recalls the importance of adopting a care protocol whose objective is to reduce the consequences on
the biopsycho-social well-being of the victim.189 This Court has indicated that, in cases of sexual
violence, once the facts are known, the State must provide, free, immediate professional assistance,
both medical, psychological and/or psychiatric, by a professional specifically trained in caring for
victims of this type of crime and with a gender and childhood perspective.190 The child must be
accompanied throughout the criminal proceedings, ensuring that it is the same professional who is
treating the child or adolescent. It is essential during the legal process and support services that,
without discrimination, the child or adolescent's age, level of maturity and understanding, gender,
sexual orientation, socioeconomic level, skills and abilities are taken into account, along with any
other factor or special need arising.191
106. As established by the Court, States must guarantee that (i) the process takes place in an
environment that is not intimidating, hostile, insensitive or inappropriate for the age of the child or
adolescent; (ii) the personnel in charge of receiving the account, including prosecutorial, judicial,
administrative authorities, health personnel, among others, are duly trained in the matter, so that
the child or adolescent feels respected and safe at the time of relating what happened to them and
in expressing their opinion and in an appropriate physical, mental and emotional environment, which
allows them to relate the occurrences or their experiences in the way they choose, without the use
of offensive, discriminatory or stigmatizing language by personnel;192 (iii) the children and
adolescents are treated with tact and sensitivity throughout the criminal proceedings, explaining to
them the reason and utility of the procedures to be carried out or the nature of the expert
examinations to which they will be subjected, always based on in their age, degree of maturity and
development, and in accordance with their right to information; (iv) children and adolescents who
are victims of sexual violence have their privacy and the confidentiality of information respected, if
applicable, avoiding at all times their participation in an excessive number of interventions or their
exposure to the public, adopting the measures that are necessary to avoid causing them suffering
during the proceedings and subjecting them to further harm;193 (v) the interview with the child or
adolescent victim of sexual violence, which must be video recorded,194 is carried out by a specialized
psychologist or a professional from related disciplines duly trained in taking this type of statement,
and must not be questioned directly by the court or the parties; (vi) the interview rooms provide an
environment that is safe and not intimidating, hostile, insensitive or inappropriate, and which
provides privacy and inspires confidence in the victims, and (vii) that children and adolescents are
not interrogated more than strictly necessary, taking into account their best interests, to avoid revictimization or a traumatic impact.195
189
Cf. Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, para. 163.
The Court has indicated that, in cases of violence against women, upon becoming aware of the alleged acts, it is
necessary that a complete and detailed medical and psychological examination be immediately carried out by suitable and
trained personnel, if possible, of the sex indicated by the victim, offering for them to be accompanied by a trusted person if
they wish. Said examination must be carried out in accordance with protocols specifically aimed at documenting evidence in
cases of gender violence. Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 194, and Case of V.R.P., V.P.C. et al. v.
Nicaragua, supra, para. 166 and footnote 219.
190
191
Cf. Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, para. 165.
Cf. Case of Rosendo Cantú et al. v. Mexico, supra, para. 201, and Case V.R.P., V.P.C. and others Vs. Nicaragua, supra,
para. 166.
192
193
Cf. Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, paras. 166, 167 and 168.
As the Court highlighted in the judgment in the Case of V.R.P., V.P.C. et al. v. Nicaragua, several countries have adopted,
as good practice, the use of special devices such as the Gesell chamber or closed-circuit television (CCTV) that enable the
authorities and the parties to follow the child or adolescent’s statement from outside the court in order to minimize any revictimizing effects. In fact, since 2003, different countries such as Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica,
Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Paraguay, Peru, the Dominican Republic and Uruguay have
incorporated the use of the Gesell chamber or closed-circuit television (CCTV).
194
195
Cf. Case of Rosendo Cantú v. Mexico, supra, para. 201, and Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, para. 168.
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