Clothing and Consent: Everything to Know About the Latin American Court Debates

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The Inter-American Court of Human Rights (IACHR) has repeatedly ruled on structural judicial bias. In landmark decisions such as González et al. ("Cotton Field") v. Mexico and Véliz Franco v. Guatemala, the court made clear that states are liable when investigators and judges allow personal stereotypes to compromise investigations into violence against women.

When magistrates evaluate a complaint based on whether a woman wore lace, silk, or bright colors, the judicial organ itself commits institutional violence. Human rights tribunals have emphasized three non-negotiable principles for lower courts:

1. Relevance of Physical Evidence: Underwear and outerwear are relevant strictly to substantiate physical contact, DNA traces, and mechanical tearing or damage, not to infer subjective emotional state.
2. Exclusion of Subjective Inferences: Judges cannot legally establish psychological disposition or sexual compliance based on consumer fashion items.
3. Duty of Impartiality: Permitting character-assassination tactics violates the victim’s right to equal protection and due process under international treaties.