IACHR Publishes Friendly Settlement Agreement on Petition 1256-05, Concerning Gender-Based Violence and Institutional Ill-Treatment Suffered by Ivana Emilce Rosales in Argentina

December 21, 2022

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Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) has decided to approve the friendly settlement agreement concerning Petition 1256-05—Ivana Emilce Rosales, Argentina—and to publish approval report 305/22. This petition concerns the international responsibility of the Argentine State for rights violations suffered by the alleged victim and her daughters as a result of the institutional ill-treatment they suffered. A series of provincial judicial officers in the province of Neuquén mistreated these women while the latter were engaging in proceedings linked to the attempted homicide of Ivana Emilce Rosales, which had consequences for her personal integrity.

On July 6, 2017, the parties decided to launch a friendly settlement process that led to the signing of a commitment with the province of Neuquén on September 11, 2019. Later, they signed a friendly settlement agreement with the State of Argentina on September 23, 2021, during a public event held in the city of Buenos Aires where the State acknowledged its international responsibility for these events. In these agreements, the province of Neuquén and the State of Argentina acknowledged their international responsibility for violations of the rights held in Articles 5 (right to humane treatment), 8 (right to a fair trial), 11 (right to privacy), 24 (right to equal protection), and 25 (right to judicial protection) of the American Convention on Human Rights, in accordance with Article 1.1 (obligation to respect rights) of the Convention. The province of Neuquén and the State of Argentina further acknowledged their international responsibility for violations of Articles 4 and 7 of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, to the detriment of Ivana Emilce Rosales and her daughters Mayka and Abril Rosales.

The State committed to implementing the following redress measures: 1) holding a public event to acknowledge its international responsibility; 2) posting the friendly settlement agreement on the website of the National Department of Human Rights and publishing a press release on this matter in two national daily newspapers; 3) continuing to implement the National Action Plan Against Various Types of Gender-Based Violence (2020–2022) on a federal scale; 4) continuing to implement the National Program to Prevent Various Types of Gender-Based Violence; 5) promoting and implementing the act that required compulsory training on gender and violence against women, known as the "Micaela Act"; 6) implementing and publicizing the Program to Assist and Support Individuals Who Are At Risk of Suffering Gender-Based Violence (Acompañar Program); 7) taking action in the context of the Inter-Ministry Program to Comprehensively Address Extreme Gender-Based Violence; 8) implementing and publicizing the Program to Provide Urgent Support and Comprehensive Assistance in Extreme Cases of Gender-Based Violence; 9) improving access to justice for individuals who suffer gender-based violence; 10) training police and other law enforcement officers; 11) implementing the Program to Strengthen Local Schemes to Provide Comprehensive Protection to Individuals in Contexts of Gender-Based Violence; 12) continuing to produce systematized strategic information concerning various types of gender-based violence; 13) supporting and publicizing the work of the Integrated System to Address Cases of Gender-Based Violence; 14) supporting the Single Record of Complaints for Gender-Based Violence (URGE); 15) developing a protocol to manage potentially deadly cases; 16) broadcasting the documentary Gotas de Lluvia; and 17) developing and publicizing general guidelines for work concerning non-violent masculine identities.

Similarly, the province of Neuquén committed to taking the following action: 1) creating a center to provide comprehensive protection for victims of gender-based violence; 2) creating a group of lawyers to assist victims of gender-based violence within the province of Neuquén, with a view to providing free, comprehensive, and specialized legal support; 3) publishing and publicizing an information leaflet on gender-based violence; 4) training public officials based on the Micaela Act; 5) taking part in the Single Record of Cases of Violence Against Women; 6) providing legal support to Abril Rosales; 7) allocating a home to Abril Rosales; 8) paying financial compensation; 9) paying legal fees and expenses; 10) publicizing the film Ella se lo buscó ("She was asking for it"); and 11) publicizing the provincial agreement. The province of Neuquén further committed to not using the name of Ivana Rosales for events, campaigns, programs, or any other State action without her daughter's express consent.

In friendly settlement report 305/22, the IACHR noted full compliance with measures held in the provincial commitment linked to the allocation of a home and the provision of legal assistance to Abril Rosales; payment of financial compensation; payment of legal fees and expenses; and dissemination of the film Ella se lo buscó in educational institutions. The IACHR also noted full compliance with the public event in which the State acknowledged its international responsibility for these events, held in the friendly settlement agreement with the State of Argentina. Finally, the IACHR decided to continue to monitor the remaining measures, until full compliance with them has been verified.

The Commission values the efforts made by the parties to negotiate a friendly settlement agreement that is compatible with the Convention's goals and purposes. The IACHR commends the State on its efforts to turn to this alternative conflict-resolution mechanism and invites the State to continue to use friendly settlement procedures to resolve other cases that are currently being addressed in the individual petition and case system. The Commission congratulates the petitioning party for all its efforts and willingness to take part in negotiations and to seek implementation of this agreement.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 284/22

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