Belém do Pará The Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women What does Belém add to human rights.

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Presentation transcript:

Belém do Pará The Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women What does Belém add to human rights jurisprudence in the Americas? The first international treaty specifically against violence against women (1995)

Article 7(b) Member states must apply: “due diligence to prevent, investigate and impose penalties for violence against women.” What is new? Belém looks at due diligence and access to justice through a gender lens. Gender lens Due diligence Access to justice

Cases González et al. (“Cotton Field”) vs. Mexico (Ciudad Juárez, 2009) – Inter-American Court of Human Rights – Binding judgments “Jessica Lenahan vs. United States” (Castle Rock, Colorado, 2011) – Inter-American Commission on Human Rights – Non-binding recommendations

Cotton Field Events – Femicides (high number and pattern) – Police (failed to investigate or take action) Court’s directives – Compensation for families – Gender-bias education for police – Missing persons protocols and forensics training Gender lens: Women, VAW and state responses Due diligence to prevent state harm and eliminate impunity

Jessica Lenahan Background – Lenahan, separated and with custody of children – Had suffered domestic violence – Mandatory restraining order: “shall arrest” Events – Husband abducts their children – Police failed to take action – Father and 3 children are shot U.S. Supreme Court: Police had no duty to protect Lenahan’s children

Jessica Lenahan (cont.) Commission’s recommendations – Compensation for Lenahan – Gender-bias education for police – Protocols to enforce restraining orders Gender lens: Women, VAW and state responses Due diligence to protect against private harm Conclusion