reparation concerning the immediate adoption of the necessary measures to ensure comprehensive
medical attention for women who suffer obstetric emergencies.
A. The time frames for Manuela’s sons to indicate their interest in receiving
educational scholarships
A.1 Arguments of the parties, and of the Commission (sic)
13.
The representatives indicated that paragraph 279 of the judgment “gives rise to confusion
regarding the time frame that the representatives have to indicate the intention of Manuela’s sons
to receive scholarships.” In this regard, they noted that the paragraph: (i) “indicates that the victims
or their representatives have six months to advise the State of their intention to receive such
scholarships,” and (ii) “establishes a time frame of 24 months to inform the State of their wish to
receive grants for technical or university studies.” The representatives understood that the six-month
time frame was to advise the State of the intention to receive the scholarships for the first level of
education from which Manuela’s sons would benefit and that, following this, each time they completed
an educational level, they had 24 months immediately after this in which to communicate their
intention to continue on to the next level of education, at which time they would indicate the career
they had chosen.
14.
The State advised that, on February 18, 2022, it had held a meeting with the victims and
their representatives in relation to the award of the educational scholarships. El Salvador added that
Manuela’s elder son had not completed secondary education and Manuela’s younger son already
possessed the level of education required to undertake university studies. Regarding Manuela’s elder
son, the State indicated that it would provide the scholarship based on the victim’s interests, and
that it was necessary to determine whether he wished to continue on to a formal or a technical
education. If he wished to complete his secondary education, the State understood that his
representatives would have 24 months to communicate his intention of receiving the scholarship for
his technical or university studies, as well as with regard to the career he had decided to study at
that level. Regarding Manuela’s younger son, the State indicated that he had already communicated
his intention of receiving the educational scholarship and, therefore, it was “only waiting for […]
communication of the university career that he had decided to undertake or, if appropriate, his choice
of technical studies or vocational training.”
A.2 Considerations of the Court
15.
In paragraph 279 of the judgment, the Court established that educational scholarships be
granted to Manuela’s two sons as follows:
[…] the Court considers that it is appropriate to order the State to grant a scholarship in public
or private primary, secondary, technical and higher education establishments in El Salvador for
both Manuela’s sons, in agreement with them, so that they may complete primary and
secondary education and undertake technical or university studies, at the graduate and/or
postgraduate level, or vocational training. Moreover, the scholarship may not be conditional on
their obtaining notes that allow them to obtain a merit scholarship or depend on their academic
performance and, rather, must be granted based on the fact that they are victims of the
violations declared in this judgment. The scholarship must be granted from the time that the
beneficiaries ask the State to provide it and until the conclusion of their higher technical or
university studies and must cover all the expenses required for them to conclude such studies,
including academic or educational supplies, and maintenance expenses. The victims or their
legal representatives have six months from notification of this judgment to advise the State of
their intention to receive these scholarships. In addition, they have 24 months from the
completion of their secondary studies to inform the State of their intention of receiving the
scholarship for their technical or university studies, as well as with regard to the career that
they decide to follow at that level.
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