91 293. Consequently, Articles 8 and 25 of the Convention signify that the victims of human rights violations should have appropriate judicial remedies to establish whether a human rights violation has been committed and to provide appropriate means to rectify this. Such remedies must also be effective pursuant to Article 25(1) of the Convention; that is, “able to produce the result for which they were conceived.”369 294. When interpreting the text of Article 25(1) of the Convention, the Court has affirmed on other occasions, that the obligation of the State to provide a judicial remedy is not limited to the mere existence of the courts or the formal proceedings or even to the possibility of having recourse to the courts. Rather, the State is obliged to take positive measures to ensure that the remedies it provides through it judicial system are “truly effective to establish whether or not a violation of human rights has occurred and to provide reparation.”370 This means that the mere formal existence of the remedies is not sufficient; rather, in order for them to be considered effective, they must recognize and resolve the factors of real inequality of the justiciables, providing results or responses to the violations of the human rights recognized in the Convention. Thus, the Court has declared that “the inexistence of an effective remedy against violations of the rights recognized in the Convention constitutes a violation of this instrument by the State Party in which this situation exists.”371 295. In cases of violence against women, the general obligations established in Articles 8 and 25 of the American Convention are supplemented and reinforced for those States that are parties, by the obligations arising from the specific inter-American treaty, the Convention of Belém do Pará.372 Article 7 of the Convention of Belém do Pará requires that States take action to prevent, punish and eradicate violence against women by the adoption of a series of measures and public policies that include: 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; […] f. establish fair and effective legal procedures for women who have been subjected to violence which include, among others, protective measures, a timely hearing and effective access to such procedures; g. establish the necessary legal and administrative mechanisms to ensure that women subjected to violence have effective access to restitution, reparations or other just and effective remedies[.] 296. The Court has indicated that, when an act of violence is committed against a woman, it is particularly important that the authorities in charge of the investigation conduct it effectively and with determination, taking into account the duty of society to reject violence against women and the obligations of the State to eradicate it and to ensure that the victims have confidence in the State Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 66, and Case of the Punta Piedra Garífuna Community and its members v. Honduras. Preliminary objections, merits, reparations and costs. Judgment of October 8, 2015. Series C No. 304, para. 241. 369 Case of the Saramaka People v. Suriname. Preliminary objections, merits, reparations and costs. Judgment of November 28, 2007. Series C No. 172, para. 177, and Case of Ruano Torres et al. v. El Salvador. Merits reparations and costs. Judgment of October 5, 2015. Series C No. 303, para. 177. 370 Judicial Guarantees in States of Emergency (Arts. 27.2, 25 and 8 The American Convention on Human Rights). Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 24, and Case of the Kaliña and Lokono Peoples v. Suriname, supra, para. 237. 371 Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 258, and Case of Velásquez Paiz et al. v. Guatemala, supra, paras. 108 and 145. 372

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