Inter-American Court of Human Rights' reparation judgments ...

54 Revista IIDH[Vol. 49The revision of this case from a psychosocial approach revealed that thefundamentally legal vision could not reach the dimension of the victims’suffering and the necessity to repair it. The validity of some tests would bereinforced with a psychological consultant, and thus would facilitate thelegal work. The inter-disciplinary work, for its characteristics of amplitude,interchanges and diverse ideas, has been adapted to continue producingadvances in the treatment of cases before the Court, and in the doctrineand jurisprudence of human rights. 55On the other hand, in the massacre of Plan de Sánchez, several womenbetween the ages of 12 and 18 were sexually abused. The same occurredin other massacres of the country in the same period. The memory anddignity of women as transmitters and support groups remained culturally,and socially familiar, and individually damaged. Women were consumedby an intense fear that has paralyzed and prevented them from participatingin the processes of justice because of their fear to speak.During the public hearing the Court showed sensitivity to the women’saffectation due to the sexual violations. Nevertheless, the Court’s decisiondoes not allude specifically to the surviving women who suffered rape.The gender approach is essential in this area because it implies andrecognizes that violent conflicts affect men and women differently.A differential perspective is necessary in order to analyze the impactthat affects women generally. Throughout the armed dictatorships orconflicts, sexual violence, especially against women, has been frequentand systematic. The nullity and the associated stigma complicate thereintegration of women, as well as the access to justice or repair; given theimpact that the revelations can have in social or family lives.For example, the Report of the Truth Commission of South Africaindicated that the number of women who went to testify during thisprocess was extremely high regarding the number of men. In addition,it was demonstrated that women, who got to testify, did not speak about55 Neuburger, A., “Análisis del caso María Elena Loayza Tamayo contra Perú”,Psychological Assistance at Inter-American System, IIHR Project, San José,2005.