2. Non-pecuniary damages 295. The Commission requested that the Court establish in equity the amount of compensation corresponding to the non-pecuniary damage caused. 296. The representatives requested that the Court order the State to pay “pecuniary compensation” to repair the “suffering and afflictions caused by the violation of [Ms. Atala´s] fundamental rights,” the “obvious detriment to her life plan,” and the “mother and daughters’ painful separation and mutual loss.” The representatives’ requested the sum of $100,000 USD (one hundred thousand dollars of the United States of America) in compensation for non-pecuniary damages, for each of the victims. 297. The State reiterated the arguments put forward regarding pecuniary damages (supra para. 288). 298. The Court notes that in the public hearing Ms. Atala indicated that, during the disciplinary investigation conducted against her (supra para. 227), she felt “profoundly humiliated, exposed, as if [she] had been stripped naked and thrown into the public square.” She also stated that the decision of the Supreme Court of Chile which ruled on the recurso de queja (remedy of complaint) had a direct impact on her identity as a mother when it “deprived her of her daughters” for being a lesbian, causing her “humiliation [...] as a woman,” and stigmatizing her as “incapable” of being a mother and “raising her own children.” Furthermore, the victim declared that because of these events, her reputation, professional activities and her social and family relations were all affected. Finally, the experts who conducted a psychological evaluation of Ms. Atala and her daughters diagnosed various damages related to the discriminatory acts, as well as impairment of her private and family life as mentioned in this Judgment. 299. In this regard, the Court finds that the declared violations gave rise to different kinds of damage in the victims’ daily lives, different levels of stigma and distress. In view of the compensation ordered by the Court in other cases, and in consideration of the circumstances of the present case, the suffering caused to the victims, as well as the change in their living conditions and other intangible consequences, the Court deems it appropriate to establish, in equity, the sum of $20,000 USD (twenty thousand dollars of the United States of America) for Ms. Atala and $10,000 USD (ten thousand dollars of the United States of America) for each of the girls M., V., and R. as compensation for nonpecuniary damages. E) Costs and expenses 300. As the Court has indicated on previous occasions, costs and expenses are included in the amount provided for reparations under Article 63.1 of the American Convention303. 301. The Commission requested that the Court “order the State of Chile [to] pay the costs and expenses that ar[ose] from filing the [...] case, both in the domestic courts and in the Inter-American Human Rights System.” 303 Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998. Series C. No. 39, para. 79 and Case of Fontevecchia and D`Amico, supra note 28, para. 124. 84

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