Defending Women’s Rights: The Inter-American Court’s Role in Ensuring Justice for Gender-Based Violence Victims

This paper argues that the Inter-American Court of Human Rights (IACtHR) has significantly enhanced the justiciability and remedies dimensions of women’s right to access justice in cases of gender-based violence. Through a holistic approach, the Court has demonstrated a commitment to addressing not only individual acts of violence but also the structural and systemic factors that perpetuate such violations. By analysing key jurisprudence, the paper illustrates how the IACtHR has expanded the legal standards for state accountability, strengthened due diligence obligations, and advanced reparative frameworks that go beyond individual redress to include transformative measures. Furthermore, the paper examines how national jurisdictions and international legal bodies have engaged with and integrated the Court’s jurisprudence, reinforcing its broader impact on the protection of women's rights. The findings suggest that the IACtHR has played a crucial role in shaping a more robust and enforceable legal framework for gender justice in the Inter-American system and beyond.

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Publication Details

Journal
Contemporary Challenges The Global Crime Justice and Security Journal
Published
2025-12-08
DOI
https://doi.org/10.2218/ccj.v5.10299
Primary Topic
International Human Rights and Reproductive Law
Type
article
Field-Weighted Citation Impact
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article

Defending Women’s Rights: The Inter-American Court’s Role in Ensuring Justice for Gender-Based Violence Victims

Contemporary Challenges The Global Crime Justice and Security Journal
International Human Rights and Reproductive Law
article

Defending Women’s Rights: The Inter-American Court’s Role in Ensuring Justice for Gender-Based Violence Victims

article en

Abstract

This paper argues that the Inter-American Court of Human Rights (IACtHR) has significantly enhanced the justiciability and remedies dimensions of women’s right to access justice in cases of gender-based violence. Through a holistic approach, the Court has demonstrated a commitment to addressing not only individual acts of violence but also the structural and systemic factors that perpetuate such violations. By analysing key jurisprudence, the paper illustrates how the IACtHR has expanded the legal standards for state accountability, strengthened due diligence obligations, and advanced reparative frameworks that go beyond individual redress to include transformative measures. Furthermore, the paper examines how national jurisdictions and international legal bodies have engaged with and integrated the Court’s jurisprudence, reinforcing its broader impact on the protection of women's rights. The findings suggest that the IACtHR has played a crucial role in shaping a more robust and enforceable legal framework for gender justice in the Inter-American system and beyond.

Contemporary Challenges The Global Crime Justice and Security JournalVol. 6
University of Edinburgh (GB)
Gender equality
Openalex Percentile: Top 28%
International Human Rights and Reproductive Law
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