16.
In this regard, the Court considers it appropriate to clarify the time frames established in this
paragraph. The measure of reparation ordered consists in the State awarding scholarships to
Manuela’s two sons so that they may complete their primary and secondary education and undertake
technical or university studies, or vocational training. Therefore, the Court clarifies that the six-month
time frame established in paragraphs 279 of the judgment refers to the time that the victims or their
representatives have to advise the State of their intention to benefit from the educational
scholarships and of the educational level that they would undertake. At that time, the State must
provide the corresponding scholarships to Manuela’s sons. Once they have concluded secondary
education, the victims (or their representatives) have 24 months to advise the State of their intention
to receive a grant for technical or university studies, specifying the occupation or career for which
they require training. The Court notes that Manuela’s sons have already advised the State of their
intention to benefit from this measure of reparation within the time frame indicated by the Court. 7
Thus, the State must grant the scholarship to Manuela’s sons according to their educational level and
their interests, based on the information they provide to El Salvador in due course.
B. The scope of the measure of rehabilitation (medical, psychological and/or
psychiatric treatment)
B.1 Arguments of the parties, and of the Commission (sic)
17.
The representatives indicated that the Court had found a violation of Article 5 of the
American Convention to the detriment of Manuela’s sons and, therefore, they should be beneficiaries
of the measure of rehabilitation ordered in the judgment. Specifically, they indicated that “the
judgment does not refer expressly to the obligation to provide medical care to Manuela’s sons.”
Moreover, they noted that the Court had not ruled expressly on the representatives’ request to
provide medical care to Manuela’s sons. They stressed that the State and the representatives had
reached agreement on this point and that, on February 18, 2022, “meetings were held between the
representatives, the State, and the victims to arrange the initial steps in the implementation of the
individual measures of reparation in the areas of health and education, during which all the parties
were in agreement with this interpretation.”
18.
The State clarified that the meeting with the representatives “was not aimed at expanding
the scope of the judgment handed down by the Court, but rather at defining the initial actions to
implement the measures of reparation relating to education and health, noting that the measure
ordering the provision of medical, psychological and/or psychiatric treatment was addressed
exclusively at Manuela’s father and mother.” However, it added that it would provide medical care
to Manuela’s sons in compliance with its general obligation to guarantee the health of the public in
general, and this should not be subject to monitoring by the Court.
B.2 Considerations of the Court
19.
The Court will now transcribe paragraph 282 of the judgment:
[… the Court] considers it appropriate that the State provide, free of charge and immediately,
through specialized health institutions, the adequate and effective medical, psychological and/or
psychiatric treatment required by Manuela’s parents, including the free provision of medicines,
following their informed consent and for as long as necessary. In addition, the treatments should
be provided, insofar as possible, in the centers chosen by the beneficiaries. If there are no
health centers nearby, the State must cover the costs of transportation and meals. The victims
have 18 months from notification of this judgment to require the State to provide this treatment.
7
Cf. Declaration of the intention of Manuela’s sons to receive the scholarships dated February 18, 2022 (interpretation
file, folio 39).
5