OEA/Ser.L/V//II.
Doc. 68
20 January 2007
Original: Spanish

ACCESS TO JUSTICE FOR WOMEN VICTIMS OF VIOLENCE IN THE AMERICAS
(pdf format)

PREFACE
 

EXECUTIVE SUMMARY
 

I.          INTRODUCTION

A.  Obstacles women encounter when seeking redress for acts of violence: an analysis of the present situation
 

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

1.  The due diligence obligation
2.  Due diligence and access to judicial protection
3.  Violence and discrimination

a.  The duty to amend discriminatory norms, practices and policies
b.  Due diligence and positive antidiscrimination measures
 

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
 

A.   Administration of justice:  inefficacy and impunity in cases involving violence against women

1.  Gaps and irregularities in the investigation of cases involving violence against women

2.  Flaws in the prosecution and punishment of cases involving violence against women

3.  Ineffectiveness of preventive mechanisms in protecting women from violence

4.  Barriers which victims encounter when seeking judicial protection

5.  Structural problems within the justice systems that affect the prosecution of cases involving violence against women

6.  Access to justice for indigenous and Afro-descendant women: discrimination and racism

a.  Indigenous women

b.  Afro-descendant women

B.  Laws:  problems with their design, interpretation and application

1.  Gaps and deficiencies in the law

2.  Flawed application and interpretation of the laws and implementation of government programs

III.        PUBLIC EFFORTS TO COMPLY WITH THE DUE DILIGENCE OBLIGATION IN RESPONSE TO ACTS OF VIOLENCE AGAINST WOMEN

A.  Efforts in the administration of justice sector

B.  The adoption of criminal and civil laws about violence and discrimination against women

C.  The creation of government programs to address violence and discrimination against women

IV.        CONCLUSIONS AND RECOMMENDATIONS
 

Anexes