30
form of discrimination that seriously impairs women’s ability to exercise and enjoy their rights and
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freedoms on an equal footing with men.
134.
Violence against women, discrimination and due diligence are also closely interrelated.
The CEDAW Committee has observed that violence against women is a form of discrimination and that
discrimination is not limited to acts committed by governments or on their behalf; States may also be held
accountable for the acts of private persons if they fail to act with due diligence in investigating and
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punishing the acts of violence and making reparations to the victims.
According to the United Nations
Commission on Human Rights, “all forms of violence against women occur within the context of de jure
and de facto discrimination against women and the lower status accorded to women in society and are
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exacerbated by the obstacles women often face in seeking remedies from the State.”
135.
The Inter-American Court has written that the lack of due diligence that leads to impunity,
engenders further incidents of the very violence that was to be targeted, and is itself a form of
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discrimination in access to justice.
Specifically with regard to the impunity that attends cases of
violence against women in Guatemala, in 2004 the IACHR observed that “the failure to investigate,
prosecute, and punish those responsible for this violence against women has contributed profoundly to an
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atmosphere of impunity that perpetuates the violence against women in Guatemala.”
The IACHR also
noted that “[t]he state must urgently intensify its efforts to combat the violence and discrimination against
women by measures including applying due diligence to investigating and solving crimes of violence
against women, by bringing those responsible to justice and punishing them, as well as by providing
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access to protection measures and support systems for victims.”
It also underscored that it “is
essential that the state should not only concern itself about this problem of violence against women, but
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also should concern itself with providing effective solutions.”
136.
Article 7 of the Convention of Belém do Pará sets out a set of related obligations
immediately incumbent upon the State, in order to effectively prevent, investigate, punish and redress
cases of violence against women. They include the following:
a.
refrain from engaging in any act or practice of violence against women and to ensure that
their authorities, officials, personnel, agents, and institutions act in conformity with this obligation;
b. apply due diligence to prevent, investigate and impose penalties for violence against women;
c. include in their domestic legislation penal, civil, administrative and any other type of provisions
that may be needed to prevent, punish and eradicate violence against women and to adopt
appropriate administrative measures where necessary;
d. adopt legal measures to require the perpetrator to refrain from harassing, intimidating or
threatening the woman or using any method that harms or endangers her life or integrity, or
damages her property;
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See, See, IACHR, Report No. 80/11, Case 12.626, Jessica Lenahan (Gonzales) et al. (United States), July 21, 2011.
IACHR, Access to Justice for Women Victims of Violence in the Americas, Section I, Introduction, Obstacles women encounter
when seeking redress for acts of violence: an analysis of the present situation, paragraph 65.
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United Nations, CEDAW, General Recommendation 19.
161
United Nations Commission on Human Rights Resolution 2003/45. European Court of Human Rights, Case of Opuz v.
Turkey. Application No. 33401/02 of June 9, 2009.
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I/A Court H.R. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, paragraph 400.
163
IACHR, Press Release 20/04, The IACHR Special Rapporteur Evaluates the Effectiveness of the Right of Women in
Guatemala to Live Free from Violence and Discrimination, Washington, D.C., September 18, 2004, paragraph 32.
164
IACHR, Press Release 20/04, The IACHR Special Rapporteur Evaluates the Effectiveness of the Right of Women in
Guatemala to Live Free from Violence and Discrimination, Washington, D.C., September 18, 2004, paragraph 32.
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IACHR, Press Release 20/04, The IACHR Special Rapporteur Evaluates the Effectiveness of the Right of Women in
Guatemala to Live Free from Violence and Discrimination, Washington, D.C., September 18, 2004, paragraph 32.