Sexual violence criminal offence -The Court considers sexual violence also when sexual intercourse is consummated even if only by taking advantage of the state of prostration, distress or diminished resistance in which the victim is reduced
Contents for term
Sexual violence criminal offence -The Court considers sexual violence also when sexual intercourse is consummated even if only by taking advantage of the state of prostration, distress or diminished resistance in which the victim is reduced
Restraining order applicable when cohabitation between the defendant and the victim is no longer in place - Attempt to violently restore cohabitation may constitute grounds for imposing a restraining order
Protection of victims of domestic and gender-based violence - Suspended sentence granted to the defendant on account of his participation in specific rehabilitation programmes at qualified institutions or associations
The utterance of improper and offensive sentences aloud, in the presence of several users, towards a colleague - Sexually offensive sentences towards a colleague and just cause for dismissal
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
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
Recognition of international protection - Gender-based violence as one of the offences expressly envisaged for the purposes of granting refugee status - Refusal to an arranged marriage
Persecutory acts – The offence of persecutory acts is also committed in the case of indirect harassment - Communications of a harassing or threatening nature directed to recipients other than the offended person, but linked to the latter by a qualified relationship of proximity
Family abuse - Definition of the concept of ‘cohabitation’ is required to establish the crime family abuse - Cohabitation is a deep-rooted and stable affective relationship characterised by a lasting living together in the same place
Sexual violence and sexual acts with a minor – Regarding child sexual assault in a family context, reliability of statements made by the child and probable influence of the family
Family abuse - Repeated acts of physical or moral harassment - Habitual abuse by the defendant resulting in harassing and humiliating behaviour, which lasted for years and served to build a domestic life system that was no longer tolerable
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
Ineffective investigation into allegations of forced abortions and forced contraception after rape by a doctor in a neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity - Respondent State's failure to establish and apply effectively a system protecting intellectually disabled women in psychiatric institutions against serious breaches of their integrity - Inadequate criminal legislation and lack of mechanisms to prevent such abuse
Persecutory acts and stalking – Publication of social media posts causing the creation of an intimidating and hostile climate capable of compromising victim’s peace of mind and psychological freedom
Distinction between persecutory acts and harassment - Persecutory acts cause the victim a persistent and severe state of anxiety or alteration of his or her life habits - Harassment as acts aimed at annoying the victim
Family abuse - Repeated acts of physical or moral harassment – Family abuse criminal offence also applies to working relationships in which, due to the small number of people and the limited space, the environment is comparable to a family
Irrelevant cultural motive in cases of denial of fundamental goods and rights as configured by the constitutional framework - Assignment of minor daughter for payment of the so-called ‘bride price”
Sexual violence criminal offence - The offence of sexual assault is committed even if a more invasive act of the victim's sexual sphere had been prearranged
Sexual violence committed even if the violence is not brutal and aggressive – Sexual violence act even exclusively as a functional and limited pretension of the sexual act itself – Kissin is a sexual act
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