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ISTANBUL PROTOCOL I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS

75. The Inter-American Court of Human Rights 78. Article 1 of the Convention of Belém do Pará defines
has also recognized the negative psychological violence against women as “any act or conduct,
effects that solitary confinement can have on based on gender, which causes death or physical,
mothers separated from their children and sexual or psychological harm or suffering to women,
acknowledged that States should provide special whether in the public or the private sphere”. Article 2
care to detained pregnant women and ensure recognizes that violence may occur within the family
that mothers can visit their children. 121 or domestic unit, as well as within other interpersonal
relationships. Article 6 recognizes that women have the
76. In 1996, the Inter-American Commission on right to be valued and educated free of behavioural and
Human Rights became the first international social stereotypes and practices based on inferiority or
adjudicatory body to recognize rape as torture, stating subordination and article 7 requires States to refrain
that rape is a method of psychological torture that from committing or practising violence against women
often has as an objective the humiliation of the victim and to exercise due diligence to prevent, investigate and
as well as the victim’s family and community. 122 Since impose penalties for acts of violence against women.
then, the Commission and the Inter-American Court
of Human Rights have developed extensive case law 79. Also in 1994, the Organization of American States
clarifying the obligations of States to exercise due adopted the Inter-American Convention on Forced
diligence in preventing, investigating and punishing Disappearance of Persons, which provides additional
instances of gender-based violence, 123 and torture safeguards that help guarantee the investigation and
and ill-treatment more generally. 124 The Court has punishment of acts of forced disappearance. 130
developed important standards on the collection of
evidence in cases of sexual violence, 125 the evidentiary 80. In 2004, the Inter-American Commission on
value of victims’ statements 126 and the need to consider Human Rights established the mandate of the Special
that discrepancies in those statements should not be Rapporteur on the rights of persons deprived of
considered per se as denoting the falsehood of the liberty in the Americas. The Special Rapporteur
testimony. 127 Furthermore, the Court has held States conducts fact-finding visits to member States of
responsible for sexual violence as a form of torture the Organization of American States, monitors the
committed by non-State actors when the authorities treatment of persons deprived of their liberty and
failed to prevent and investigate the crime. 128 conditions of detention, publishes country and
thematic reports, and issues recommendations to
77. In 1994, the Organization of American States adopted improve the situation of persons deprived of their
the Inter-American Convention on the Prevention, liberty and urgent actions where necessary. 131
Punishment, and Eradication of Violence against
Women (Convention of Belém do Pará). 129 The (b) Council of Europe – European Court of
Convention of Belém do Pará establishes that women Human Rights
have the right to live a life free of violence and
obliges States parties to take appropriate measures 81. Article 3 of the Convention for the Protection of
to amend or repeal existing laws and regulations Human Rights and Fundamental Freedoms (European
and modify legal or customary practices that Convention on Human Rights) states that: “No
perpetuate and tolerate violence against women. one shall be subjected to torture or to inhuman or

121 Inter-American Court of Human Rights, Miguel Castro-Castro Prison v. Peru, para. 330.
122 Inter-American Commission on Human Rights, Raquel Martí de Mejía v. Peru, Case 10.970, Report No. 5/96, 1 March 1996.
123 Inter-American Court of Human Rights, Azul Rojas Marín v. Peru, Judgment, 12 March 2020 (concerning torture committed with a discriminatory intent based on the gender
identity of the victim), paras. 178–205 (in Spanish only; official summary available in English); Fernández Ortega et al. v. Mexico, para. 193; Cabrera García and Montiel
Flores v. Mexico, Judgment, 26 November 2010, paras. 213–215; J. v. Peru, Judgment, 27 November 2013, para. 344; López Soto et al. v. Venezuela, Judgment, 26
September 2018, paras. 273–287; and Miguel Castro-Castro Prison v. Peru, para. 378.
124 Inter-American Court of Human Rights, Espinoza Gonzáles v. Peru, Judgment, 20 November 2014, para. 237–240; and J. v. Peru, para. 341–343.
125 Inter-American Court of Human Rights, González et al (“Cotton Field”) v. Mexico; and Velásquez Paiz et al. v. Guatemala, Judgment, 19 November 2015.
126 Inter-American Court of Human Rights, Fernández Ortega et al. v. Mexico, para. 100.
127 Inter-American Court of Human Rights, Espinoza Gonzáles v. Peru, para. 149.
128 Inter-American Court of Human Rights, López Soto et al . v. Venezuela.
129 The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (“Convention of Belém do Pará”) (9 June 1994) entered into force
on 5 March 1995.
130 The Inter-American Convention on Forced Disappearance of Persons (Belém do Pará, 6 September 1994) entered into force on 28 March 1996.
131 See www.oas.org/en/iachr/jsForm/?File=/en/IACHR/r/DPPL/mandato.asp.

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