- 67 -
the American Convention necessarily results in the violation of Article 5(1) thereof.267 The
violation of the right to physical and mental integrity has different connotations of degree and
ranges from torture to other types of abuse or cruel, inhuman, or degrading treatment, the
physical and mental aftereffects of which vary in intensity based on endogenous and exogenous
factors (including duration of the treatment, age, sex, health, context and vulnerability) that must
be analyzed in each specific situation.268
178. The Court has established that torture and cruel, inhuman or degrading treatment or
punishment are absolutely and strictly prohibited by the international human rights law. This
prohibition is absolute and non-derogable, even in the most difficult circumstances, such as war,
threat of war, the fight against terrorism and any other crime, state of siege or emergency,
internal unrest or conflict, suspension of constitutional guarantees, internal political instability or
other public emergencies or disasters 269 and, nowadays, it forms part of the domain of
international jus cogens.270 Universal271 and regional272 treaties establish this prohibition and the
non-derogable right not to be subjected to any form of torture.
179. Furthermore, in cases that involve any form of sexual violence, it has been established that
violations of personal integrity involve the violation of the private life of the individual, protected
by Article 11 of the Convention, which encompasses the sexual life or sexuality of the
individual.273 Sexual violence violates essential values and aspects of an individual’s private life,
involves an intrusion in their sexual life and annuls their right to freely take decisions regarding
with whom they have sexual relations, thus causing them to lose complete control over their most
personal and intimate decisions, and over their basic bodily functions. 274
180. In addition, the Court notes that, in this case, the general obligations derived from Articles 5
and 11 of the American Convention are reinforced by the specific obligations arising from the
Inter-American Convention against Torture and the Convention of Belém do Pará. Article 7 of the
Cf. Case of Yvon Neptune v. Haiti, Merits, reparations and costs. Judgment of May 6, 2008. Series C No. 180, para.
129, and Case of Quispialaya Vilcapoma v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
November 23, 2015. Series C No. 308, para. 125.
267
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, paras. 57 and 58,
and Case of López Soto et al. v. Venezuela. Merits, reparations and costs. Judgment of September 26, 2018. Series C No.
362, para. 185.
268
Cf. Case of Lori Berenson Mejía v. Peru. Merits, reparations and costs. Judgment of November 25, 2004. Series C No.
119, para. 100, and Case of Quispialaya Vilcapoma v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of November 23, 2015. Series C No. 308, para. 126.
269
Cf. Caesar v. Trinidad and Tobago. Merits, reparations and costs. Judgment of March 11, 2005. Series C No. 123,
para. 100, and Case of Herzog et al. v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of March
15, 2018. Series C No. 353, para. 220.
270
Cf. International Covenant on Civil and Political Rights, Article 7; Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, Article 2; Convention on the Rights of the Child, Article 37, and
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Article 10.
271
Cf. Inter-American Convention to Prevent and Punish Torture, Articles 1 and 5; African Charter of Human and
Peoples’ Rights, Article 5; African Charter on the Rights and Welfare of the Child, Article 16; Convention of Belém do Pará,
Article 4, and European Convention on Human Rights, Article 3.
272
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of
August 30, 2010. Series C No. 215, para. 129, and Case of López Soto et al. v. Venezuela. Merits, reparations and costs.
Judgment of September 26, 2018. Series C No. 362, footnote 206.
273
Cf. Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27, 2013. Series
C No. 275, para. 367, and Case of Espinoza Gonzales v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of November 20, 2014. Series C No. 289, para. 197.
274