families.”404 For its part, Article 28 of the United Nations Convention on the Rights of Persons with Disabilities recognizes the right of such persons and their families living in situations of poverty to assistance from the State with disability-related expenses, including training, counseling, financial assistance and respite care.405 255. In this case, the Furlan Fernández family did not receive such support, which triggered a number of negative effects in the family’s normal development and functioning (supra para. 254). Furthermore, the Court finds that the few attempts by the State to promote individual or group therapy406 were of limited scope for the adequate management of Sebastián Furlan’s mental disability. The State’s omission in relation to the nonaccompaniment of this family resulted in the rehabilitation programs being interrupted and not implemented during a crucial stage that would ensure their effectiveness. Likewise, the Court points out that the expert evidence emphasized the need for a more direct intervention to support Sebastián Furlan and his family and with regard to the language and behavioral problems he suffered.407 256. Therefore the Court finds that the accident suffered by Sebastián Furlan, as well as the length of the civil proceeding and the other unsuccessful actions taken to provide him with medical treatment, had an impact on the family unit formed by Danilo Furlan, Susana Fernández, Claudio Furlan and Sabina Furlan. Said impact caused a state of distress and permanent despair in the family, which ended up breaking the family ties and producing other type of consequences. Furthermore, the Furlan Fernández family did not receive assistance in providing better support for Sebastián Furlan, which triggered a number of negative impacts on the family’s normal development and functioning. 257. Specifically, regarding Danilo Furlan, the Court stresses that it has been proven, in the first place, that Mr. Danilo Furlan suffered because he was the person responsible for caring for the minor and later on, for the adult with a disability,408 since he did not receive full and timely assistance from the State (supra para. 255). In fact, Mr. Danilo Furlan had an active role in obtaining the few rehabilitation measures taken in favor of Sebastián Furlan. The medical reports also concluded that this situation entailed great suffering for the father who, as from the time of the accident, “became fully responsible for his son, both for his physical rehabilitation and for the general supervision of his conduct.”409 Mr. Danilo Furlan stated that he “even made equipment” for his son’s rehabilitation and that at “those moments he felt that everything depended on [him]” and that “nobody guided [him] in his despair.”410 404 Committee on the Rights of the Child, General Comment No. 9, para. 41 405 See also Preamble of the International Declaration on the Rights of Disabled Persons 406 Cf. Clinical History of Sebastián Furlan issued by the Hospital Evita on April 7, 1994 (file of appendices to the report, page 813). In addition, the following recommendations were made: i) monitoring and follow-up treatment for the father; ii) treatment and monitoring for the mother; iii) social monitoring of the family situation, and iv) psychological treatment for Sebastián Furlan to enable him to decide what he wants to study and which activities he wants to perform. 407 The expert witness Rodríguez emphasized that it was essential to provide “family therapy to train the family members on how to manage and help the boy.” Affidavit of Doctor Estela del Carmen Rodríguez, February 10, 2012 (Merits file, volume II, page 759). 408 See Report of Psychologist Marta S. Rumie of June 1991 (file of appendices to the report, volume I, appendix 6, pages 397 and 398). 409 See Report of Psychologist Marta S. Rumie of June 1991, pages 397 and 398. 410 Mr. Furlan also stated, “[I] gradually learned how to help with the exercises they did with him in the hospital, so I started doing it at home, throughout the day and every day (respecting and making others respect 81

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