283.
This Court has confirmed the harm caused to Sebastián Furlan by the delay in the
proceedings that prevented him from obtaining access to medical and psychological
treatment that could have had a positive impact on his life (supra paras. 197 to 203), as
demonstrated by the expert medical opinions presented during the proceedings (supra
paras. 197 to 203). The effects on Sebastián Furlan’s household have also been
demonstrated (supra paras. 252 to 265) and are supported by the socio-economic studies
and the relevant expert opinions submitted in this case (supra paras. 252 to 265). In this
regard, the Court stresses that the expert opinion provided in the instant case emphasizes
that highlights in such cases, rehabilitation must be provided in an early and timely manner
to achieve ideal results443, that it must be continuous and must go beyond the initial stage
of greater complexity. Rehabilitation must take into account the type of disability that the
person has and be coordinated by a multidisciplinary team that addresses all the aspects of
a person as whole.444
284. Consequently, the Court finds, as it has in other cases 445 that it is appropriate to
order a measure of reparation that provides adequate treatment for the psychological and
physical problems suffered by the victims as a result of the violations declared in this
judgment. Therefore, the Court considers it necessary to order the State to provide, free of
charge and immediately, through its specialized health care services, adequate and effective
medical, psychological and psychiatric treatment to the victims, with their prior informed
consent, including the provision of any medicines they may eventually require, also free of
charge, taking into consideration the health problems of each one. Furthermore, the
respective treatments must be provided, to the extent possible, at the facilities nearest to
their places of residence and for as long as necessary. 446 In addition, when providing the
psychological or psychiatric treatment, the specific circumstances and needs of each victim
must be considered, so that they are provided with family and individual treatments, as
agreed with each one, following an individual assessment. 447 The victims who require this
measure of reparation, or their legal representatives, have six months as of notification of
this Judgment to advise the State of their intention to receive medical, psychological or
psychiatric treatment.448
B.1.2) Rehabilitation in relation to the life project
285.
Regarding the presumed “damage to personal relationships” alleged by the
representatives in the case of Sebastián Furlan, the Court, taking into account the reasoning
conducive to the child’s achieving the fullest possible social integration and individual development, including his or
her cultural and spiritual development.”
443
In this regard, the expert witness Estela Rodríguez stated that: “[the] sooner the rehabilitation is started,
the better the results will be because it prevents the brain from perpetuating the malfunction (it always does)
during the recovery process.” Affidavit rendered by medical expert Estela del Carmen Rodríguez of February 10,
2012 (Merits file, volume II, page 753).
444
Cf. Statement by expert witness Laura Beatriz Subies at the public hearing in this case.
445
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C
No. 88. para. 57, and Case of González Medina v. Dominican Republic, para. 293.
446
Cf. Case of the Dos Erres Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and Costs.
Judgment of November 24, 2009. Series C No. 211. para. 270, and Case of González Medina v. Dominican
Republic, para. 293.
447
Cf. Case of the 19 Tradesmen v. Colombia. Preliminary Objection. Judgment of June 12, 2002. Series C
No. 93, para. 278, and Case of González Medina v. Dominican Republic, para. 293.
448
Cf. Case of Fernández Ortega et al. v. Mexico, para. 252, and Case of González Medina v. Dominican
Republic, para.293.
89
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