59
Mrs. García Depaz had no choice in the matter, as she was forced to work against her will and under
threat.
255.
The Commission therefore considers that the Guatemalan State is responsible for
violation of Article 6(2) of the American Convention, read in conjunction with Article 1(1) thereof, to the
detriment of Juana García Depaz.
2.5.3. Freedom of movement and residence (Article 22 of the American Convention, read in
conjunction with Article 1(1) thereof)
256. The Inter-American Court has written that Article 22(1) of the Convention “protects the
342
right to not be forcefully displaced within a State Party to the Convention.”
Here, the Court has held
that the United Nations Guiding Principles on Internal Displacement are particularly relevant in
determining the content and scope of Article 22 of the American Convention.343 Those principles state
that “[f]or the purposes of these Principles, internally displaced persons are persons or groups of
persons who have been forced or obliged to flee or to leave their homes or places of habitual residence,
in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized
violence, violations of human rights […], and who have not crossed an internationally recognized State
border.”344
257.
Thus, the Court has held that:
[…] given the complexity of the phenomenon of internal displacement and the wide range of
human rights that are violated or put at risk, and considering the special vulnerability or
defenselessness that is generally the lot of the displaced, their situation can be understood as de
facto lack of protection. […] Under the American Convention, this situation requires that States
take positive measures to reverse the effects of displaced persons’ weakness, vulnerability and
345
defenselessness, including with respect to the actions and practices of third parties.
258.
As for the forced displacement of indigenous peoples driven from their community, the
Court has held that this can make them particularly vulnerable because the destructive consequences
for the ethnic and cultural fabric exposes indigenous peoples to the real risk of cultural or physical
346
extinction. It is imperative that States take specific measures of protection that take into account the
342
I/A Court H.R., Case of the Mapiripán Massacre v. Colombia. Merits, Reparations and Costs. Judgment of
September 15, 2005. Series C No. 134, par.188.
343
I/A Court H.R., Case of the Moiwana Community v. Suriname. Preliminary Objections, Merits, Reparations and
Costs. Judgment of June 15, 2005. Series C No. 124, par.111; Case of Chitay Nech et al. v. Guatemala. Preliminary Objections,
Merits, Reparations and Costs. Judgment of May 25, 2010, Series C No. 212, par.140; and Case of the Río Negro Massacres v.
Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment of September 4, 2012. Series C No. 250, par.173.
344
Commission on Human Rights,
E/CN.4/1998/53/Add.2, February 11, 1998.
United
Nations
Guiding
Principles
on
Internal
Displacement,
345
I/A Court H.R., Case of Chitay Nech et al. v. Guatemala. Preliminary Objections, Merits, Reparations and Costs.
Judgment of May 25, 2010. Series C No. 212, par.141.
346
I/A Court H.R., Case of the Río Negro Massacres v. Guatemala. Preliminary Objection, Merits, Reparations and
Costs. Judgment of September 4, 2012. Series C No. 250, par.177.