Summary

This document outlines the principles and guidelines of the Brasilia Declaration, focusing on ensuring access to justice for vulnerable groups. It discusses different types of violence against women and provides examples of vulnerable groups.

Full Transcript

# Leyes de Brasilia ## Finalidad: Guarantee effective access to justice for individuals in vulnerable circumstances, without discrimination. This includes implementing policies and measures that facilitate this access and protect personal data of those affected. Additionally, it aims to promote ade...

# Leyes de Brasilia ## Finalidad: Guarantee effective access to justice for individuals in vulnerable circumstances, without discrimination. This includes implementing policies and measures that facilitate this access and protect personal data of those affected. Additionally, it aims to promote adequate and specialized attention within the judicial system. ## Beneficiarios: The beneficiaries of these guidelines include individuals in vulnerable circumstances who face difficulties in exercising their rights within the judicial system, due to factors like age, gender, physical or mental state, and social, economic, ethnic, and cultural factors. ## Destinatarios de las reglas: The recipients of the guidelines include: * Individuals in charge of designing, implementing, and evaluating public policies within the judicial system * Judges, prosecutors, public defenders, and other staff within the judicial administration system * Lawyers, bar associations, and lawyer organizations, as well as institutions of Ombudsman, police, and penitentiary services. ## Belén do para - Área de aplicación (art. 1) For purposes of this Convention, violence against women should be understood as any act or conduct, based on gender, that causes death, physical, sexual, or psychological harm or suffering to the woman, in both public and private settings. ### Types of violence. Rights that protect: 1. **Physical violence**: Any act that is employed against the woman's body, causing pain, damage, or the risk of causing such harm, and any form of abuse or assault affecting her physical integrity. 2. **Psychological violence**: Any act that causes emotional damage and diminishes self-esteem, or harms and disrupts the woman's personal development, seeking to degrade or control her actions, behavior, beliefs, and decisions, through threats, harassment, stalking, restriction, humiliation, dishonoring, etc. This encompasses blaming, constant surveillance, insults, indifference, jealousy, etc. 3. **Sexual violence**: Any action involving a violation of the woman's right to voluntarily decide in all its forms, with or without genital contact, about her sexual or reproductive life through force or intimidation, including rape within marriage or in other intimate relationships, or in those of kinship, regardless of whether there is cohabitation, as well as forced prostitution, harassment, sexual abuse, and human trafficking. The protected rights include: the right to life, personal integrity, freedom, security, and to NOT be subjected to torture or other cruel or degrading treatment. ## International Protection Mechanisms: The convention promotes cooperation among member states and includes mechanisms for monitoring and evaluation. It also enables women, individually, or through organizations, to submit petitions and complaints to the Inter-American Commission on Human Rights. # Access to justice for vulnerable groups ## Definition of vulnerable groups: Vulnerable individuals are defined as those individuals who, due to their age, gender, physical or mental state, or social, economic, ethnic, and/or cultural circumstances, encounter specific difficulties in fully exercising their legally recognized rights within the justice system. ## Types of groups: 1. **Children and adolescents**: Individuals under the age of 18, unless they have reached legal majority earlier, according to national laws. For example, the right to vote. 2. **Elderly persons**: Elderly persons are defined as those individuals who are confronted with specific difficulties in exercising their rights before the justice system, due to their functional limitations. 3. **People with disabilities**: People with disabilities are those individuals with physical, mental, or sensory impairments, whether permanent or temporary, that limit their ability to perform basic activities of daily living, which can be caused or exacerbated by their economic and social environment. 4. **Indigenous communities**: Indigenous communities are considered vulnerable when exercising their rights before state judicial systems. Conditions should be promoted to enable these communities to fully exercise their rights in the justice system without discrimination based on their origins or identities. 5. **Women**: Any distinction, exclusion, or restriction based on sex that aims or results in undermining or nullifying the woman's recognition, enjoyment, or exercise, regardless of marital status, of her human rights and freedoms under the principle of equality between women and men, including, but not limited to, the political, economic, social, cultural, and civil spheres, or any other sphere, constitutes discrimination against women.

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