96 333. The obligation of States to act with due diligence includes facilitating access to suitable and effective judicial recourse vis-à-vis human rights violations.472 The Inter-American Court has established that every person who has been the victim of a human rights violations “has the right to obtain clarification of the events that violated human rights and the establishment of the corresponding responsibilities from the competent organs of the State, through the investigation and prosecution that are established in Articles 8 and 25 of the Convention.”473 The Court has also emphasized that the power of access to justice must ensure, within a reasonable period of time, the right of the alleged victims, or their next of kin, to everything necessary being done to learn the truth of what happened and for those eventually found to be responsible to be punished.474 Investigations into human rights violations must be immediate, serious, and exhaustive.475 1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 2. The States Parties undertake: a. To ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state; b. To develop the possibilities of judicial remedy; and c. To ensure that the competent authorities shall enforce such remedies when granted. 471 Article 7 of the Convention of Belém do Pará establishes: 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; 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; d. adopt measures to require the perpetrator to refrain from harassing, intimidating or threatening the woman or using any method that harms or endangers her life or integrity, or damages her property; e. take all appropriate measures, including legislative measures, to amend or repeal existing laws and regulations or to modify legal or customary practices which sustain the persistence and tolerance of violence against women; 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; and h. adopt such legislative or other measures as may be necessary to give effect to this Convention. 472 IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc.68, January 20, 2007. 473 IA Court of HR, Case of Barrios Altos v. Peru. Judgment March 14, 2001, Series C No. 75, par. 48. 474 See IA Court of HR, Case of the Miguel Castro Castro Prison v. Peru, Judgment November 25, 2006. Series C No. 160, par. 382, citing Case of Vargas Areco; IA Court of HR, Case of the Massacres of Ituango v. Colombia. Judgment July 1, 2006. Series C No. 148, par. 289; and IA Court of HR, Case of the Massacre of Pueblo Bello. Judgment January 31, 2006. Series C No. 140, par. 171. 475 I/A Court H.R., Case of Godínez Cruz v. Honduras. Judgment of January 20, 1989. Series C No. 5, para. 188; I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988. Series C No. 4, para. 177; I/A Court H.R., The “Street Children” (Villagrán Morales et al.) v. Guatemala. Judgment of November 19, 1999. Series C No. 63, para. 226.

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