A/HRC/44/54
29.
While the Law on the protection of victims, witnesses and others contains a
comprehensive legal framework, OHCHR observed that victims generally do not receive
any psychosocial support before, during or after judicial proceedings, and protection
measures are often not effectively implemented.
30.
Moreover, OHCHR received reports of wrongful gender stereotyping within the
legal system, and gender-based violence, including threats, mistreatment and verbal abuse
by public officials and judicial officers. In particular, this affects women petitioners who
usually bear the brunt of the search for truth, justice and reparations for violations suffered
by their male relatives.
31.
OHCHR received information of additional obstacles to access to justice since the
declaration of “state of alarm” on 13 March as a result of the COVID-19 pandemic.
Lawyers and non-governmental organizations supporting victims reported that the justice
system had not established an effective mechanism to process urgent actions. 28 Restrictions
on access and communication between lawyers and their defendants have also reportedly
increased.
B.
Gender-based violence
32.
While the Organic Law on the right of women to a life free of violence is aimed at
providing protection and justice for victims of sexual and gender-based violence, its
implementation remains partial and insufficient to adequately protect victims. The
Government announced that in 2019, the Office of the Attorney General had received
32,530 complaints of violence against women, but it did not provide information on
outcomes.29
33.
OHCHR observed a lack of due diligence in investigative proceedings related to
cases of gender-based violence. Although courts and police units specialized in genderbased violence are in place, victims’ accounts indicate that they usually lack a victimcentred approach. There are only five shelters providing protection to women victims of
gender-based violence in the Bolivarian Republic of Venezuela, and they have been
considerably weakened owing to the economic crisis.
34.
OHCHR received information about potential cases of trafficking in persons,
including of women and girls for the purpose of sexual exploitation, to Curaçao and
Trinidad and Tobago. Family members reported the disappearances to the Office of the
Attorney General in June 2019 and on 20 February 2020, but there has been little progress
in the investigations into their fates and whereabouts and the alleged existence of
trafficking networks.
C.
Violations of economic and social rights
35.
Domestic legislation provides comprehensive legal remedies to protect economic
and social rights, and the Bolivarian Republic of Venezuela has been a State party to the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
since 2018. Nevertheless, OHCHR found that key legal remedies have been ineffective for
victims of violations of economic and social rights. Furthermore, in 2015, the Committee
on Economic, Social and Cultural Rights expressed concerns about the Supreme Court’s
jurisprudence ruling that some economic and social rights did not fall within the scope of
judicial protection.30
36.
Victims and lawyers interviewed by OHCHR raised concerns about the handling of
applications for amparo by courts, which results in considerable delays in the proceedings
affecting their effectiveness, especially in urgent requests for precautionary/interim
measures to avoid irreparable harm. OHCHR documented cases of amparo demanding
28
29
30
On 20 March the Supreme Court issued a resolution (0001-2020) declaring the suspension of the
work of the courts, but ensuring their capacity to continue dealing with urgent matters.
Information provided by the Government of the Bolivarian Republic of Venezuela to OHCHR on 2
June 2020.
E/C.12/VEN/CO/3, para. 7.
7
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