SEXUAL TORTURE: THE JURISPRUDENCE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS ON SEXUAL VIOLENCE

Abstract

The Inter-American Court of Human Rights has elaborated in its jurisprudence a concept of sexual violence and has also considered, depending on the specific case, that this may be subject to torture or cruel, inhuman or degrading treatment. This paper analyzes the jurisprudence of the Inter-American Court of Human Rights in order to determine whether it has considered sexual violence as torture or cruel, inhuman or degrading treatment, identifying and systematizing the standards used for this purpose. Understanding the foregoing is relevant for Chile since the standards of the Inter-American Court of Human Rights are applicable by way of conventionality control. Having clarity about these institutions can be useful for directing public policies in a way that is consistent with international standards. Likewise, it may be relevant for the exercise of criminal jurisdiction in cases related to sexual crimes against women or cases of violence committed by State agents that have a sexual connotation.