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Impacts of Cases of Discrimination and Violence Against Women, Girls and Adolescents

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Impacts of Cases of Discrimination and Violence Against Women, Girls and Adolescents OEA/Ser.L/V/II. Doc. 233 14 November 2019 Original: English Annex 2 Impacts of Cases of Discrimination and Violence against Women, Girls and Adolescents Violence and Discrimination against Women and Girls: Best Practices and Challenges in Latin America and the Caribbean 2019 iachr.org INDEX INTRODUCTION 5 A. Background, Scope and Purpose of the Report 5 B. Methodology and Structure 10 CHAPTER 1 | PROTECTION OF WOMEN AND GIRLS AGAINST VIOLENCE AND DISCRIMINATION IN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM 15 A. An Overview of the Cases 16 1. Case 11.625, Merits Report No. 4/01, María Eugenia Morales de Sierra (Guatemala) 16 2. Case 11.565, Merits Report No. 53/01, Ana, Beatriz and Celia González Pérez (Mexico) 19 3. Case 12.051, Merits Report No. 54/01, Maria da Penha Maia Fernandes (Brazil) 20 4. Case 12.626, Merits Report No. 80/11, Jessica Lenahan (Gonzales) (United States) 23 5. Case 12.551, Merits Report No. 51/13, Paloma Angélica Escobar Ledezma et al. (Mexico) 25 6. Case 11.656, Merits Report No. 122/18, Marta Lucía Álvarez Giraldo (Colombia) 27 B. General Observations 30 CHAPTER 2 | MAIN IMPACTS AND CHALLENGES IN THE IMPLEMENTATION OF RECOMMENDATIONS REGARDING THE PROTECTION OF WOMEN AND GIRLS AGAINST VIOLENCE AND DISCRIMINATION 35 A. Introduction 35 B. Analysis of the Overall Level of Compliance of the Recommendations Issued in Cases of Discrimination and Violence against Women, Girls and Adolescents 37 C. Analysis of the Results, Impacts and Challenges in the Implementation of the Recommendations Issued in Cases of Discrimination and Violence against Women, Girls and Adolescents 40 1. Compensation Measures 40 2. Rehabilitation Measures 43 3. Satisfaction Measures 45 a. Acts of Recognition of Responsibility and Public Apologies 46 b. Construction of Buildings or Monuments in Honor of the Victims 48 4. Truth and Justice Measures 50 5. Non-Repetition or Structural Measures 53 a. Legislative and Regulatory Reform 53 b. Adoption of Public Policies 57 c. Institutional Strengthening 61 D. General Observations 68 CHAPTER 3 | CONCLUSIONS 73 Chapter 1: Protection of Women and Girls against Violence And Discrimination in the Inter-American | 5 Human Rights System INTRODUCTION A. Background, Scope and Purpose of the Report 1. Women, girls and adolescents are at greater risk of becoming victims of discrimination and violence, as their rights tend to be ignored and their needs constantly silenced. Throughout the Americas, women, girls and adolescents encounter different forms of violence and discrimination in employment, education, healthcare, the political sphere, their private lives and other social scenarios. 1 Moreover, the States of the region continue to face numerous challenges in fulfilling their obligations to effectively and adequately respond to historical and structural discrimination, inequality and violence against women, girls and adolescents. 2. Risk factors of violence and discrimination against women, girls and adolescents vary according to the social and cultural scenarios in which these human rights violations occur and are related to both the social and individual contexts of female victims.2 Violence against women, girls and adolescents occurs in both public and private spheres. It can be physical, sexual, psychological, economic, spiritual, obstetric or symbolic, with femicide being its most extreme expression.3 Violence against women, girls and adolescents can be committed or condoned by the State or its agents. 4 It has serious consequences, commonly causing victims “long-term physical, mental and emotional health problems” and, in many cases, resulting in their deaths.5 Further, violence against women, girls and adolescents often results in negative consequences for society as a whole.6 3. The violence inflicted on women, girls and adolescents is increasingly receiving more attention due to its widespread nature. The magnitude of this violence is rooted in the fact that it manifests itself in events that, rather than being isolated 1 IACHR, Strategic Plan 2017-2021, OEA/Ser.L/V/II.161. Doc. 27/17, 20 March 2017, p. 41. 2 IACHR, Legal Standards related to Gender Equality and Women’s Rights in the Inter-American Human Rights System: Development and Application, OEA/Ser.L/V/II.143, 2015, paras. 28 and 43. 3 Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women “Convention Belém do Pará”, Articles 1 and 2; UN, Declaration on the Elimination of Violence against Women, 20 December 1993, A/RES/48/104, article 1. 4 Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women “Convention Belém do Pará”, Article 2; UN, Declaration on the Elimination of Violence against Women, 20 December 1993, A/RES/48/104, Article 2. 5 United Nations, 2015. The World's Women 2015: Trends and Statistics. New York: United Nations, Department of Economic and Social Affairs, Statistics Division. Sales No. E.15.XVII.8, p. 139. 6 Violence Against Women in Latin America and the Caribbean: A comparative analysis of population-based data from 12 countries. Washington, DC: PAHO, 2012, p.1. Inter-American Commission on Human Rights | IACHR 6 | Impacts of cases of discrimination and violence against women, girls and adolescents incidents, constitute a pattern of systematic human rights violations.7 Worldwide, 35 per cent of women have experienced either physical and/or sexual violence by an intimate partner or by a non-partner.8 Throughout the Americas, violence and structural discrimination against women, girls and adolescents remains highly prevalent. 9 According to the United Nations, in 2015, between 14% and 38% of women in Latin America and the Caribbean had experienced intimate partner violence at least once in their lifetime.10 4. The strong predominance of violence against women, girls and adolescents throughout the Americas is connected with the multiple forms of discrimination that affect them. Different manifestations of this discrimination generate increased vulnerability for Indigenous and Afro-descendant women, women with disabilities, women living with HIV/AIDS, children, lesbians, trans women, women in situations of human mobility and women human rights defenders. Further, many women face multiple and intersectional forms of discrimination. 11 All of these forms of discrimination committed against women, girls and adolescents are rooted in patriarchal societies and cultures that have not only excluded them from social participation and decision-making positions, but have also created obstacles regarding the exercise of their economic, social and cultural rights in areas such as healthcare, education, labor, and access to and control of economic resources.12 5. While significant efforts and good practices have been adopted throughout the Americas regarding the protection of the rights of women, girls and adolescents, violence and discrimination against them remains widespread. Therefore, promoting and protecting their rights results in dismantling the historical discrimination that has been inflicted against them and providing them with the opportunity to increase their place, equally and free from violence, in American societies.13 6. The Inter-American Commission on Human Rights (hereinafter the “Inter-American Commission,” “Commission,” or “IACHR”) is a principal organ of the Organization of American States (hereinafter “OAS”), whose main function is to promote and protect human rights in the region through its individual petition and case system, its 7 IACHR, 144/18, IACHR Expresses Concern over Prevalence of Murder and Other Forms of Extreme Violence against Women in Peru, 2 July 2018. 8 UNDP and UN Women, From Commitment to Action: Policies to End Violence Against Women in Latin America and the Caribbean: Regional Analysis Document, 2017. 9 IACHR, Press Release 44/18, On International Women’s Day, the IACHR Urges States to Refrain from Adopting Measures that Would Set Back Respect for and Protection of Women’s Rights, 8 March 2018. 10 UN, The World's Women 2015: Trends and Statistics, 2015, Chapter 6: Violence against women. 11 IACHR, Legal Standards related to Gender Equality and Women’s Rights in the Inter-American Human Rights System: Development and Application, OEA/Ser.L/V/II.143, 2015, paras. 28 and 43. 12 IACHR, Strategic Plan 2017-2021, OEA/Ser.L/V/II.161 Doc.27/17, 20 March 2017, p. 32. 13 IACHR, Combating discrimination and violence against women and girls in Latin America and the Caribbean, Work Plan July 2017 – March 2018, p. 5. Organization of American States | OAS Chapter 1: Protection of Women and Girls against Violence And Discrimination in the Inter-American | 7 Human Rights System monitoring of human rights situations in OAS Member States, and by providing technical assistance and cooperation to States and other actors.14 7. In the implementation of its mandate, the Commission considers that special attention must be paid to persons, communities and groups who have historically been subjected to discrimination.15 The IACHR has further acknowledged that the adoption of a gender and diversity perspective is essential for ensuring the full protection and guarantee of human rights. 16 In this sense, the IACHR has been particularly committed to protecting women’s, girl’s and adolescents’ rights, paying special attention to the obstacles that prevent them from freely and fully exercising their basic rights. 17 The Commission’s actions are guided by the principle Inter- American instruments, including the American Convention
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