International Legal Aspects of Protection of Women from Violence within the Organization of American States Framework

Abstract

The paper is devoted to the protection of women from violence and discrimination within the framework of the activities of the bodies of the Organization of American States (OAS). The Special Mechanisms for the Protection of Women’s Rights of the OAS form the Inter-American system for the protection of women’s rights, while only the Inter-American Court of Human Rights (hereinafter referred to as the Court) has jurisdiction to make decisions binding on states. An analysis of the judicial precedents of the Inter-American Court of Human Rights allows us to conclude that violence against women in the Latin American and Caribbean region is classified as follows: violence against women committed by public servants; violence against women committed by private individuals; violence against women in the context of armed conflict; violence against indigenous women. The paper provides examples of cases in which the Court recognized the responsibility of states for non-compliance with international legal norms enshrined in the acts of the OAS, which resulted in a violation of women’s rights to a dignified life, free from violence and discrimination. Despite the imperfection of the OAS control mechanisms and the general politicization of this intergovernmental organization, its activities to protect women’s rights are unique and deserve in-depth study.