SAMUEL VÁSQUEZ
0000209231
COMPARATIVE CHART
SOURCE
IACHR, The situation of the rights of women
in Ciudad Juarez, Mexico. The right to be free
from violence and discrimination (2003)
NATURE
General
observation
SYSTEM / SOURCE
OBJECTIVE
Inter American System Draws attention to Ciudad Juarez's
industrial setting and its impact as a hub
for Mexican and international migrants.
The development of various forms of
organized
crime,
including
drug
trafficking, human trafficking, arms
smuggling, and money laundering, has
increased levels of insecurity and violence
in Ciudad Juarez as a result of a number of
interrelated factors, such as social
inequality and the city's proximity to the
international border.
IACHR, CASE 12, 051. REPORT NO. 54/01,
General
Inter American
Describes how the Inter-American
MARIA DA PENHA MAIA FERNANDEZ V. Observation
System
Commission applied the Belém do Pará
BRASIL
Convention for the first time determined
that the State had violated its duty to use
due diligence to prevent, punish, and
eliminate domestic violence by failing to
convict and punish the perpetrator.
REPORT ON MEXICO PRODUCED BY
Report
Universal Human Uses a number of interrelated factors,
THE
COMMITTEE
ON
THE
Rights System
including social injustices and the city's
ELIMINATION OF DISCRIMINATION
proximity to the border, have contributed
AGAINST WOMEN (CEDAW) UNDER
to the growth of various forms of
ARTICLE 8 OF THE OPTIONAL
organized
crime,
including
drug
PROTOCAL OF THE CONVENTION
trafficking, human trafficking, arms
(2005)
smuggling, and money laundering, all of
which have increased levels of violence
and insecurity in Ciudad Juarez.
CEDAW,
GENERAL Specialized
Universal Human
RECOMMENDATION 19; VIOLENCE
organ
Rights System
Used to support a State's obligation to
AGAINST WOMEN
recommendation
respond to private behavior. It is an
interpretation of the Convention, a treaty
body known as CEDAW.
According to CEDAW, "States may also
be liable for private acts if they fail to act
with reasonable care to avoid rights
violations or to investigate and punish acts
of
violence,
and
for
paying
compensation."
CEDAW, COMMUNICATION NO.2/2003,
MS. A.T. V HUNGARY (2005)
Specialized
organ
recommendation
Reports of the special “rappurteur” on
violence against women, Yakin Erturk.
Integration of the human rights of women and
a gender perspective. Mission to Mexico
(2006)
Report
Reports of the Special Rapporteur on violence
against women. Radhika Coomaraswamy
(1999)
Report
The Secretary General in-depth study on all
General
forms of violence against women. Resolution Observation
adopted by the General Assembly (2006)
Amesty International, Mexico. Intolerable
KIllings: 10 years of abductions and murder
or women in Ciudad Juarez and Chihuahua
(2003)
Miguel Castro Castro Prison v. Peru
Report
Judicial
Decision
Universal Human
Rights System
CEDAW said that the duty to prosecute
and convict had been broken, as well as the
duty to stop this demeaning practice
because the infringement was a part of a
"general pattern of negligence and lack of
efficacy of the State."
Universal System of Reports on the "maquila industry" in a
Human Rights
location where migrants from Mexico and
other countries travel. Also, it makes
statements regarding the systemic
injustices that lead to various forms of
organized crime.
Universal System of Provide guidelines on the measures that
Human Rights
States should take to comply with their
international obligations of due diligence
about prevention violence against women.
Helps on the interpretation of the content
and scope of the obligation to prevent
violence against woman.
Universal Human Highlights what is known as a physically
Rights System
safe atmosphere for women. It also
outlines how to spot risky areas, talk about
women's anxieties, and get women's
advice on how to increase their safety. For
instance, make a point of emphasizing
measures to make public transportation
and routes taken by women—such as those
leading to schools and other educational
facilities or to wells, farms, and
factories—more safe (those activities are
of prevention work)
Universal Human Describe the environment of violence in
Rights System
Ciudad de Juarez and how the various
forms of organized crime impact women's
safety.
Interamerican System Identifies the court's authority to hear
cases involving the Belem do Para
Convention. Additionally, the Court used
the relevant provisions of the Convention
of Belém do Pará and the Convention on
the Elimination of All Forms of
Discrimination Against Women as a point
of reference for interpretation in the case
in order to clarify the scope of Article 5 of
the American Convention in relation to the
specific aspect of violence against women.
This is because these instruments enhance
the international corpus juris, of which the
The Convention of Belem Do Para (1994)
Conventional
norm
American Convention is a part, in terms of
the protection of women.
Interamerican System Any act or behavior, based on gender,
which causes death or physical, sexual, or
psychological harm or suffering to
women, whether in the public or private
realm.
Beijing Declaration and Platform for Action Conventional
(1994)
norm
Universal System of
Human Rights
Declaration on the elimination of violence
General
against women. General Assembly Resolution Observation
48/104 (1993)
Universal System of
Human Rights
Report of the Special Rapporteur on
Extrajudicial, Summary or Arbitrary
execution (1999)
Report
Universal System of
Human Rights
Case of KILIC V TURKEY, Judgment of the
ECHR (2000)
Judicial
Decision
Universal System of
Human Rights
This is how the Convention defines
violence against women.
Enforces the necessity to fulfill the duty to
take prompt action to stop, look into, and
punish, in line with national law, acts of
violence against women, whether those
acts are committed by the State or by
private individuals.
Note that the United Nations General
Assembly's 1993 Declaration on the
Elimination of Violence Against Women
called the States to "do full effort to
prevent, investigate, and punish those
violence acts against women."
Demonstrates that [..] “the events in
Ciudad Juárez thus constitute a typical
case of gender-based crimes which thrive
on impunity”
Used to state that obligation of guarantee
under the Convention don’t imply that
there is unlimited responsibility for all
private’s actions.