases of violence
against women, from the perspective of the human rights of women”; (c) the “creation of
an analysis and support unit for investigations of cases of the violent death of women”; (d)
the “implementation of education and training programs for public officials,” as a
“permanent training program on standards of due diligence in the investigation from the
perspective of the human rights of women,” and a “program of permanent training on
standards for the prevention, punishment and eradication of violence against women”; (e)
“ensuring the operation of the institutions responsible for public policies aimed at preventing
and eliminating violence against women and responding to cases of violence,” and (f)
“guaranteeing a reliable and accessible system for the data collection and the production of
statistics.”
273. The State reiterated that “it has not been proved that this case is a gender-based
illegal act [and] that it had taken measures leading to changes in the way in which cases of
violence against women are handled compared to when the events of the case occurred.” It
also indicated that the measures it had taken “have been implemented […] to ensure the
most prompt and effective response of the State to acts of violence against women.”
D.2.2.Considerations of the Court
274. Regarding the request for a protocol for immediate action in cases of the
disappearance of girl children and adolescents, and women, the Court takes note of what
the State has indicated concerning the “early warning system” enacted by the Law on the
Alba-Kenneth Alert in order to locate missing children (supra para. 263).357 Consequently,
and since the facts of the case are related to the disappearance of a girl child, the Court
does not find it in order to require the State to adopt a specific protocol.
275. With regard to the implementation of education and training programs for State
officials, the Court establishes that the State must, within a reasonable time, implement
programs and courses for public officials who are members of the Judiciary, the Public
Prosecution Service, and the National Civil Police, and who are involved in the investigation
of the murder of women, on standards with regard to prevention, and the eventual
punishment and eradication of the murder of women, and provide them with training on the
proper application of the relevant laws and regulations.
276. As for guaranteeing a reliable and accessible system for the data collection and the
production of statistics, the Court takes into account that article 20 of the Law against
Femicide stipulates that the National Institute of Statistics is obliged to generate indicators
and statistical information, and to set up a national information system on violence against
women. In its final arguments, the State provided the address of the website on which the
357
Cf. Law on the Alba-Keneth Alert System. Decree No. 28-2010 (file of annexes to the answering brief,
annex 12, fs. 14,097 to 14,102). The State also has other laws relating to childhood, including a “Law on the
Comprehensive Protection of Children and Adolescents” (Decree No. 27-2003) which was “issued” on July 4, 2003.
The State also provided the Court with a copy of articles 5, 20 and 51 of the Constitution of the Republic of
Guatemala, entitled, respectively, “Freedom of action”, “Minors,” and “Protection of minors and the elderly” (file of
annexes to the answering brief, annexes 22 and 23, respectively, fs. 14,189 to 14,259 and 14,261).