In 1978, the court of first instance ruled in favor of Graciela Ato del Avellanal on a claim for overdue rent owed to her by tenants of two apartment buildings she owned in Lima. The Superior Court reversed the judgment in 1980 because article 168 of the Peruvian Civil Code stated that when a woman is married, only the husband is entitled to represent matrimonial property before the Courts; therefore, Avellanal did not herself have standing to sue.
Plaintiff worked for the defendant and sold cars. Following termination of her employment, she filed a complaint with the Humans Rights Commission. The Commission found she was entitled to back pay, fringe benefits, interest, and that the defendant was to cease and desist its unlawful employment practices. In response to defendant’s appeal, the court found that the plaintiff’s testimony that she was never confronted for unsatisfactory work performance, and she neither received formal evaluations, nor written or oral warnings was credible.
States are responsible for private acts of violence (duty to investigate, prosecute and punish).
