Inter-American Court of Human Rights landmark ruling in Bolivian sexual violence case strengthens access to justice for adolescent girls 


COCHABAMBA, Bolivia, Jan. 19, 2023 (GLOBE NEWSWIRE) -- A landmark sexual violence case brought by Brisa De Angulo against the State of Bolivia reached its conclusion on January 19, 2023, when the Inter-American Court of Human Rights (IACtHR) announced its landmark verdict in favor of Brisa. International women’s rights organization Equality Now, which formed part of her legal team, and A Breeze of Hope Foundation, founded by Brisa, applauded the progressive ruling, which will strengthen access to justice for adolescent girls who have been subjected to sexual violence.

Raped repeatedly for months by an adult relative starting when she was 15, Brisa endured three trials but has still not received justice in Bolivia. In 2010, the Inter-American Commission on Human Rights (IACHR) concluded that the State had failed to properly investigate and prosecute her case, and in doing so, violated her internationally protected human rights. In 2020, the Commission referred Brisa’s case to the IACtHR, which held a hearing in March 2022 and issued its verdict today. 

This was the first time in history that the IACtHR heard a case pertaining to the human rights violations of an adolescent victim of incest. The Court’s decision has established legal precedents for the Americas region which could improve access to justice and prevent discriminatory practices and revictimization for millions of child and adolescent victims of sexual violence during the judicial process. 

The judgment declares Bolivia responsible for failing to comply with its international responsibility to prevent, address, punish, and redress the sexual and institutional violence suffered by Brisa. 

The groundbreaking judgment reflects and reinforces regional and international standards in the area of sexual violence against girls and adolescents, especially in the context of sexual violence suffered in the family environment. It is a model sentence guaranteeing non-repetition measures by establishing legal changes, implementation, training, and prevention in comprehensive sexual education, among other very concrete measures for Bolivia. Furthermore, it encourages broader change by setting a strong precedent in the Americas. 

Brisa and the advocates who have been working for years to help elevate her case welcome the Court’s ruling, which has significant implications for both Bolivia and the wider region. Equality Now’s report, Failure to Protect, details discriminatory sexual violence laws and practices in Bolivia and throughout the Americas, where this judgment could also guide changes.  

Bárbara Jiménez Santiago, a member of Brisa’s legal team and a human rights lawyer at Equality Now, said, “This has been a very long journey for Brisa and it has been an honor to support her in this process and to see finally that she has received reparation and justice. 

“It is part of her own healing journey so it is very important for me as an Equality Now lawyer and advocate to be part of this historical moment, seeing that the Court is going to provide reparations to Brisa, not with individual reparations but with non-repetition measures, which will mean that no other girls should suffer what she experienced.”

Today, Brisa is a lawyer, child psychologist, and founder and CEO of A Breeze of Hope (Fundación Una Brisa De Esperanza, FUBE), a charity that supports sexually abused children in Bolivia. 

Brisa explains, “The Court recognized that the treatment that Bolivia gave me was cruel and inhumane. This is very powerful because they are acknowledging that this treatment is cruel and inhumane. But we shouldn't have to have an international standard to say we should be treated humanely because there are still girls that are going through this, so at least there is finally recognition.” 

Brisa’s experience within the criminal justice system is emblematic of the struggle that adolescent survivors of sexual violence face in Bolivia, across Latin America, and elsewhere. The World Health Organization estimates that 30% of women globally suffer some form of sexual violence, with 70% of Bolivian women reporting being subjected to physical or sexual abuse during their lifetime. 

It is clear that after this ruling, the 2017 recommendations of the Inter-American Commission of Human Rights and the many experts supporting Brisa’s case have been taken into account.

Media inquiries: Tara Carey, tcarey@equalitynow.org, +447971556340