73 205. The principle of equal and effective protection by the law and non-discrimination is an salient element of the system for the protection of human rights established in numerous international instruments and developed by legal doctrine and case law. 307 At the actual stage of the evolution of international law, the fundamental principle of equality and nondiscrimination has entered the realm of jus cogens. The juridical structure of national and international public order is based on this principles and it permeates the whole legal system.308 206. The Court has also established that States must abstain from actions that, in any way, are addressed, directly or indirectly, at creating situations of discrimination de jure or de facto.309 States are obliged to adopt positive measures to reverse or change any discriminatory situations which exist in their societies that prejudice a specific group of individuals. This entails the special duty of protection that the State must exercise with regard to the acts and practices of third parties that, with its tolerance or acquiescence, maintain or encourage discriminatory situations.310 207. The Court considers that gender-based violence – that is, violence directed against a woman because she is a woman, or violence that affects women disproportionately – is a form of discrimination against women, as indicated by other international bodies involved in the protection of human rights, such as the European Court of Human Rights and CEDAW.311 Both the Convention of Belém do Pará (preamble and Article 6) and the Convention for the Elimination of All Forms of Discrimination against Women (preamble) have recognized the connection that exists between violence against women and discrimination. Similarly, the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul, 2011) recognizes that “violence against women is a manifestation of historically unequal power relations between women and men, which have led to domination over, and discrimination against, women by men and to the prevention of the full development of women,” and also “the structural nature of violence against women as gender-based violence.”312 208. The Court reiterates that the ineffectiveness of the courts in individual cases of violence against women encourages an environment of impunity that facilitates and promotes the general repetition of such acts of violence and sends a message that violence against women can be tolerated and accepted, which encourages its perpetuation and society’s acceptance of the phenomenon, the perception and sensation of insecurity for women, and also their continued lack of confidence in the system for the administration of justice.313 This ineffectiveness or indifference is, in itself, discrimination against women in access to justice.314 Consequently, when there are specific indications or suspicions of gender-based violence, the failure of the authorities to investigate the possible 307 Cf. Case of the Xákmok Kásek Indigenous Community v. Paraguay. Merits, reparations and costs. Judgment of August 24, 2010. Series C No. 214, para. 269, and Case of Nadege Dorzema et al., supra, para. 225. 308 Cf. Juridical Status and Rights of Undocumented Migrants, supra, para. 101, and Case of Nadege Dorzema et al., supra, para. 225. 309 Cf. Juridical Status and Rights of Undocumented Migrants, supra, para. 103, and Case of Nadege Dorzema et al., supra, para. 236. 310 Cf. Juridical Status and Rights of Undocumented Migrants, supra, para. 104, and Case of Nadege Dorzema et al., supra, para. 236. 311 Cf. Case of the Miguel Castro Castro Prison, supra, para. 303, and Case of González et al. (“Cotton Field”), supra, paras. 394 to 402. See also, EHCR, Opuz v. Turkey, Judgment of 9 June 2009, para. 200, and CEDAW, General recommendation 19: Violence against women (1992), paras. 1 and 6. 312 Preamble to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul, 2011). This Convention has not entered into force yet due to insufficient ratifications (10 ratifications are required). 313 314 Cf. Case of González et al. (“Cotton Field”), supra, paras. 388 and 400. Cf. Case of González et al. (“Cotton Field”), supra, and United Nations Development Programme, supra, para. 400.