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Briefly Noted

Published online by Cambridge University Press:  04 February 2021

Extract

Issued on June 24, 2020, this is the first judgment of the Court on sexual violence in schools. The case involved the death of a student in a public high school in Ecuador, who was the victim of sexual violence nearly twenty years ago. Following the coerced termination of a pregnancy, the student committed suicide. Following her death, her family filed several complaints against the school and its vice principal, but a proper investigation was never undertaken, nor have any Ecuadorian courts ruled on the matter. Therefore, the victim's mother filed a petition at the Inter-American Commission, arguing that Ecuador was responsible for her daughter's death. The Commission agreed, finding that Ecuador was responsible for violating the deceased's rights to life; physical, mental, and moral integrity; privacy; special protection as a child; equal protection; progressive development; and education. Moreover, the Commission found that the family's rights to humane treatment, fair trial, and judicial protection were violated. Finally, it held that Ecuador failed to respect the obligation in Article 7 of the Convention on the Prevention, Punishment and Eradication of Violence Against Women to prevent, punish and eradicate violence against women. The Commission made several recommendations to Ecuador as a result, but Ecuador failed to comply with its recommendations. Therefore, the Commission took the case to the Court for an official declaration of Ecuador's responsibility.

Type
Briefly Noted
Copyright
Copyright © American Society of International Law 2021

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