83.
Finally, the Commission recalls that gender-based violence, as sexual violence against a
woman or girl may be, is a form of discrimination against women. 147 In this sense, both the Convention of
Belém do Pará (preamble and Article 6) and the Convention for the Elimination of All Forms of Discrimination
against Women (preamble) have recognized the connection that exists between violence against women and
discrimination.
1.2.
Considerations regarding children who are victims of rape or sexual violence
84.
Both the Commission and the Court have stressed that sexual violence against minor-aged
girls triggers specific obligations on the part of the State as regards its duty of responding to such cases and of
taking into account the need to provide the victim with special protection.
85.
In particular, the IACHR has emphasized that in the case of girls, sexual violence is more
serious since they are objects of protection and not subjects of rights. 148 In addition, the Commission has
maintained that girls often do not involve the justice system in such cases out of fear of reprisals, “or simply
because they assume that sexual violence is ‘normal’.”149
86.
Similarly, the European Court has ruled that cases of sexual violence against children have
an extremely profound impact, particularly when the assailant is in a position of authority or control with
respect to the victim.150 That serves to accentuate the child’s situation of vulnerability by placing him or her
in a situation of no protection.151
87.
Accordingly, the European Court has underscored the State’s heightened duty of diligence in
dealing with the possible rape of a girl. 152 States are required to take the steps necessary to punish the guilty
through an appropriate investigation, which must include taking statements from the persons involved and
carrying out medical and psychological examinations. 153
88.
Similarly, the Committee on the Rights of the Child has ruled as follows:
Investigation of instances of violence, whether reported by the child, a representative or an
external party, must be undertaken by qualified professionals who have received role-specific
and comprehensive training, and require a child rights-based and child-sensitive approach.
Rigorous but child-sensitive investigation procedures will help to ensure that violence is
correctly identified and help provide evidence for administrative, civil, child-protection and
criminal proceedings. Extreme care must be taken to avoid subjecting the child to further
harm through the process of the investigation. Towards this end, all parties are obliged to
invite and give due weight to the child’s views.154
89.
Likewise, the Committee on the Rights of the Child has held that children who have been the
victims of acts of violence, including sexual violence, “should be treated in a child-friendly and sensitive
147 Inter-American Court. Case of Veliz Franco et al. v. Guatemala. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of May 19, 2014. Series C No. 277, para. 207.
148
IACHR, Access to Justice for Women Victims of Sexual Violence: Education and Health, December 28, 2011, para. 13.
149
IACHR, Access to Justice for Women Victims of Sexual Violence: Education and Health, December 28, 2011, para. 20.
150
ECHR, O’Keeffe v. Ireland, Judgment of January 28, 2014, para. 153.
151
ECHR, C.A.S. and C.S. v. Romania, Judgment of September 24, 2012, para. 71.
152
ECHR, I.G. v. Moldova, Judgment of August 15, 2012, para. 42.
153
ECHR, I.G. v. Moldova, Judgment of August 15, 2012, paras. 42-45.
UN, Committee on the Rights of the Child, General Comment No. 13, The right of the child to freedom from all forms of
violence, April 18, 2011, para. 51.
154