22. In cases of violence against women, the general obligations established in Articles 8 and 25 of the
Convention are complemented and enhanced by the obligations arising from the Convention of Belém do Pará.
In articles 7(b) and 7(f), that Convention requires States to act with due diligence to, among other things,
investigate and punish violence against women and establish fair and effective legal procedures for protecting
women experiencing violence, including with a timely trial and effective access to such proceedings. States
should take measures and establish strategies for comprehensive protection, anticipating risk factors and
strengthening institutions to provide an effective response to cases of violence against women, as in addition
to the general obligations established in the Convention, they have also had an enhanced obligation under the
Convention of Belém do Pará since it came into force.139 Therefore, when an act of violence against a woman is
reported, it is particularly important that the authorities in charge of the investigation conduct it in a resolute
and effective manner, taking into account society’s obligation to reject violence against women and the State’s
obligation to eliminate it and secure the victims’ trust in the State institutions for their protection.140
23. In cases of violence against adult women, the Inter-American Court has repeatedly found States have the
following minimum obligations:
[…]. Among other things, a criminal investigation into sexual violence should include the following: i) the
statement should be made in a safe and secure environment that provides privacy and instils confidence; ii) the
statement should be recorded in order to avoid or limit the need for its repetition; iii) provide both emergency
and, if necessary, continuing medical, prophylactic and psychological care to the victim, using a treatment protocol
aimed at lessening the consequences of the offense; iv) a complete and detailed medical and psychological
appraisal should be made by suitably-trained personnel, if possible of the sex indicated by the victim, advising the
latter that she may be accompanied by someone she trusts if she so wishes; v) investigation procedures are
documented and coordinated and the evidence is processed diligently, taking sufficient samples, performing tests
to determine the possible perpetrator of the act, preserving other evidence such as the victim’s clothes, inspecting
the scene of the incident immediately, and ensuring the proper chain of custody; vi) free legal assistance is
provided to the victim during all stages of the proceedings, and (vii) both emergency and, if necessary, continuing
medical, prophylactic and psychological care are provided to the victim, using a treatment protocol aimed at
lessening the consequences of the offense. Likewise, in cases of allegations of violence against women, the criminal
investigation must include a gender perspective and be conducted by officials who are trained in such cases and
in dealing with victims of discrimination and gender-based violence.141
24. Below, the standards more specifically related to investigating reports of violence or rape of girls and
adolescents will be reviewed.
25. Article 9 of the Convention of Belém do Pará requires States to take into account the situation of special
vulnerability of certain women, including minors. As the Court has found, “In the case of girls, this vulnerability
to human rights violations can be contextualized and enhanced by factors of historic discrimination that have
contributed to women and girls suffering higher rates of sexual violence, especially domestically.”142
26. Likewise, in cases of violence a against girls and adolescents, pursuant to Article 19 of the Convention,
States have an enhanced obligation to adopt targeted measures and special protection.143 In this regard, it must
be noted that, as the United Nations Committee on the Rights of the Child (CRC) stated in its General Comment
13 (2011)144 the term “violence” includes not only physical or intentional forms of harm but all the forms of
Inter-American Court. Judgment, Cotton Field, para. 258.
Inter-American Court. Case of Fernández Ortega et al. v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of
August 30, 2010. Series C No. 215, para. 193.
141 Inter-American Court. Case of the Nova Brasília favela v. Brazil. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
February 16, 2017. Series C No. 333, para. 254.
142 Inter-American Court. Judgment of V.R.P., V.P.C. et al., para. 156.
143 Inter-American Court. Judgment of V.R.P., V.P.C. et al., paras. 155-157.
144 CRC. General Comment No. 13 (2011). The right of the child to freedom from all forms of violence. CRC/C/GC/13, April 18, 2011 (General
Comment 13).
139
140
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