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HUMAN RIGHTS COMMISSION REPORT ON ACCESS TO JUSTICE
FOR WOMEN VICTIMS OF VIOLENCE IS PRESENTED AT THE OAS

  March 8, 2007

The Secretary General of the Organization of American States (OAS), José Miguel Insulza, presented a report prepared by the Inter-American Commission on Human Rights (IACHR) on the situation that women in the region face when they are victimized by violence and turn to the courts to seek justice.

The report, entitled Access to Justice for Women Victims of Violence in the Americas, shows the “existing gap between the formal and legal acknowledgment by countries in the Americas of the problem of violence against women, and the effectiveness of the legal avenues of protection to remedy such acts,” Insulza explained.

During the event to launch the report, the Secretary General highlighted the importance of the work carried out by the Commission to document the problem in a detailed, comparative manner, based on research that included input from several sectors of society: government, justice systems, civil society, the academic sector and experts in the field.

The report—which includes conclusions and recommendations for the member states—notes that many times victims who try to report violent acts face discrimination and are mistreated by state officials. It also gives examples of cases in which prosecutors, police officers and judges discredit the victims and question the credibility of their statements.

Referring to these and other aspects of the document, Insulza reiterated that the member countries should create the necessary conditions so that women who are victims of violence can use the legal system to find justice and receive dignified treatment from officials when seeking redress from the courts.

“States must adopt public measures to redefine the traditional concepts about women’s role in society and to promote the eradication of discriminatory social and cultural patterns that impede their full access to justice,” Insulza stressed. He added that the primary responsibility of the OAS is not only to reaffirm these principles and essential values, “but also to move forward in putting these common values into practice, through public policies that produce positive and tangible results for people.”

For his part, IACHR Commissioner and Rapporteur on Women’s Rights, Victor Abramovich, said the most important next step will be to see that the public policy recommendations proposed in the report are implemented by the member countries. Such an effort, he said, will require participation and dialogue between civil society and state.

“This has to do with improving public policies to prevent situations of violence, in order to achieve the commitments undertaken by the states when they signed the Belem do Pará Convention. It is about the right of women to live free from violence,” Abromovich said. The treaty to which he referred, which seeks to eliminate violence against women, was adopted by the countries of the region in 1994.

The report recommends that member states adopt measures to put an end to the current situation facing women who are victims. The recommendations include, among others, the design of an integral, coordinated government policy, backed by adequate public resources, to guarantee that victims of gender-based violence have full access to judicial protection. The report was compiled during the last two years by the IACHR and its Rapporteurship on Women’s Rights, with support from the government of Finland.

In his remarks, Insulza stressed that in the process of consolidating democracies and strengthening governance, as well as protecting human rights and promoting integral development that goes beyond economic growth, it is critical that the principles of inclusion and gender equity be incorporated as the basis for prosperity. “I am convinced that fostering gender equality is essential for democracies. Democracy without women is only half democracy,” the Secretary General said.

Also participating in the event were the Principal Adviser for Latin America and the Caribbean of the World Bank’s Legal Division, Teresa Genta-Fons; and the Advocacy Director of the Human Rights of Women Division of Human Rights Watch, Marianne Mollman.

Reference: E-071/07