other special care required by his situation.” They added that the judicial system failed to
take into account Sebastián Furlan’s “situation of vulnerability and evident need for
protection”, that he was “ [not only] a minor, but also suffered from a disability,” and the
conditions of “poverty and marginalization” that his family lived in. They also alleged the
violation of the “right to information, health, social security, personal integrity and a
dignified life to the detriment of Sebastián Furlan", due to numerous omissions related to
the rehabilitation and “in the intervention of mental health and social services.” They
pointed out that the “omissions of the State as guarantor” of those rights had a specific
impact on Sebastián Furlan’s recovery due to the fact that “he did not receive appropriate
and timely medical care that would have allowed him to cope with the health problems
caused by the accident in the best possible conditions.”
193.
The State did not present specific arguments regarding the adverse effects caused
to the party concerned. However, it pointed out that it was denied “any possibility of
presenting arguments in its own defense” regarding the alleged violation “of the right to
personal integrity […] in relation to the progressive development of economic, social and
cultural rights”. The State indicated that “from the time of the accident suffered by
Sebastián in December 1988, it had provided medical and psychological assistance on
several occasions.” It added that “the public health service was always available to
Sebastián Furlan […]. However, his family chose to seek private medical care, in a personal
decision that was absolutely to be respected, but not at all attributable to the Argentine
State.” Likewise, the State pointed out that free medical treatment was offered to Sebastián
Furlan and his family “for purely humanitarian reasons”. According to the State, Danilo
Furlan “contacted [the Directorate of Human Rights of the Ministry of Foreign Relations] to
express his gratitude.” It argued that “he attended […]only once the interviews
programmed with his son Sebastián and on that occasion he expressed his wish to
discontinue treatment he had requested, given the resistance of his own family”.
Considerations of the Court
194.
The Court reiterates that, in the analysis of the reasonableness of the time, the
adverse effect of the duration of the proceedings on the judicial situation of the person
involved in it must be taken into account332, bearing in mind, among other elements, the
matter in dispute333. In this regard, this Court has established that if the passage of time
has a relevant impact on the judicial situation of the individual, the proceedings should be
carried out more promptly so that the case is decided as soon as possible334.
195.
For its part, the European Court of Human Rights has, on several occasions, used
this criterion in the analysis of a reasonable time. Indeed, in the case of H. v. United
Kingdom, the Court placed special emphasis on the importance of "what was at stake" for
the applicant and determined that the result of the proceeding in question had a particular
quality of irreversibility. Therefore, in cases of this kind, the authorities are under a duty to
exercise exceptional diligence335. Moreover, in the case of X. v. France, the Court indicated
332
Cf. Case of Valle Jaramillo et al V. Colombia, para. 155.
333
Cf. Case of Xákmok Kásek Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment
of August 24, 2010. Series C N° 214; para. 136.
334
Cf. Case of Valle Jaramillo et al V. Colombia, para. 155, and Case of the Xákmok Kásek Indigenous
Community V. Paraguay. para 136.
335
Cf. ECHR. Case of H. v. United Kingdom, (No. 9580/81), Judgment of 8 July 1987, para. 85. (“In the
present case, the Court considers it right to place special emphasis on the importance of what was at stake for the
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