pesos, an amount significantly lower than the original sum awarded for reparation. Although
the State argues that the decision to cash in the bonds was a personal one, the Court notes
that due to the pressing personal and financial situation of Sebastián Furlan and his family
(supra paras. 71, 104 and 214), it was not an option for them to wait until 2016 to redeem
the bonds at their nominal value. The Court further notes that neither the Commission nor
the representatives had submitted objections to the original amount awarded in the
judgment, but rather to the fact that by cashing in the bonds, that amount was reduced by
almost one-third.
215. In the second place, without entering into a general analysis of Law 23.982 of 1991,
it is necessary to assess the impact that the application of said Law had on this specific
case. The first effect is that Sebastián Furlan did not receive the full and complete
indemnity, which implied an impairment to the real possibility of providing him with medical
treatment and other needs required by a disabled person (supra para. 203). To this end, the
Court considers that when it comes to the application of Law 23.983 of 1991, the
administrative authorities should have considered that Sebastián Furlán was a person with
disabilities and few financial resources, which placed him in a vulnerable situation and which
entailed a greater degree of diligence on the part of the judicial authorities.
216. In this regard, the Committee on Economic, Social and Cultural rights has indicated
that “the duty of States parties to protect the vulnerable members of their societies
assumes greater rather than less importance in times of severe resource constraints.”354
Moreover, it stressed the particular importance of providing adequate income support to
persons with disabilities who, owing to disability or disability-related factors, have been
denied employment opportunities, which “should reflect the special needs for assistance and
other expenses often associated with disability. In addition, as far as possible, the support
provided should also cover individuals […] who undertake the care of a person with
disabilities […], including members of the families of persons with disabilities, who are often
in urgent need of financial support because of their assistance role.”355 Moreover, the
Committee of the Convention on the Rights of Persons with Disabilities, in its first case356,
indicated that the particular circumstances of the individuals to whom a law is applied must
be taken into consideration, given that States must not apply a law in a neutral manner
“without objective and reasonable justification,” and therefore States must “treat differently
those persons whose situations are significantly different.”
217. In the instant case, the administrative authorities never considered that, by applying
the form of payment established in the aforementioned law, they greatly diminished the
financial compensation awarded to Sebastián Furlan for adequate rehabilitation and to enjoy
better living conditions, taking into account his vulnerable condition. On the contrary, the
State justified the application of that rule due to the fact that “the Argentine State faced one
of the most serious and profound economic and social crises in its history, which resulted,
among other things, in the devaluation of the currency, preceded by the repeal of the Law
[…] on Convertibility [Ley de Convertibilidad] which established parity between the peso and
the dollar". Nevertheless, the Court notes that the rule applied to the instant case dates
from 1991, for which reason the Court considers that it was necessary for the authorities in
charge of enforcing the judicial decision to weigh Sebastián Furlan’s vulnerable situation
against the need to apply the law regulating these types of payments. The administrative
354
Committee on Economic, Social and Cultural Rights. General Comment No. 5, para. 10.
355
Committee on Economic, Social and Cultural Rights. General Comment No. 5, para. 28.
356
Committee on the Convention on the Rights of Persons with Disabilities, Communication No. 3/2011, Case
of H.M. v. Sweden CRPD/C/7/D/3/2011, April 19, 2012, para. 8.3.
69
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