Domestic violence in Argentina: the IACHR welcomes the full compliance of the Friendly Settlement Agreement in the case of Graciela Ramos and her family

29-08-2022

Patricio Trincado Vera

International Justice and Human Rights Researcher

Global Human Rights Defence

On the last 26th of August, the Inter-American Commission of Human Rights declared the full compliance and the consequential cessation of the monitoring of the  of the Friendly Settlement Agreement Report Nº 197/20, with regards to the case 13.011 between Argentina and Graciela Ramos Rocha and her family. 

The facts of this case date back to 2003, Msr. Ramos, who was pregnant at the time,decided to leave the house that she shared with her husband due to the years of domestic violence that she has been subjected to. She escaped with her other three children and since they had nowhere to go, Msr. Ramos decided to enter an empty house that had no lock. One of her children has a disability. Msr. Ramos was denounced and sentenced to one year of prison for the crime of usurpation. 

With the help of the Argentinian defence institution, Msr. Ramos resorted to the Inter-American Commission of Human Rights, arguing the international responsibility of the Argentinian state for the infringement of the principle of legality in the procedure under which she was convicted. On the 13th of September of 2019, both parties reached a Friendly Settlement Agreement. The state agreed to give Msr. Ramos a property where she could live with her family, as well as to provide her children with school insertion and medical assistance. The IACHR declared that the agreement was fulfilled 

Friendly settlement agreements are a mechanism contemplated in article 48 (1)(f) of the American Convention on Human Rights that allow a dialogue between the parties aimed at the implementation of redress measures in favour of the victims of alleged human rights violations. 

Sources and Further Reading:

Inter-American Commission of Human Rights (2022, August 26). CIDH celebra cumplimiento total del acuerdo de solución amistosa sobre el Caso 13.011 por parte del Estado de Argentina. Inter-American Commission of Human Rights Press releases. Retrieved August 28, 2022, from http://www.oas.org/es/CIDH/jsForm/?File=/es/cidh/prensa/comunicados/2022/188.asp 

Inter-American Commission of Human Rights. Friendly Settlement. Inter-American Commission of Human Rights. Retrieved August 28, 2022, from https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/friendly_settlements/default.asp 

Inter-American Commission of Human Rights (2020, July 12). Informe de No. 197/20 Caso 13.011. Retrieved August 29, 2022, from http://www.oas.org/es/cidh/decisiones/2020/arsa13011es.pdf