Sexual Violence, Gender and Human Rights

Sexual violence constitutes one of the most serious forms of violence against women and is a multiple violation of human rights. Throughout its jurisprudence, the Inter-American Court of Human Rights has developed specific standards for its conceptualization, classification and punishment, recognizing its direct impact on personal integrity, dignity and, in certain cases, its equivalence to torture. This article systematically analyzes the standards developed by the Inter-American Court on sexual violence, based on the study of its main precedents, with special attention to the broad and autonomous definition of this form of violence, its classification as torture or cruel, inhuman or degrading treatment, and the strengthened obligations of States in terms of prevention, investigation, punishment and reparation. The paper also critically examines the reluctance of the Inter-American Court to recognize sexual violence as an autonomous affectation of the right to life, except in cases of femicide, and problematizes this limitation from a gender and human rights perspective.

Pages: 68, Paperback, Our Knowledge Publishing