1.
Rights to humane treatment, personal liberty, privacy, dignity and autonomy, equal
protection and nondiscrimination, and to not be subject to torture or violence (articles 5(1),
5(2),215 7(1),216 11,217 24,218 and 1(1)219 of the American Convention; 7(a) and (b) of the
Convention of Belem do Pará,220 and 1 and 6 of the ICPPT221)
1.1.
Analysis of the initial duty of the State to respond to the disappearance of Linda Loaiza
López
1.1.1. General considerations on the duty to prevent in response to violations committed by
non-State actors including acts of violence against women and sexual violence
157.
The Inter-American Court has established that Article 1.1 of the American Convention
“charges the States Parties with the fundamental duty to respect and guarantee the rights recognized in the
Convention. Any impairment of those rights which can be attributed under the rules of international law to
the action or omission of any public authority constitutes an act imputable to the State, which assumes
responsibility in the terms provided by the Convention.”222 Thus, “an illegal act which violates human rights
and which is initially not directly imputable to a State (for example, because it is the act of a private person or
because the person responsible has not been identified) can lead to international responsibility of the State,
not because of the act itself, but because of the lack of due diligence to prevent the violation or to respond to it
as required by the Convention.”223
215
Article 5 of the Convention establishes the following:
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived
of their liberty shall be treated with respect for the inherent dignity of the human person (...).
216
Article 7 of the Convention establishes the following:
1. Every person has the right to personal liberty and security (...).
217
Article 11 of the American Convention establishes that:
1. Everyone has the right to have his honor respected and his dignity recognized.
2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, or
of unlawful attacks on his honor or reputation.
218
Article 24 of the American Convention establishes that:
All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.
219
Article 1(1) of the American Convention establishes that:
The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex,
language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.
220
Article 7 of the Convention of Belém do Pará establishes that:
The States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without
delay, policies to prevent, punish and eradicate such violence and undertake to: 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 (...).
221
Article 1 of the ICPPT establishes:
The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.
Article 6 of the ICPPT establishes the following:
In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within
their jurisdiction.
222
Inter-American Court, Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 164.
223
Inter-American Court, Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 172.