IACHR Press Office
Washington, D.C. — The IACHR welcomed the signing of the friendly settlement agreement for Petition 1256-05, Ivana Emilce Rosales, on September 23, 2021, at a ceremony to acknowledge the international responsibility of the Argentine State as a result of an arbitrary, discriminatory judicial decision during the criminal investigation for attempted homicide in a context of gender violence that Ms. Rosales and her daughters, Mayka and Abril, were victims of. The event was attended by Julissa Mantilla Falcón, First Vice-President of the IACHR and Rapporteur for Argentina.
"The Inter-American Commission on Human Rights wishes to send a warm message of solidarity and puts itself entirely at the State's disposal for facilitating and following up on the agreement, with the aim of generating significant, restorative impact through full implementation. In response to cases of gender violence, let it never again be said that she asked for it, and or that the raindrops should wash away her pain and heal her soul," said Commissioner Mantilla.
The friendly settlement process was initiated in 2017 through the will of the parties. The IACHR provided support in the form of technical assistance and the facilitation of spaces for dialogue during working meetings with the parties, applying standardized methodologies for mediation and conflict resolution, using objective criteria to promote the design of the friendly settlement agreement, which was eventually signed in the city of Buenos Aires.
At the ceremony, the Argentine State acknowledged its international responsibility for the violations of the rights to personal integrity, a fair trial, the respect and recognition of honor and dignity, equality before the law, and judicial protection (articles 5, 8, 11, 24, and 25 of the American Convention on Human Rights), as well as articles 4 and 7 of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belém Do Pará Convention), to the detriment of Ivana Rosales and her daughters Mayka and Abril.
The ceremony was attended by the National Minister of Justice and Human Rights; the National Minister of Women, Genders, and Diversity; the Secretary of Human Rights; the Secretary of Children, Adolescents, and the Family; the Secretary of Policies against Gender Violence at the National Ministry of Women, Genders, and Diversity; the Director of International Human Rights Litigation; authorities from the National Ministry of Security; the Governor of Neuquén Province; the Minister of Citizenship of Neuquén Province; a Representative of the Superior Court of Justice of Neuquén Province; and the Undersecretary of Human Rights of Neuquén Province, among other officials representing the Argentine State. Those present on behalf of the petitioner included Ms. Paula Litvachky, representative of the Center for Legal and Social Studies, and Abril Rosales, daughter of Ivana Rosales, who was also present at the signing of the friendly settlement agreement.
The friendly settlement agreement that was signed included commitments from both Neuquén Province and the Federal Government, and its design included an intersectional, gender, and human rights approach. The agreement contains several measures, including (a) holding an official public ceremony to acknowledge international responsibility; (b) the publication of the friendly settlement agreement; (c) the dissemination of the agreement concerning Neuquén Province; (d) the distribution and screening of the film She Asked for It and the documentary Raindrops; (e) the provision of legal assistance to enable Abril to change her paternal surname; (f) the provision of housing; (g) the granting of financial compensation; (h) the creation of the Ivana and Mayka Rosales Comprehensive Protection Center for victims of gender violence; (i) measures to provide free, comprehensive, expert legal representation to victims of gender violence; (j) the publication and distribution of an information leaflet on gender violence; (k) training for public officials regarding the so-called Micaela Act; and (l) the implementation of the National Registry of Gender Violence.
The agreement also includes major high-impact measures regarding implementing and raising awareness around the following public policies: the National Action Plan against Gender-Based Violence, the National Program for the Prevention of Gender-Based Violence, the implementation of the Program to Support People at Risk of Gender-Based Violence and the raising of awareness around this, the Interministerial Program for a Comprehensive Approach to Extreme Violence, the Program for Urgent Support and Immediate Comprehensive Assistance in Cases of Extreme Gender-Based Violence, strengthening access to justice for people in situations of gender-based violence, the strengthening of the Legal Aid Corps for Victims of Gender-Based Violence, Training for Police and Security Forces, the strengthening of the Program for Territorial Systems for the Comprehensive Protection of People in the Context of Gender-Based Violence, the production of strategic and systematized information on gender-based violence, the Integrated Gender-Based Violence Case System, and the creation of the lethal risk module for the Integrated Gender-Based Violence Case System.
The IACHR appreciated the willingness of the Argentine State and the petitioning party to enter into a constructive, collaborative dialogue during the negotiations to reach an agreement whose content would allow Abril Rosales and her family to receive full redress. At the same time, the IACHR urged the State to continue making progress toward compliance with the international obligations that derive from the agreement until it has been fully implemented and reiterated its commitment to monitor and promote this friendly settlement agreement process.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.