DOCSLIB.ORG

Access to Justice for Women Victims of Violence in the Americas

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Access to Justice for Women Victims of Violence in the Americas ORGANIZATION OF AMERICAN STATES INTER-AMERICAN COMMISSION ON HUMAN RIGHTS OEA/Ser.L/V/II. Doc. 68 20 January 2007 Original: Spanish ACCESS TO JUSTICE FOR WOMEN VICTIMS OF VIOLENCE IN THE AMERICAS GENERAL SECRETARIAT ORGANIZATION OF AMERICAN STATES 1889 F. St. N.W. WASHINGTON, D.C. 20006 2007 Internet: http://www.cidh.org E-mail: [email protected] OAS Cataloging-in-Publication Data Acceso a la justicia para las mujeres victimá s de violencia [en las Américas] = Access to justice for women victims of violence in the Americas / [Organización de los Estados Americanos Comisión Interamericana de Derechos Humanos]. p. ; cm. ISBN 0-8270-5074-7 1. Women--Violence against--America. 2. Sex discrimination against women--Law and legislation--America. 3. Women--Crimes against-- Government policy--America. 4. Sex discrimination in justice administration--America. 5. Abused women--Legal status, laws. etc.-- America. 6. Justice, Administration of--America. I. Inter-American Commission on Human Rights. OEA/Ser.L/V/II Doc. 68 Document published thanks to the financial suport of Finland. Positions herein expressed are those of the Inter-American Commission on Human Rights and do not reflect the views of Finland. ACCESS TO JUSTICE FOR WOMEN VICTIMS OF VIOLENCE IN THE AMERICAS TABLE OF CONTENTS Page PREFACE ................................................................................................. v EXECUTIVE SUMMARY ............................................................................vii I. INTRODUCTION .............................................................................1 A. Obstacles women encounter when seeking redress for acts of violence: an analysis of the present situation...........1 B. The report’s legal framework: International provisions and standards that apply to the right of women to access adequate and effective remedies when they are victims of violence ....................................................... 10 1. The due diligence obligation..................................... 11 2. Due diligence and access to judicial protection ........... 19 3. Violence and discrimination...................................... 26 a. The duty to amend discriminatory norms, practices and policies ................................... 31 b. Due diligence and positive antidiscrimination measures.................................................... 41 II. INADEQUACIES IN THE JUDICIAL RESPONSE TO CASES OF VIOLENCE AGAINST WOMEN: OBSTACLES TO THE FULFILLMENT OF THE OBLIGATION TO PRACTICE DUE DILIGENCE AND COMBAT IMPUNITY ............................................. 49 A. Administration of justice: inefficacy and impunity in cases involving violence against women ........................... 49 1. Gaps and irregularities in the investigation of cases involving violence against women............................. 50 2. Flaws in the prosecution and punishment of cases involving violence against women............................. 58 3. Ineffectiveness of preventive mechanisms in protecting women from violence ........................... 69 iii Page 4. Barriers which victims encounter when seeking judicial protection ................................................... 71 5. Structural problems within the justice systems that affect the prosecution of cases involving violence against women .......................................... 75 6. Access to justice for indigenous and Afro-descendant women: discrimination and racism ........................... 81 a. Indigenous women....................................... 82 b. Afro-descendant women............................... 85 B. Laws: problems with their design, interpretation and application ................................................................. 89 1. Gaps and deficiencies in the law .............................. 89 2. Flawed application and interpretation of the laws and implementation of government programs ..... 91 III. PUBLIC EFFORTS TO COMPLY WITH THE DUE DILIGENCE OBLIGATION IN RESPONSE TO ACTS OF VIOLENCE AGAINST WOMEN ....................................................................... 97 A. Efforts in the administration of justice sector ........................ 97 B. The adoption of criminal and civil laws about violence and discrimination against women ..................................... 103 C. The creation of government programs to address violence and discrimination against women......................... 111 IV. CONCLUSIONS AND RECOMMENDATIONS .................................. 116 Anexes ................................................................................................ 127 iv PREFACE During the past two years, and thanks to the support of the government of Finland, the Rapporteurship on the Rights of Women of the Inter-American Commission on Human Rights (IACHR) implemented a series of activities to collect and analyze information, in order to obtain a complete overview of the main challenges that victims of violence against women face when they attempt to access adequate and effective judicial remedies. The IACHR wishes to highlight and recognize the contributions of Susana Villarán, as Commissioner (2002-2005) and Rapporteur on the Rights of Women (2004- 2005), in the consultation process that preceded the preparation of this report. The IACHR acknowledges the contribution of Professor Laura Saldivia to the section of legal framework of the report. Her contribution was prepared as part of the investigation project about "International Standards about Access to Justice" developed in the University of San Andrés in Argentina under the direction of Víctor Abramovich. This investigation has the support of the Ford Foundation. EXECUTIVE SUMMARY 1. The Inter-American Commission on Human Rights (hereinafter the "IACHR" or the "Commission") has repeatedly made the case that de jure and de facto access to adequate and effective judicial remedies is essential to eradicating the problem of violence against women, as is the States’ compliance with their obligation to practice due diligence in prosecuting such acts. And yet the work of the IACHR and of its Rapporteurship on the Rights of Women (hereinafter the "Rapporteurship" or the "Women’s Rapporteurship") reveals that all too often prompt and effective recourse to judicial remedies eludes women victims of violence, even after they report the crimes committed against them. As a consequence, the vast majority of these offenses are never punished and neither the victimized women nor their rights are protected. 2. It is for this reason that the IACHR has prepared this report on the situation of women victims of violence. It examines the major obstacles that women encounter when they seek effective judicial protection to redress acts of violence. In the report, the IACHR draws conclusions and makes recommendations about what States need to do to act with the due diligence necessary to offer an effective and prompt judicial recourse when these incidents occur. The report’s analysis is based on findings drawn from the data compiled from a variety of sources, including the administration of justice systems, civil servants and government representatives, civil society, academia and women of differing races, ethnic backgrounds and socio-economic circumstances. The Rapporteurship has been preparing this report for the last two years, with financial support from the Government of Finland. The information compiled has been coupled with the work of the IACHR: its case decisions, the thematic hearings held at headquarters, its thematic reports, the country reports’ chapters on women’s rights, and in loco visits organized by the IACHR and the Rapporteurship. 3. The regional and international human rights protection systems have identified the right of women to live free from violence and discrimination as a priority challenge. The international instruments adopted to protect women’s right to live free from violence reflect a consensus among States and their acknowledgement of the discriminatory treatment that women have traditionally received in their respective societies, which has exposed them to various forms of violence: sexual, psychological and physical violence, an abusive treatment of their bodies. Those instruments also reflect the commitment that the States have undertaken to adopt measures to ensure the prevention, investigation, punishment and redress of such acts of violence. The fact that the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (hereinafter the "Convention of Belém do Pará") has been ratified by more States than any other instrument of the inter-American system and that most States of this hemisphere have also ratified the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter the "CEDAW") and its optional protocol, signals a regional consensus to the effect that gender-based violence is an open and widespread problem requiring State action to ensure its prevention, investigation, punishment and redress. 4. The inter-American human rights system is based on the premise that access to adequate and effective judicial remedies is the first line of defense in protecting basic rights. The binding instruments for the protection of human rights, such as the American Convention on Human Rights (hereinafter the "American Convention"), the American Declaration of the Rights and Duties of Man (hereinafter the "American Declaration") and the Convention of Belém do Pará uphold the right of women to access adequate judicial
Load more

Recommended publications
  • Indigenous and Tribal People's Rights Over Their Ancestral Lands
    INTER‐AMERICAN COMMISSION ON HUMAN RIGHTS OEA/Ser.L/V/II. Doc. 56/09 30 December 2009 Original: Spanish INDIGENOUS AND TRIBAL PEOPLES’ RIGHTS OVER THEIR ANCESTRAL LANDS AND NATURAL RESOURCES Norms and Jurisprudence of the Inter‐American Human Rights System 2010 Internet: http://www.cidh.org E‐mail: [email protected] OAS Cataloging‐in‐Publication Data Derechos de los pueblos indígenas y tribales sobre sus tierras ancestrales y recursos naturales: Normas y jurisprudencia del sistema interamericano de derechos humanos = Indigenous and tribal people’s rights over their ancestral lands and natural resources: Norms and jurisprudence of the Inter‐American human rights system / [Inter‐American Commission on Human Rights.] p. ; cm. (OEA documentos oficiales ; OEA/Ser.L)(OAS official records ; OEA/Ser.L) ISBN 978‐0‐8270‐5580‐3 1. Human rights‐‐America. 2. Indigenous peoples‐‐Civil rights‐‐America. 3. Indigenous peoples‐‐Land tenure‐‐America. 4. Indigenous peoples‐‐Legal status, laws, etc.‐‐America. 5. Natural resources‐‐Law and legislation‐‐America. I. Inter‐American Commission on Human Rights. II Series. III. Series. OAS official records ; OEA/Ser.L. OEA/Ser.L/V/II. Doc.56/09 Document published thanks to the financial support of Denmark and Spain Positions herein expressed are those of the Inter‐American Commission on Human Rights and do not reflect the views of Denmark or Spain Approved by the Inter‐American Commission on Human Rights on December 30, 2009 INTER‐AMERICAN COMMISSION ON HUMAN RIGHTS MEMBERS Luz Patricia Mejía Guerrero Víctor E. Abramovich Felipe González Sir Clare Kamau Roberts Paulo Sérgio Pinheiro Florentín Meléndez Paolo G. Carozza ****** Executive Secretary: Santiago A.
    [Show full text]
  • Obligation of States to Adapt Their Domestic Legislation to the Inter-American Standards of Human Rights
    COMPENDIUM Obligation of States to Adapt Their Domestic Legislation to the Inter-American Standards of Human Rights OEA/Ser.L/V/II. Doc. 11 25 January 2021 Original: Spanish INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Compendium on the Obligation of States to Adapt Their Domestic Legislation to the Inter-American Standards of Human Rights 2021 iachr.org OAS Cataloging-in Publication Data Inter-American Commission on Human Rights. Compendium on the Obligation of States to adapt their Domestic Legislation to the Inter-American Standards of Human Rights : approved by the Inter-American Commission on Human Rights on January 25, 2021. p. ; cm. (OAS. Official records ; OEA/Ser.L/V/II) ISBN 978-0-8270-7187-2 1. Human rights. 2. Civil rights. I. Title. II. Series. OEA/Ser.L/V/II. Doc.11/21 This document has been develop thanks to the support from the Pan American Development Foundation (PADF) in the framework of the “Regional Human Rights and Democracy Project”, and was made possible by the support of the American People through the United States Agency for International Development (USAID). The contents of this compendium are the sole responsibility of the Inter-American Commission on Human Rights and do not necessarily reflect the views of PADF, USAID or the United States Government. INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Members Joel Hernández García Antonia Urrejola Flávia Piovesan Esmeralda Arosemena Bernal de Troitiño Margarette May Macaulay Julissa Mantilla Falcón Edgar Stuardo Ralón Orellana Acting Executive Secretary María Claudia Pulido Chief of Staff of the Executive Secretariat of the IACHR Norma Colledani Assistant Executive Secretary for Monitoring, Promotion and Technical Cooperation María Claudia Pulido Assistant Executive Secretary for Cases and Petitions Marisol Blanchard Vera Approved by the Inter-American Commission on Human Rights on January 25, 2021 TABLE OF CONTENTS INTRODUCTION 9 A.
    [Show full text]
  • Part I Introduction to the Inter-American System For
    PART I INTRODUCTION TO THE INTER-AMERICAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS PART I: INTRODUCTION TO THE INTER-AMERICAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS 1.1 The Organization of American States: The Development of the Human Rights System The Organization of American States (“OAS” or “the Organization”) is a regional inter-governmental organization which includes thirty-five Member States: the independent nations of North, Central and South America and the Caribbean.1 Cuba remains a member, but its Government has been excluded from participation in the OAS since 1962. The OAS has also granted Permanent Observer status to fifty-seven States and to the European Union. The OAS Charter (“Charter”), the Organization’s constituting instrument, is a multilateral treaty that was adopted and opened for signature in Bogotá, Colombia in 1948; it entered into force in December 1951.2 The Charter was subsequently amended by the Protocol of Buenos Aires in 19673 and by the Protocol of Cartagena de Indias in 1985.4 In 1992 and 1993, two additional amending Protocols were signed: the Protocol of Washington5 and the Protocol of Managua.6 The Protocol of Washington entered into force in 1997 once it was ratified by two-thirds of the Member States, and the Protocol of Managua came into force on January 29, 1996. The Charter makes very few express references to human rights. Article 3(l) establishes that the “American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex.” Article
    [Show full text]
  • Human Rights of Indigenous Women in the Americas
    OEA/Ser.L/V/II. Doc. 44/17 17 April 2017 Original: Spanish INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Indigenous Women and Their Human Rights in the Americas 2017 www.iachr.org OAS Cataloging-in-Publication Data Inter-American Commission on Human Rights. Indigenous women and their human rights in the Americas. p. ; cm. (OAS. Official records; OEA/Ser.L/V/II) ISBN 978-0-8270-6659-5 1. Indigenous women--Civil rights--America. 2. Women’s rights--America. 3. Human rights--America. I. Title. II. Series. OEA/Ser.L/V/II. Doc.44/17 Report produced thanks to the financial support of the State of Denmark and the organization IWGIA. The positions herein expressed are those of the Inter-American Commission on Human Rights (IACHR) and do not reflect the views of the State of Denmark or of IWGIA. INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Members Francisco José Eguiguren Praeli Margarette May Macaulay Esmeralda Arosemena de Troitiño José de Jesús Orozco Henríquez Paulo Vannuchi James L. Cavallaro Executive Secretary Paulo Abrão Assistant Executive Secretary Elizabeth Abi-Mershed Approved by the Inter-American Commission on Human Rights on April 17, 2017. INDEX CHAPTER 1 | EXECUTIVE SUMMARY AND INTRODUCTION 9 CHAPTER 2 | THE INTER-AMERICAN SYSTEM OF HUMAN RIGHTS AND THE SITUATION OF INDIGENOUS WOMEN 17 A. IACHR Hearings 17 B. The IACHR and individual cases concerning indigenous women 18 C. Cases decided by the Inter-American Court 19 D. IACHR Thematic and Country Reports 21 CHAPTER 3 | GUIDING PRINCIPLES AND LEGAL BASIS OF THE REPORT 29 A. The need for a holistic approach 29 B.
    [Show full text]
  • The Promise and Limitations of International Human Rights Activism
    H UMAN R IGHTS & H UMAN W ELFARE The Promise and Limitations of International Human Rights Activism By Rebecca Evans Breaking Silence: The Case that Changed the Face of Human Rights by Richard Alan White. Washington D.C.: Georgetown University Press, 2004. 320 pp. International human rights doctrine and international law have increasingly come to recognize that the international community has an interest in and responsibility to uphold fundamental human rights. This recognition means that states have come under increasing scrutiny for the way in which they treat their own citizens. Although some scholars continue to maintain that universal human rights do not challenge national sovereignty or state control (for example, see Krasner 2001), the immunity that state officials enjoyed from external interference in their domestic affairs has eroded quite significantly over the past fifteen years. As Andrea Bianchi notes, “while state sovereignty remains one of the pillars on which the system hinges, its actual content has undergone a gradual process of erosion. Matters which once indisputably belonged to the domestic jurisdiction of states, such as the way a state treats persons under its jurisdiction, nowadays may be the object of international scrutiny” (Bianchi 1999: 117). While realists dismiss such scrutiny as meaningless and ineffectual, they fail to recognize that casting a spotlight on violations of internationally recognized human rights is the first step in holding violators accountable for their actions. Although it ultimately remains the responsibility of national governments to make respect for human rights effective, the international human rights community wields significant power in its ability to “name and shame” violators.
    [Show full text]
  • Annual Report of the Inter-American Commission on Human Rights 2019
    OEA/Ser.L/V/II. Doc. 5 24 February 2020 Original: Spanish Annual Report of the Inter-American Commission on Human Rights 2019 ANNUAL REPORT OF THE SPECIAL RAPPORTEURSHIP ON ECONOMIC, SOCIAL, CULTURAL AND ENVIRONMENTAL RIGHTS (SRESCER) Working for the indivisibility, interdependence and effective protection of all human rights for all people in America "Until dignity becomes the norm" Soledad García Muñoz Special Rapporteur on Economic, Social, Cultural and Environmental Rights Contents CHAPTER I: GENERAL INFORMATION ..................................................................................................................... 5 A. Introduction ....................................................................................................................................................... 5 B. Main activities of the Special Rapporteur on ESCER ........................................................................ 7 1) Petitions and Cases System ......................................................................................................................... 8 2) Participation in IACHR sessions and public hearings ...................................................................... 8 3) Monitoring Activities ................................................................................................................................... 11 4) Mandate of Promotion and Technical Assistance Activities ........................................................ 12 5) San Salvador Protocol Working Group of the OAS .........................................................................
    [Show full text]
  • Criminalization of the Work of Human Rights Defenders
    OEA/Ser.L/V/II. Doc. 49/15 31 December 2015 Original: Spanish INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Criminalization of the Work of Human Rights Defenders 2015 www.iachr.org OAS Cataloging-in-Publication Data Inter-American Commission on Human Rights. Criminalization of the Work of Human Rights Defenders / Inter-American Commission on Human Rights. v. ; cm. (OAS. Documentos oficiales ; OEA/Ser.L) ISBN I. Title. II. Series. OAS. Documentos oficiales ; OEA/Ser.L. OEA/Ser.L/V/II.Doc. 49/15 Document published thanks to the financial support of the Open Society Foundations and the Swedish International Development Cooperation Agency, (Sida). The positions herein expressed are those of the Inter-American Commission on Human Rights (IACHR) and do not reflect the views of the Open Society Foundations, or the Swedish International Development Cooperation Agency, (Sida). INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Members Rose-Marie Belle Antoine James L. Cavallaro José de Jesús Orozco Henríquez Felipe González Rosa María Ortiz Tracy Robinson Paulo Vannuchi Executive Secretary Emilio Álvarez-Icaza Longoria Assistant Executive Secretary Elizabeth Abi-Mershed Approved by the Inter-American Commission on Human Rights on December 31, 2015. TABLE OF CONTENTS EXECUTIVE SUMMARY 11 CHAPTER 1 | INTRODUCTION 15 A. Objective of the report 15 B. The importance of human rights defenders and recognition of the right to defend human rights 18 C. Link between democracy and the role of human rights defenders 20 D. Methodology and structure of the report 21 CHAPTER 2 | MISUSE OF CRIMINAL LAW TO CRIMINALIZE THE WORK OF HUMAN RIGHTS DEFENDERS 27 A. Contexts in which the misuse of criminal law is observed and groups most affected by this practice 28 B.
    [Show full text]
  • The Paraguayan Media and Democratic Transition, 1980S-1990S
    Hard Pressed: The Paraguayan Media and Democratic Transition, 1980s-1990s ___________________________________ A Thesis Presented to The Honors Tutorial College Ohio University __________________________________ In Partial Fulfillment of the Requirements for Graduation from the Honors Tutorial College with the degree of Bachelor of Science in Journalism __________________________________ By Emily R. Grannis June 2010 This thesis has been approved by The Honors Tutorial College and the E.W. Scripps School of Journalism Dr. Patrick Barr-Melej Professor, History Thesis Advisor Dr. Bernhard Debatin Honors Tutorial College, Director of Studies Journalism Jeremy Webster Dean, Honors Tutorial College Acknowledgements While countless people have helped make this project happen, I owe special thanks to the Heinichen family in Asunción. They were kind enough to share their home, food, lives and wisdom. I was deeply touched by their generosity and openness. I will also be forever grateful for the warmth and friendliness of the other Paraguayan people I met and interacted with, be they sources who appear in this work, or others, like a particular taxi driver, who took me under their wing. (Aunque una gran cantidad de gente han auydado con este projecto, se lo agradezco especialmente a la familia Heinichen en Asunción. Fueron tan amables a compartir su casa, su comida, sus vidas y su sabiduría Su generosidad y sinceridad me emocionaron mucho. También agradezco la cordialidad y simpatía de los otros Paraguayos que conocí, incluso los entrevistados que aparecen en esta tesis y otros, como un taxista, que me ayudaron mucho.) Table of Contents Introduction …………………………………………………………………. 1 Chapter 1: The Backstory …………………………………………………… 9 Chapter 2: A Press Oppressed: Media Under Authoritarianism …………….
    [Show full text]
  • Paraguay and Child Protection Against Abuse and All Forms of Violence 2 in the New 2015-2030 Sustainable Development Agenda
    COUNTRY ACTION PLAN NATIONAL SECRETARIAT FOR CHILDREN & ADOLESCENTS NATIONAL GOVERNMENT PARAGUAY AND CHILD PROTECTION AGAINST ABUSE AND ALL FORMS OF VIOLENCE IN THE NEW 2015-2030 SUSTAINABLE DEVELOPMENT AGENDA © UNICEF/Paraguay/2015/Villalba Paraguay And Child Protection Against Abuse And All Forms Of Violence 2 In The New 2015-2030 Sustainable Development Agenda INDEX 1 Country advancements in the protection of children and adolescents 2 Opportunities for improvement in the protection of children and adolescents 3 Crosscutting and strategic pillars of the National Action Plan 4 National targets and indicators for the eradication of violence against children and adolescents 5 Roadmap for the priorities of the Paraguayan State to 2021 6 National strategy for the prevention of violence in the country and the region - Country Action Plan 7 International commitments of the Paraguayan State to eradicate violence against children and adolescents 8 Directorate and cross-sectoral coordination for the implementation of the Country Action Plan 9 Role of governmental and nongovernmental actors in the implementation of the Country Action Plan 10 Role of children and adolescents 11 Investment for the eradication of violence 12 Measurement of advances 13 Institutions and interlocutors related to the formulation process of the roadmap and country action plan 14 Bibliography 15 Glossary 16 Annex 1: Legal-regulatory framework on the rights of children and adolescents in Paraguay 17 Annex 2: National System of Protection of Children & Adolescents Paraguay And Child Protection Against Abuse And All Forms Of Violence 3 In The New 2015-2030 Sustainable Development Agenda 1 Country advancements IN THE PROTECTION OF CHILDREN AND ADOLESCENTS Since the ratification of the Convention on the Rights of the Child and the enactment of the Code of Children & Adolescents (Law 1680/01), the Paraguayan State has taken steps to align its institutions, laws and overall approach to children and adolescents with in- ternational standards.
    [Show full text]
  • Indigenous Women and Their Human Rights in the Americas
    Cover Art Concept Standing tall, head held high, her dignity on full display. That’s the image of an empowered indigenous woman confronting discrimination and violence, saying “enough is enough” to the tragic impact of extractive industries and other development projects in her ancestral territories. The play of shapes that combines an indigenous woman’s silhouette with mountains, lakes, trees, and moon/sun, along with the color palette of earth tones and greens, represents that close, harmonious relationship with her lands and the fundamental role this relationship has in shaping her identity. The figure on the cover symbolizes all the indigenous women of the Americas, while maintaining and valuing her individuality. She is one, yet at the same time all; her identity is what defines indigenous women collectively, that symbiotic relationship with Mother Earth. Her body morphs into the elements of her land because her identity is intimately tied to her ancestral territories. It is from that place, from that worldview, that the indigenous women of the Americas do battle against inequality, racism, sexism, and poverty. Cover design: Fer Cozzi / IACHR OEA/Ser.L/V/II. Doc. 44/17 17 April 2017 Original: Spanish INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Indigenous Women and Their Human Rights in the Americas 2017 www.iachr.org OAS Cataloging-in-Publication Data Inter-American Commission on Human Rights. Indigenous women and their human rights in the Americas. p. ; cm. (OAS. Official records; OEA/Ser.L/V/II) ISBN 978-0-8270-6659-5 1. Indigenous women--Civil rights--America. 2. Women’s rights--America.
    [Show full text]
  • Informe Alternativo De Paraguay
    Alternative Report Paraguay Submitted to the Human Rights Committee in view of the consideration of the third periodic report of th Paraguay (107 session, 11-28 March 2013) February, 2013 This report was possible thanks to the support of the European Commission and the OAK Foundation. Its content is under the sole responsibility of the organisations who subscribe it and by no means should it be interpreted as the opinion of the supporting institutions. Introduction This document is submitted as an alternative report to the third periodic report of the Republic of Paraguay about the fulfilment of the International Covenant on Civil and Political Rights (henceforth CCPR or “the Covenant”). It has been elaborated by the member organizations of the Paraguayan Human Rights Coordinating Committee (Coordinadora de Derechos Humanos del Paraguay – (CODEHUPY), the Paraguayan Chapter of the Inter-American Platform for Human Rights, Democracy and Development (Plataforma Interamericana de Derechos Humanos, Democracia y Desarrollo – PIDHDD)1, with technical cooperation of the World Organisation Against Torture (OMCT) and the Centre for Civil and Political Rights (CCPR-Centre). The report’s presentation has been structured taking into consideration the queries submitted by the Human Rights Committee (henceforth “the Committee”) in the List of Issues to be taken up in connection with the consideration of the third periodic report of Paraguay.2 Following this methodology, the following thematic axes have been created: 1) Constitutional and legal framework (articles 1 and 2) 2) Non-discrimination, rights of minorities and equal rights of men and women (articles 2, 3, 26 and 27). a. Rights of indigenous people.
    [Show full text]
  • Situation of Human Rights in Guatemala 2017
    OEA/Ser.L/V/II. Doc. 208/17 31 December 2017 Original: Spanish INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Situation of Human Rights in Guatemala 2017 iachr.org OAS Cataloging-in-Publication Data Inter-American Commission on Human Rights Situation of Human Rights in Guatemala : Country report : Approved by the Inter-American Commission on Human Rights on December 31, 2017. v. ; cm. (OAS. Official records ; OEA/Ser.L/V/II) ISBN XXX-0-XXXX-XXXX-X 1. Human rights--Guatemala 2. Civil rights--Guatemala. 4. Rule of law-- Guatemala. I. Title. II. Title: Sixth report on the human rights situation in Guatemala. III. Series. OEA/Ser.L/V/II. Doc.208/17 . INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Members Francisco José Eguiguren Praeli Margarette May Macaulay Esmeralda Arosemena Bernal de Troitiño José de Jesús Orozco Henríquez Paulo Vannuchi James L. Cavallaro Luis Ernesto Vargas Silva Executive Secretary Paulo Abrão Assistant Executive Secretary for Cases, Petitions, and Precautionary Measures Elizabeth Abi-Mershed Assistant Executive Secretary for Monitoring, Promotion, and Technical Cooperation in Human Rights María Claudia Pulido Approved by the Inter-American Commission on Human Rights on December 31, 2017. TABLE OF CONTENTS EXECUTIVE SUMMARY 9 CHAPTER 1 | INTRODUCTION 17 A. The Legacy of the Armed Conflict 25 B. Poverty, Inequality, and Exclusion 26 CHAPTER 2 | ADMINISTRATION OF JUSTICE 37 A. Access to justice and impunity 37 B. The requirements of independence and impartiality: The Public Prosecution Service and judicial reforms 47 C. Access to Justice for Different Groups 53 1. Women 53 2. Indigenous Peoples 58 3. Children and Adolescents 63 4.
    [Show full text]