Córdoba v. Paraguay, IACtHR, Series C No. 505, 4/09/2023

Illicit removal of a child habitually resident in Argentina, relocated by the taking parent to Paraguay without the father's consent - Violation of the duty of due diligence for failing to locate for nine years a child regularly attending school and receiving public health care - Violation of the right to personal integrity for putting the applicant in a permanent state of anguish - Violation of the obligation to respect the rights and freedoms without any discrimination

Dissenting / Concurring: Pérez Manrique, Ferrer Mac-Gregor Poisot, Mudrovitsch / Sierra Porto, Hernándz López, Pérez Goldberg

María et al. v. Argentina, IACtHR, Series C No. 494, 22/08/2023

Pregnant adolescent encouraged to give her unborn child up for adoption by health professionals on the basis of gendered stereotypes concerning her unsuitability to find a partner to form a family should the child be kept by her – Authorization to adopt the baby signed by the mother without any assisting lawyer in a document directed to the Provincial Direction for the Promotion of the Rights of the Child, Adolescent and the Family – Violation of the rights to equality, family life, judicial guarantees, judicial protection, physical integrity, live free from violence, and the rights of

Members of the Corporation Lawyers Collective 'José Alvear Restrepo' (CAJAR) v. Colombia, IACtHR, Series C No 506, 18/10/2023

Systematic persecution of the Colombian State against members of the José Alvear Restrepo Lawyers Collective Corporation through harassment, threats, killings, disappearances and physical violence from the 1990s amounts to a violation of the rights to life, personal integrity, privacy, judicial protection, freedom of association, free movement, family protection, children’s rights and defending human rights - Gendered and sexual threats against women human rights defenders particularly targeted because of their gender, including reference to possible sexual violence against them or their da

Dissenting / Concurring: Hernández López / Mudrovitsch / Pérez Goldberg

Members of the Journalism Team of 'La Costeñísima' Radio regarding Nicaragua, IACtHR, Order , 22/3/2023

Provisional measures - Context of systemic violations of human rights including aggressions, harassment, threats and arbitrary detentions of journalists - Violence and exposure to risk of irreparable damage for women exacerbated by gender stereotypes and prejudices 

 

Olivera Fuentes v. Peru, IACtHR, Series C No. 484, 4/02/2023

Store manager's request to a homosexual couple to stop 'amorous scenes' and attempt to remove them forcibly - Use of homophobic stereotypes in domestic rulings including that homosexuality is a pathology and that queer expressions of affection are always erotic – Domestic court’s justification of the ejection of the couple based on 'respect for morality' and 'the best interest of the child' in the light of a purported scientific consensus on the consequences of the exposure of children to homosexual behaviour – Violation of the right to personal liberty, privacy and equality befor

Angulo Losada v. Bolivia, IACtHR, Series C No. 475, 18/11/2022

Adolescent repeatedly raped by her adult cousin – Ineffective remedies due to domestic authorities’ stereotyped preconceptions as to the applicant as complicit in her own abuse  –  Lack of an intersectional gender and childhood perspective in conducting the criminal process without avoiding revictimization – Violation of the duty of strict and enhanced due diligence and of the special protection required in a complaint of sexual violation against a girl  –  Violation of the rights to humane treatment, a fair trial, equality before the law, private and family life, of the

Brítez Arce et al. v. Argentina, IACtHR, Serie C No. 474, 16/11/2022

Obstetric violence as a form of gender-based violence - States' obligation to prevent, punish and refrain from practicing obstetric violence as well as to provide adequate, specialized and differentiated health services during pregnancy, childbirth and after childbirth to guarantee the mother's right to health

Dissenting / Concurring: Sierra Porto / Pérez Goldberg

Pavez Pavez v. Chile, IACtHR, Series C No. 449, 4/2/2022

Revocation of the certification to teach Catholicism after having entered a same-sex relationship in violation of Catholic canon law - Violation of the right to equality and non-discrimination, the right to privacy, and the right to work - Court's order to institute a concrete judicial review procedure to allow state officials to carry out a control of the religious authorities’ assessment of suitability of religious teachers serving in public schools

Dissenting / Concurring: Sierra Porto

Barbosa de Souza and Others v. Brazil, IACtHR, Series C No. 435, 7/09/2021

Killing of a young African descent woman and impunity of the perpetrator due a broad application of the parliamentary immunity - Gender stereotypes employed by domestic authorities to the detriment of the victim - Violation of the right to equality before the law, to judicial protection, and to be free from discrimination

Bedoya Lima and Others v. Colombia, IACtHR, Series C No. 431, 26/08/2021

Verbal, physical and sexual violence committed against a female journalist in the context of a kidnapping by a paramilitary group - Violation of the right to judicial protection, to dignity, to freedom of thought and expression, to personal integrity, to equal protection before the law - Lack of due diligence due to discriminatory attitudes towards the victim in the course of the investigations

Maidanik and Others v. Uruguay, IACtHR, Series C No. 444, 15/11/2021

Extrajudicial killing of two women and forced disappearance of two men - Ineffective investigations - Violation of the right to personal integrity and to judicial protection

Dissenting / Concurring: Sexual violence, discrimination against women, ineffective investigations, disappearance

Manuela et al. v. El Salvador, IACtHR, Series C No. 441, 2/11/2021

Criminalization of an economically disadvantaged and illiterate woman living in a rural context having suffered obstetric emergency resulting in miscarriage - Arrest, detention during the proceedings and conviction for aggravated homicide to the detriment of her still-born child found by the police in her house - Violation of the right to freedom from arbitrary detention and to the presumption of innocence - Ineffective investigations based on gender stereotypes and preconceptions rather than concrete evidence related to the intersectional axes of discrimination concerning her gender, geogr

Dissenting / Concurring: Vio Grossi / Sierra Porto / Zaffaroni / Pérez Manrique

OC-27/21, Right to Freedom of Association, Right to Collective Bargaining and Rights to Strike, and their Relation to Other Rights, with a Gender Perspective, IACtHR, 5/05/2021

Freedom of association as a general principle of international law with collective and individual connotations, protecting the right to form trade union organisations and the right of each person to determine without coercion whether or not to join the association - The right to collective barganing as an essential part of freedom of association with a gendered impact on labour rights, violence and discrimination in the workplace - Presence of gender roles and stereotypes, both in the public arena and in the private sector, standing as a barrier to the full exercise of women's labour rights

Vicky Hernández et al. v. Honduras, IACtHR, Series C No. 422, 26/3/2021

State's failure to conduct effective investigations into the murder of a sex-worker and trans woman because of her gender identity and expression – Ineffective investigation into gender-based violence relying on prejudices against the trans community amounts to a violation of the right to freedom of expression

Dissenting / Concurring: Odio Benito, Pazmiño Freire, Vio Grossi

Azul Rojas Marín v. Peru, IACtHR, Series C No. 402, 12/03/2020

Arbitrary arrest, rape and verbal abuse of a gay, currently trans, man by police officers during detention because of her sexual orientation – Discriminatory torture on the basis of sexual orientation – Violation of the rights to personal liberty, personal integrity, privacy, judicial guarantees and the judicial protection

Guzmán Albarracín and Others v. Ecuador, IACtHR, Series C No. 405, 24/06/2020

Student repeatedly sexually abused by her public school's vice principal - Being pressured by the abuser to have an abortion, she committed suicide - Violation of the right to life, personal integrity, private life, dignity, education, health and to be free from gender violence and discrimination - State's obligation to adopt structural measures to address sexual violence in the school environment, including a policy to provide access to sex and reproductive education

Workers of the Fireworks Factory in Santo Antônio de Jesus and Their Families v. Brazil, IACtHR, Series C No. 407, 15/07/2020

Death of sixty people among which twenty children and forty women constituting the majority of the city's low-income workers in the explosion of a fireworks factory – Gender stereotypes nurturing the division of labor pushing women to turn to fireworks industry – State's failure to regulate, supervise and address the factory's unsafe working conditions – Violation of the right to an effective remedy, to life, to personal integrity, to judicial protection, to equality in the enjoyment of health safety, children rights and non-discrimination in general

Judge Rapporteur: Gender-based violence, discrimination against women, intersectionality

Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto / Pérez Manrique / Pazmiño Freire

Cuscul Pivaral et al. v. Guatemala, IACtHR, Series C No. 359, 23/08/2018

State's violation of the rights to health, life, personal integrity, judicial process, and non-discrimination of 49 people diagnosed with HIV between 1992 and 2003, and of the right to personal integrity of several family members - State's violation of its duty to provide available, accessible, and quality healthcare