The Decision of the Inter-American Court of Human Rights in the Case of Angulo Losada V. Bolivia: A Catalyst for the Rights of Girls and Victims of Sexual Violence

Authors

• Brisa De Angulo, A Breeze of Hope Foundation
• Rosa Celorio, George Washington University Law School
• Bárbara Jiménez-Santiag, Latin America and the Caribbean for Equality Now
• Rosemarie Hidalgo, University of Miami School of Law
• Carolina Perez, University of Miami School of Law

Abstract

The Inter-American Court of Human Rights issued its judgment in the case of Angulo Losada v. Bolivia on November 18, 2022, finding that the country of Bolivia violated the human rights of a victim of sexual violence by failing to thoroughly and promptly investigate, prosecute, and sanction a case of incestuous sexual violence against an adolescent girl by an older male relative. The Court advanced an enhanced due diligence standard, establishing that an intersectional gender and child-rights perspective needs to guide the judicial processing of cases of sexual violence against children and adolescents. The Court set critical legal standards for justice systems in the processing of cases of sexual violence and confirmed that victims should be treated humanely and with dignity when seeking justice. The Court’s ruling was far-reaching in its content and reparations, calling on Bolivia to reform its laws on sexual violence; mandating the incorporation of consent as the central element to prove these crimes; eliminating a lesser standard for sexual offenses against adolescents ages fourteen to eighteen and recognizing these offenses as rape; and ordering the criminalization of rape in the context of incest, among many other measures.

This Article reflects on the groundbreaking nature of this judgment and its contributions to Inter-American Human Rights standards concerning children, adolescents, women, and gender equality issues. It also contends that this judgment has immense potential to fuel the reform of laws and policies concerning sexual violence against children and adolescents in the Americas. Lastly, this Article discusses important elements that are critical to ensure that Inter-American Court judgments, such as the one in Angulo Losada, are duly implemented at the domestic level.

Recommended Citation

Brisa De Angulo, Rosa Celorio, Bárbara Jiménez-Santiag, Rosemarie Hidalgo & Carolina Perez, The Decision of the Inter-American Court of Human Rights in the Case of Angulo Losada V. Bolivia: A Catalyst for the Rights of Girls and Victims of Sexual Violence, 33 U. MIA. Int'l & Compar. L. Rev. 333 (2026).
Available at: https://repository.law.miami.edu/umiclr/vol33/iss2/4