very complicated for him, he cannot finish planning and executing tasks that would allow
him to live a full life [and he functions] as a [d]isabled person who needs supervision of his
actions.” 243
120. As to Sebastián Furlan’s state of mind, his “symptoms are consistent with moderate
depression,” including “feelings of guilt and indecisiveness.” These symptoms include
“moderate pessimism, feelings of failure, dissatisfaction with himself and ideas of death.”
VII
RIGHT TO A FAIR TRIAL, RIGHT TO JUDICIAL PROTECTION AND RIGHT TO
PROPERTY IN RELATION TO THE RIGHTS OF THE CHILD, RIGHTS OF PERSONS
WITH DISABILITIES AND THE RIGHT TO EQUALITY
121. This chapter begins with some preliminary considerations regarding the legal age of
Sebastián Furlan and the rights of children and persons with disabilities. Subsequently the
disputes concerning the issue of reasonable time244 in the civil proceedings will be analyzed,
to then determine the matters related to the right to be heard in the proceedings and the
rights to judicial protection245 and to property246, other judicial guarantees in dispute, the
right to personal integrity247 and access to a fair trial, in relation to the obligations to
respect and guarantee, in particular, the principle of non-discrimination.248
A)
Preliminary consideration regarding the legal age of Sebastián Furlan
122.
The representatives requested that “for the purposes of this case, Sebastián Furlan
[be] considered a child until 21 years of age,” given that the regulations in force in
Argentina “at the time of the facts, established that legal age was acquired at 21 years.”
The Commission and the State presented no arguments on this point.
123.
In this regard, the Inter-American Court has established that, in general, the term
243
Affidavit rendered by Doctor Estela del Carmen Rodríguez on February 10, 2012 (case file on Merits,
volume II, pages 747 to 766).
244
Article 8(1) of the American Convention establishes that: “Every person has the right to a hearing, with due
guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established
by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his
rights and obligations of a civil, labor, fiscal, or any other nature. […]”.
245
Article 25(1) of the American Convention establishes that: “Everyone has the right to simple and prompt
recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though
such violation may have been committed by persons acting in the course of their official duties.” Article 25(2)c) of the
Convention establishes that the States undertake “to ensure that the competent authorities shall enforce such
remedies when granted.”
246
Article 21(1) of the Convention establishes that: “Everyone has the right to the use and enjoyment of his
property. The law may subordinate such use and enjoyment to the interests of society.”
247
Article 5(1) of the American Convention establishes that: “Every person has the right to have his physical,
mental, and moral integrity respected.”
248
Article 1(1) of the American Convention establishes that: “The States Parties to this Convention undertake to
respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction, the free and
full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social condition.”
42
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