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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