unwarranted and permanent separation of a family is such that it must be examined as a possible violation of the
right to personal integrity of each member of that family. This Court has held that separation of girls and boys
from their families may have especially serious specific impacts on their personal integrity, which may have
lasting impact.”194 [unofficial translation. Original available only in Spanish]
173.
In this regard, and taking account of the concept of family as defined in the standards established by
the inter-American system, the Commission takes note of the impact that the facts denounced had not only in
relation to D., but also to his family, in this case, his father. In particular, the Commission considers that the
omissions and delays attributed to the Paraguayan State have created a state of permanent anguish and
dislocation, given the lack of protection against the abduction of the child D.
174.
The Commission considers that the facts implied a violation of the right to personal integrity
enshrined in Article 5 of the American Convention, read in conjunction with Article 1.1 thereof, to the detriment
of D. and his father.
V.
CONCLUSIONS AND RECOMMENDATIONS
175.
The Commission concludes that the Paraguayan State is responsible for the violation of the rights to
integrity, judicial guarantees, private life, protection of the family, the rights of the child, and judicial protection
upheld in Articles 5, 8, 11, 17, 19, and 25 of the American Convention, read in conjunction with the obligations
established in Articles 1.1 and 2 of that instrument, to the detriment of D. and Arnaldo Javier Córdoba.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF PARAGUAY
1.
Provide comprehensive reparation for the violations of human rights set forth in this report, both
material and immaterial. The State should adopt measures for economic compensation and satisfaction.
Specifically, the State should pay for measures for reparation of the violations set forth in this report.
2.
Urgently adopt, among other measures, a plan for interaction between D and his father, with a timetable
and specific measures that include specialized support and the resources necessary for the relevant travel.
3.
Order the measures necessary to ensure that the procedure regarding international abduction of girls,
boys, or adolescents complies with the standards referenced in this report. To that end, the competent authority
should adopt a protocol for the implementation of the international return procedure that safeguards the rights
of girls, boys, and adolescents, bringing domestic norms into line with the inter-American standards. In
particular, such regulation should ensure respect for the guiding principles in this area of the rights of girls, boys,
and adolescents, with special attention to the principle of safeguarding their best interest, as well as the principle
of exceptional diligence and celerity, as guiding principles of the procedure, including at the stage of
implementation of the return.
4.
Adopt measures to provide training for the authorities with jurisdiction in the area of international
abduction so that they respect and guarantee the rights of girls, boys, and adolescents, and of their fathers and
mothers or, if applicable, family members, in these types of procedure, and within a reasonable time period,
including the aspects regarding implementation of an order for return. Also to provide training in keeping with
the standards contained in this report for personnel or professionals participating in support in the area of
building relationships.
I/A Court H.R. Case of Ramírez Escobar et al. v. Guatemala. Merits, Reparation, and Costs. Judgment of March 9, 2018. Series C No. 351,
par. 365.
194
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents