Da Penha (Fernandes) v. Brazil

Da Penha v Brazil was the first decision, under the Inter-American system and worldwide, to hold that a State had committed a human rights violation for failing to protect a woman from domestic violence. Maria De Penha Fernandes filed a petition against Brazil in 1998, alleging that the Brazilian government condoned the ongoing domestic violence perpetrated against her by her husband, which culminated in two attempted murders, the first of which left her paralyzed. Despite clear evidence implicating the perpetrator, the initial investigation into the complainant's situation began eight years after the first murder attempt, and a final sentence had not yet been reached at the time of the complaint, seventeen years later. The Commission found that the States failure to effectively prosecute violated the American Convention of Human Rights (CADH), namely the rights to a fair trial and to judicial protection (Articles 8 and 25). Articles 2 and 18 of the American Declaration on the Rights and Duties of Man and Article 7 of the Convention of Belem do Para were also found to have been violated. One of the key elements of the Commission's decision is its focus on the pattern of negligence and ineffectiveness in the prosecution of violence against women cases. This case is also noteworthy for its discussion of temporal jurisdiction and the requirement that domestic remedies be exhausted. In Da Penha, the Commission shows a willingness to interpret its jurisdictional rules in favour of assuming jurisdiction.