82
civilian population, gender, and indigenous rights, for members of the Armed
Forces in all hierarchical ranks.
ix) Award of scholarships
263. The representatives affirmed that the facts of the case caused the Mrs.
Fernandez Ortega’s children to stop attending school for one year, that they were
absent due to the military presence in the community, and that the two eldest
daughters, so as to continue with their studies, had to move to the city of Ayutla,
where “they are only able to attend to their education in conditions of ‘semislavery.’” Based on the aforementioned, the representatives asked the Court to
order the State to award scholarships to Mrs. Fernández Ortega’s children, those of
which should cover their schooling up to and including university level, as well as
any expenses arising from their education, including periodic transport to and from
their community, should they study outside of it.
264. The Court has established in this Judgment that the facts of the case
harmed Mrs. Fernández Ortega’s children and this harm continues and has resulted
in significant alterations to their lives and also to their domestic relations and their
relations with the community, which have affected their personal development
(supra paras. 145 to 149). Based on the foregoing, and bearing in mind the
representatives’ request, the Court finds it appropriate to order as a measure of
satisfaction in this case, as it has in other cases,259 that the State award
scholarships in Mexican public establishments to Noemí, Ana Luz, Colosio, Nélida,
and Neftalí, all bearing the surname of Prisciliano Fernández, that covers all the
costs of their education until the completion of their higher education, whether of a
technical or professional nature. The State’s compliance with the obligation implies
that the beneficiaries must take certain measures to exercise their right to this
measure of reparation.260 Consequently, those who requested this measure of
reparation, or their legal representatives, have six months from notification of this
Judgment, to advise the State of their specific requirements concerning the
requested scholarships.
x) Provisions to enable a community school to function
265. The representatives asked the Court to order the State to provide the
indigenous community to which Mrs. Fernández Ortega belongs with the necessary
infrastructure for the functioning of a community school to promote and provide
education on women’s rights, in which Mrs. Fernández Ortega can play an active
role and can continue playing the role she had before she was raped. Said center
must be administered by the community itself and have the necessary educational
resources to function, to be provided by the State, together with the resources for
the Center to have expert advice on the human rights of women. In their final
written arguments, the representatives modified this request partially and asked
that OPIM be provided with resources for the functioning of the community school.
They indicated that the location and characteristics of the school would be defined
“collectively and gradually with the active participation of the Me’phaa women of
OPIM.”
259
Cf. Case of the Gómez Paquiyauri Brothers v. Perú. Merits, Reparations, and Costs. Judgment of
July 8, 2004. Series C No. 110, para. 237; Case of Cantoral Huamaní and García Santa Cruz, supra note
91, para. 194, and Case of Valle Jaramillo et al., supra note 137, paras. 227 subsection (f) and 231.
260
Cf. Case of Escué Zapata v. Colombia. Interpretation of the Judgment of Merits, Reparations,
and Costs. Judgment of May 5, 2008 Series C No. 178, paras. 27 y 28; Case of Valle Jaramillo et al.,
supra note 137, para. 229, and Case of Valle Jaramillo et al. v. Colombia. Interpretation of the
Judgment of Merits, Reparations, and Costs. Judgment of July 7, 2009 Series C No. 201, para. 38
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