Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 72
Paragraph- Paragraph text
- The principles discussed above were articulated by the Inter-American Court of Human Rights in its 2009 ruling of Gonzalez et al. ("Cotton Field") v. México. In this case, concerning the abduction, killing and sexual violence of two children and a young woman by non-State actors in 2003, the Court broadly interpreted the State's obligations to exercise due diligence to prevent, investigate and impose penalties for violence against women. The decision is seminal in that the Inter American Court for the first time embraced the concept of gender-sensitive reparations with a transformative approach. It held that in a situation of structural discrimination, reparations should aim at transforming such situation, thus aspiring not only to restitution but also to correction. It spelled out the criteria to be applied for the assessment of reparations, which include the following: (i) reparations should have a direct connection with the violations found by the Court; (ii) they should repair in a proportional manner pecuniary and non-pecuniary damages; (iii) they cannot be a source of enrichment or impoverishment; (iv) restitution is an aim but without breaching the principle of non-discrimination; (v) reparations should be "oriented to identify and eliminate the structural factors of discrimination"; (vi) they should take into account a gender perspective; and (vii) take into account all the measures alleged by the State to have been taken to repair the harm.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Youth
- Year
- 2011
- Paragraph type
- Other
- Paragraph number
- 72
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