The Convention of Belem do Para applies to violence “that is perpetrated or
condoned by the state or its agents regardless of where it occurs.”475 State obligations to protect women against violence are further detailed Article 7, which
provides that States parties shall:
“a. refrain from engaging in any act or practice of violence against women and
to ensure that their authorities, officials, personnel, agents, and institutions act
in conformity with this obligation;
c. include in their domestic legislation penal, civil, administrative and any
other type of provisions that may be needed to prevent, punish and eradicate
violence against women and to adopt appropriate administrative measures
where necessary;
d. adopt legal measures to require the perpetrator to refrain from harassing,
intimidating or threatening the woman or using any method that harms or
endangers her life or integrity, or damages her property;
e. take all appropriate measures, including legislative measures, to amend or
repeal existing laws and regulations or to modify legal or customary practices
which sustain the persistence and tolerance of violence against women;
f. establish fair and effective legal procedures for women who have been subjected to violence which include, among others, protective measures, a timely
hearing and effective access to such procedures;
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The Inter-american Regional System
b. apply due diligence to prevent, investigate and impose penalties for violence
against women;
g. establish the necessary legal and administrative mechanisms to ensure that
women subjected to violence have effective access to restitution, reparations or
other just and effective remedies; and
h. adopt such legislative or other measures as may be necessary to give effect to
this Convention.”
Article 8 of the Convention lays out a series of policies and programmes which
the State must adopt to ensure the right in practice.
3.2.2 Duty to investigate
The duties of diligence and guarantee contained in Article 1 of the ACHR are
reflected in Article 8 of the IACPPT, which provides:
475
Article 2(c) Inter-American Convention to Prevent, Punish and Eradicate Violence against
Women.
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