Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
Inter-American Commission on Human Rights receives a petition or communication
concerning an alleged forced disappearance, requiring its Executive Secretariat to
“urgently and confidentially address the respective Government” with a request for
information as to the whereabouts of the person concerned (art. XIV).
The Inter-American Convention on the Forced Disappearance of Persons
is a reaffirmation that the forced disappearance of persons is an act
violating international human rights law. The forced disappearance of
persons cannot be justified in any circumstances, not even in emergency
situations.
Persons accused of being involved in the forced disappearance of persons
shall only be tried by ordinary courts of law. They may not be tried by
special jurisdictions.
3.4 The Inter-American Convention on the
Prevention, Punishment and Eradication of
Violence against Women, 1994
The Inter-American Convention on the Prevention, Punishment and
Eradication of Violence against Women, also called “Convention of Belém do Pará”,
was adopted in 1994 by the General Assembly of the OAS and entered into force on 5
March 1995. As of 9 April 2002 it had been ratified by 31 countries.34 This Convention
is the only international treaty that exclusively aims at the elimination of gender-based
violence.
3.4.1 The scope of the Convention
For the purposes of the Convention, “violence against women shall be
understood as any act or conduct, based on gender, which causes death or physical,
sexual or psychological harm or suffering to women, whether in the public or the
private sphere” (art. 1). As further specified, violence against women shall, inter alia,
“be understood to include physical, sexual and psychological violence”, irrespective of
whether that violence occurs within the family or domestic unit or within any other
interpersonal relationship, or in the community, or is perpetrated or condoned by the
State or its agents regardless of where it occurs (art. 2(a)-(c)). The scope of the
application is thus comprehensive and encompasses all spheres of society, be they
public or private.
The Convention further emphasizes women’s right to enjoyment and
protection of all human rights contained in regional and international instruments, and
the States parties “recognize that violence against women prevents and nullifies” the
exercise of civil, political, economic, social and cultural rights (arts. 4-5). Lastly, the
Convention provides that the right of every woman to be free from violence includes,
34 See http://www.oas.org/juridico/english/Sigs/a-61.html.
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