29
classified. It is impermissible to subject human beings to differences in treatment that are
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inconsistent with their unique and congenerous character.
130.
as follows:
As for the obligation of nondiscrimination, Article 1(1) of the American Convention reads
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social
condition.
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131.
The Convention of Belém do Pará,
which Guatemala ratified on January 4, 1995,
provides that violence against women is “a manifestation of the historically unequal power relations
between women and men.” Accordingly, it recognizes every woman’s right to be free from violence and
any form of discrimination. The Convention is a reflection of the uniform concern throughout the
hemisphere over the seriousness of the problem of violence against women, its relationship to the
discrimination that women have historically suffered and the need to adopt comprehensive strategies to
prevent, punish and eradicate violence against women. It also observes that the due diligence
obligations have special connotations in the case of violence against women.
132.
For its part, the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) provides that discrimination against women is defined as “any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of
men and women, of human rights and fundamental freedoms in the political, economic, social, cultural,
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civil or any other field.”
According to the Committee on the Elimination of All Forms of Discrimination
against Women, the definition of discrimination includes gender-based violence, that is, violence that is
directed against a woman because she is a woman or that affects women disproportionately. It includes
acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other
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deprivations of liberty.
133.
The close nexus between violence and discrimination is widely recognized in
international and regional instruments for the protection of women’s rights. In the case of María Eugenia
Morales de Sierra, the IACHR expressed its concern over the serious consequences of discrimination
against women and the stereotyped notions of their roles; it also made reference to how discrimination,
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subordination and violence are interrelated.
It also observed that the traditional attitudes that regard
women as subordinate to men or lock them into stereotyped roles, serve to perpetuate widespread practices
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involving violence or coercion, such as family violence and abuse.
Thus, violence against women is a
153
I/A Court H.R., Proposed Amendments to the Naturalization Provision of the Constitution of Costa Rica. Advisory
Opinion OC-4/84 of January 19, 1984. Series A No. 4.
154
32 OAS member states have ratified the Convention of Belém do Pará.
155
United Nations, Convention on the Elimination of All Forms of Discrimination against Women. Guatemala ratified the
Convention on August 12, 1982. Article 1 of the Convention.
156
157
158
United Nations, CEDAW, General Recommendation 19.
IACHR, Merits Report No. 4/01, María Eugenia Morales de Sierra (Guatemala), January 19, 2001.
IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20,2007,
Section I, Introduction, Obstacles women encounter when seeking redress for acts of violence: an analysis of the present situation,
paragraph 65.