Maria da Penha Maia Fernandes v. Brazil

Case 12.051, Inter-Am. Comm’n H.R., Report No. 54/01, OEA/Ser. L./V/II.111, doc. 20 rev. at 704 (2000)

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Maria da Penha Maia Fernandes v. Brazil

Inter-American Commission on Human Rights
Case 12.051, Inter-Am. Comm’n H.R., Report No. 54/01, OEA/Ser. L./V/II.111, doc. 20 rev. at 704 (2000)

Facts

María da Penha Maia Fernandes (plaintiff) was a victim of domestic violence throughout her marriage to her husband, Marco Antônio Heredia Viveiros. In 1983 Viveiros attempted to murder Fernandes by shooting her in her sleep, which left her suffering from paraplegia and other conditions. Fernandes needed numerous surgeries. Fernandes alleged that when she returned home from the hospital two weeks after the attack, Viveiros tried to electrocute her while she was showering. Fifteen years after the attack, the justice system in Brazil (defendant) had still not entered a final ruling against Viveiros. Fernandes alleged that her case represented a pattern of and practice in Brazil of condoning and tolerating domestic violence. Brazil had a pattern and practice of nonaction related to domestic violence. Statistics indicated that only 2 percent of the perpetrators of domestic abuse were convicted. However, Brazil had taken some positive steps. Brazil had: (1) set up special police stations to take complaints regarding violence toward women, (2) set up shelters for victims of abuse, and (3) struck down the honor defense used to justify wife killing. Unfortunately, these measures had limited implementation and essentially no effect. Fernandes filed a complaint, alleging that Brazil was in violation of equal protection and judicial protection under the American Convention on Human Rights. Also, Fernandes alleged a violation of the Convention of Belém do Pará, which protected rights such as a woman’s right to: (1) live without violence, (2) have her life and personal dignity respected, (3) have equal protection of the law, and (4) have prompt judicial recourse for violations of her rights. Fernandes asserted that Brazil had failed to prevent or punish domestic violence. Brazil did not respond to requests for information from the Inter-American Commission on Human Rights (the commission).

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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