Supreme Court of Justice of Argentina,289 the Constitutional Court of Colombia290, the
Supreme Court of Mexico291 and the Supreme Court of Panama292 have cited and applied
such a control, taking into account the interpretations offered by the Inter-American Court.
284. In conclusion, based on the treaty control mechanism, legal and administrative
interpretations and proper judicial guarantees should be applied in accordance with the
principles established in the jurisprudence of this Court in the present case 293. This is of
particular importance in relation to sexual orientation as one of the prohibited categories of
discrimination pursuant to Article 1.1 of the American Convention (supra paragraph C.2).
D)
Compensation for pecuniary and non-pecuniary damages
285. The Court has developed case law on the concepts of pecuniary294 and nonpecuniary295 damages and the scenarios in which it is proper to pay them.
1.
Pecuniary damage
286. The Commission asked the Court to “set a fair amount of compensation that
corresponds to the pecuniary damage [...] caused.”
287. The representatives requested payment for “consequential damages that [Ms. Atala]
has had or will have to defray in the future, as well as the loss of legitimate earnings or
profits that she has incurred or will incur.” Such compensation would contemplate:
(i)
expenses related to “psychiatric and therapeutic care [...] and the costs of
prescriptions for numerous medicines, which the petitioner has incurred and which in
future will generate costs estimated at” $62,205 USD (sixty-two thousand, two
hundred and five dollars of the United States of America);
ii)
transportation expenses, bearing in mind that Ms. Atala’s three daughters live
in Temuco and that “the projection made regarding future expenses, is calculated
until the time the youngest girl comes of age”, which would amount to $38,752 USD
289
Cf. Judgment issued on December 23, 2004 by the Supreme Court of Argentina (File No. 224. XXXIX),
“Espósito, Miguel Angel s/ Incidental Proceeding of Limitation on the Criminal Action commenced by the Defense,”
considering clause 6 and Judgment of the Inter-American Court of Human Rights of the Supreme Court of
Argentina, Mazzeo, July Lilo, et al., cassation recourse and unconstitutionality. M. 2333. XLII. Et al. of July 13,
2007, para. 20.
290
Cf. Judgment C-010/00 issued on March 19, 2000 by the Constitutional Court of Colombia, para. 6.
291
Cf. Plenary of the Supreme Court of Justice of Mexico, Record 912/2010, Decision of July 14 2011.
292
Cf. Supreme Court of Justice of Panama, Decision No. 240 of May 12, 2010 in compliance with the
Judgment of the Inter-American Court of Human Rights, of January 27, 2009, in the case of Santander Tristan
Donoso v. Panama.
293
Cf. Case López Mendoza v. Venezuela. Merits Reparations and Costs. Judgment of September 1, 2011.
Series C No. 233, para. 228.
294
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002.
Series C No. 91, para. 43; Case of Fontevecchia and D`Amico, supra note 28, para. 114
295
The Court has held that non-pecuniary harm “may encompass both the suffering and injuries caused to
the direct victim and close relatives or friends, the impairment of very significant values [...], as well as nonpecuniary alterations in the conditions of existence of the victim of her family.” Case of the “Street Children” ,
supra note ¡Error! Marcador no definido., para. 84 and Case of Fontevecchia and D`Amico, supra note 28, para.
120.
81