underlying this argument, interprets this expression as an allusion to the so-called damage
to the “life project”, which relates to the full self-realization of the person affected, taking
into account his vocation, aptitudes, circumstances, potential and aspirations, which allow
him to reasonably establish certain expectations for himself and achieve them.449 The life
project is expressed in expectations for personal, professional and family development that
are possible under normal conditions.450 This Court has indicated that “damage to the life
project” entails the loss or very serious impairment of personal development opportunities
that are irreparable or very difficult to repair. 451 It arises from the limitations suffered by a
person in relating to and enjoying his personal, family or social environment owing to
serious problems of a physical, mental, psychological or emotional nature. Comprehensive
reparation of damage to the “life project” generally calls for reparation measures that go
beyond mere monetary compensation, and involve measures of rehabilitation, satisfaction
and non-repetition.452 In some recent cases, the Court has assessed this type of damage
and has repaired it.453 Likewise, the Court notes that some of the higher domestic courts
recognize relatively similar damages associated with “life relationships” or other analogous
or complementary concepts.454
286.
In this respect, Mr. Danilo Furlan described the abrupt change in Sebastián Furlan’s
life as follows:
[t]he changes in Sebastian’s life due to the lack of timely and comprehensive rehabilitation
assistance were dramatic and total. He went from being a good student to being the last in the
class, where he was allowed to sit in as a listener out of pity. He went from being a basketball
player in the youth team of Club Ciudadela Norte to being barely able to walk. He went from
talking fast to barely mumbling. For those who did not know him, the first impression was that he
was drunk, therefore he couldn’t even answer the phone. He went from having friends and
classmates to being sidelined, discriminated against and absolutely alone without any social
relationships. He went from having extraordinary agility in karate, basketball, swimming and
other sports to being barely a shadow of his former self. He went from being invited to all the
birthdays of neighbors and friends to being excluded and only attending a birthday when it was
his or his brother’s. He went from being free and independent to being limited, controlled,
medicated and dependent. He went from having a tremendous will to live to trying to kill himself
twice. He went from having a large family to nobody caring about him because he was not
455
‘socially reliable.’”
287.
In short, Sebastian Furlan’s life project was severely affected. Considering the
difficulties that a child with a disability must face as regards their own limitations and
449
Cf. Case of Loayza Tamayo v. Peru. Reparations and Costs. Judgment of November 27, 1998. Series C No.
42, para. 147.
450
Cf. Case of Tibi v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of September
7, 2004. Series C No. 114, para. 245.
451
Cf. Case of Loayza Tamayo v. Peru. Reparations and Costs, para. 150.
452
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C
No. 88, para. 80, and Case of Valle Jaramillo et al. v. Colombia. paras. 227, 231.
453
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. 284 and 293, and Case of Mejía Idrovo v. Ecuador, para.
134.
454
Cf. Council of State of Colombia: Administrative Law Chamber, Third Section, Judgment of July 19, 2000,
Case file 11,842, and Administrative Law Chamber, Third Section, Judgment of September 14, 2011, Case file
38,222. Also, see: Judgments of the Supreme Court of Justice of Colombia, Civil Court of Appeals, Judgment of
May 13, 2008 and Criminal Cassation Chamber, Judgment of August 25, 2010.
455
Affidavit of Danilo Furlan (Merits file, volume II, folios 692 and 693). For her part, the witness Violeta Jano
also expressed her views on this point: "Sebastian's life was never the same. As he could not walk or speak
properly, he could no longer play sports or anything. He also lost all his friends because it was difficult to be with
Sebastián. He did inappropriate things and was constantly in danger.” Affidavit of Violeta Jano (Merits file, volume
II, page 738).
90
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