Submitted by crinadmin on
Summary: The court based its ruling on the fact that the girls were alleged sex workers, which the South American regional office of the UN OHCHR considers "unthinkable".
[SANTIAGO, 5 April 2012] - The Regional Office for South America of the United Nations Office of the High Commissioner for Human Rights (OHCHR) deplores the decision of Brazil's Supreme Court which has absolved a man charged with raping three 12-year-old girls, basing its arguments on the fact that the girls were alleged sex workers. "It is unthinkable that the sexual life of a 12-year-old could be used to waive her rights," said Amerigo Incalcaterra, OHCHR´s Regional Representative for South America. "This decision marks a dangerous precedent and discriminates against the victims based on both their age and gender." Incalcaterra noted that the Supreme Court´s decision contravenes several international human rights treaties, which Brazil has ratified, including the Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). He stressed that "all courts have a legal obligation to interpret and apply such international human rights treaties." The Regional Representative echoed UNICEF-Brazil's condemnation of this decision as one that jeopardises the progress made in Brazil with regard to the rights of children and adolescents. Incalcaterra urged State authorities, including judicial officials, to prioritise the best interest of the child in decision-making and reminded States of their obligation to protect children from all forms violence, including sexual abuse.[1] International human rights guidelines clearly state that a woman’s sexual life should not be taken into consideration when deciding the extent of her legal rights and protections, including protection against rape.[2] Moreover, according to international jurisprudence, cases of sexual abuse should not consider the sexual life of the victim in order to determine the existence of an offence, as this approach is discriminatory based on gender.[3] Incalcaterra welcomed the statement by Brazil´s Human Rights Secretariat, in which Minister Maria do Rosario says children's rights can never be relative and in which she criticises the Court´s sentence for creating impunity for such a serious crime. The Regional Representative also offered the assistance and cooperation of his Office to the judiciary on international human rights standards. [1] CRC, General Comment No 4, adolescent health and development, para. 18 Further Information:
[2] ICCPR, General Comment No 18, on equal rights of men and women, para. 20
[3] ICCPR, LNP v Argentina 1610/2010, para. 13.