the parties to the case, as well as to the citizens in a democratic society. Personal or subjective
impartiality is to be presumed unless there is evidence to the contrary consisting, for example,
in the demonstration that a member of the court or the judge has personal prejudices or
biases against the litigants. Meanwhile, the so-called objective impartiality consists in
determining whether the judge in question has offered sufficient elements of conviction to
exclude any legitimate misgivings or well-grounded suspicion of bias.235
132. Article 8(2) of the Convention establishes that “[e]very person accused of a criminal
offense has the right to be presumed innocent so long as his guilt has not been proven according
to law.” In the criminal sphere, the Inter-American Court has indicated that the principle of
presumption of innocence constitutes a cornerstone of judicial guarantees.236 The
presumption of innocence means that the accused does not have to prove that he has not
committed the offense of which he is accused, because the burden of proof corresponds to
the accuser.237 Moreover, the accused must have the benefit of the doubt. Thus, authoritative
proof of guilt is an essential requirements for a criminal conviction, and the burden of proof
falls on the accuser and not on the accused. 238 In addition, the principle of presumption of
innocence means that judges do not initiate the trial with a preconceived idea that the accused
has committed the offense with which he is charged. 239
133. The Court has also indicated that gender stereotyping refers to a preconception of
attributes, conducts or characteristics possessed by, or the roles that are or should be
performed by, men and women, respectively. The Court has pointed out that it is possible to
associate the subordination of women to practices based on socially dominant and socially
persistent gender stereotypes. In this regard, their creation and use become a cause and
consequences of gender violence against women, conditions that increase when they are
reflected, implicitly or explicitly, in policies and practices, particularly in the reasoning and
language of state authorities.240 Indeed, even if the use of any type of stereotype is common,
it becomes harmful when it limits an individual’s capacity to develop their personal abilities
or becomes a violation or violations of human rights.241 The Court also underlines that the
use of stereotypes by the judicial authorities in their actions may indicate a lack of
impartiality.242
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra, para. 56, and
Case of Ríos Avalos et al. v. Paraguay, supra, para. 119.
235
Cf. Case of Suárez Rosero v. Ecuador. Merits, supra, para. 77, and Case of Amrhein et al. v. Costa Rica, supra,
para. 387.
236
Cf. Case of Ricardo Canese v. Paraguay. Merits, reparations and costs. Judgment of August 31, 2004. Series
C No. 111, para. 154, and Case of Herrera Espinoza et al. v. Ecuador, supra, para. 192.
237
Cf. Case of Zegarra Marín v. Peru. Preliminary objections, merits, reparations and costs. Judgment of February
15, 2017. Series C No. 331, para. 123. The Human Rights Committee of the Covenant on Civil and Political Rights
has ruled similarly. Human Rights Committee. General Comment No. 32, The right to equality before courts and
tribunals and to a fair trial (HRI/GEN/1/Rev.9 (vol. I)), para. 30.
238
Cf. Case of Cabrera García and Montiel Flores v. Mexico, supra, para. 184, and Case of Rodríguez Revolorio
et al. v. Guatemala, supra, para. 109.
239
Cf. Case of González et al. (“Cotton Field”)v. Mexico. Preliminary objection, merits, reparations and costs.
Judgment of November 16, 2009. Series C No. 205, para. 401, and Case of Guzmán Albarracín et al. v. Ecuador.
Merits, reparations and costs. Judgment of June 24, 2020. Series C No. 405, para. 188.
240
Cf. Office of the United Nations High Commissioner for Human Rights, Background paper on the role of the
judiciary in addressing the harmful gender stereotypes related to sexual and reproductive health and rights, p. 2.
Available at: https://www.ohchr.org/Documents/Issues/Women/WRGS/JudiciaryRoleCounterStereotypes_EN.pdf
241
Cf. CEDAW, General recommendation No. 33 on women’s access to justice, CEDAW/C/GC/33, August 3, 2015,
paras. 26 to 28, and Office of the United Nations High Commissioner for Human Rights, Background paper on the
role of the judiciary in addressing the harmful gender stereotypes related to sexual and reproductive health and
242
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