possible integration difficulties, particularly in the social sphere and in school, the expert
opinion emphasized that Sebastian Furlan should have received specialized care. In fact,
expert witness Rodriguez indicated that:
A psychologist should have intervened to supervise learning and social aspects with his peers at
school. There are no school reports, nor do we know if there was a school department to
intervene. The school team and the health team should have worked together, considering that
this is a child who finished a school year healthy and began the next year in a situation of
Disability. 456
288.
Also, bearing in mind that the lack of appropriate rehabilitation has had a negative
impact on Sebastián Furlan in the different social, work and educational spheres (supra
paras. 197 to 203), the Court finds that he must be offered access to rehabilitation and
training services and programs based on a multidisciplinary assessment of his needs and
capabilities.457 This should take into consideration the social model to address disability
(supra paras. 133 to 135), since this provides a broader approach to the rehabilitation
measures for persons with disabilities. Therefore, the Court orders the Argentine State to
create a multidisciplinary team which, taking into account the opinion of Sebastián Furlan,
will determine the most appropriate measures of protection and assistance for his social,
educational, vocational and labor insertion. Also, in determining these measures, the
assistance required to facilitate their implementation must be taken into account, so that,
by mutual consent, treatment can be provided at home or in locations near his place of
residence. The State shall submit annual reports on the implementation of this measure for
a period of three years, once implementation of said mechanism begins.
B.2) Measures of satisfaction
289.
The representatives requested “the publication of the judgment in three daily
newspapers with wide circulation [in Argentina].” The State made no observations in this
regard.
458
290.
The Court orders, as it has in other cases,
that the State publish, within six
months of notification of this Judgment: (a) the official summary of this Judgment prepared
by the Court, once, in the Official Gazette; (b) the official summary of this Judgment
prepared by the Court, once, in a national newspaper with widespread circulation, and (c)
this Judgment in its entirety, available for one year on an official website.
B.3) Guarantees of non-repetition
B.3.1) Access to information on health and social security
Arguments of the parties and of the Commission
456
Affidavit of Doctor Estela del Carmen Rodríguez of February 10, 2012 (Merits file, volume II, page 760). In
this regard, the expert Alejandro Morlacchetti said "... that the State's obligations with respect to persons with
disabilities is to provide, facilitate and enable educational centers where that person, according to their degree of
disability, is integrated to the school system [...] so he is as close as possible and as little as possible excluded of
the existing educational system.” Statement by expert Alejandro Morlacchetti at the public hearing.
457
Article 26 of the Convention on the Rights of Persons with Disabilities
458
Cf. Case of Cantoral Benavides v. Peru. Preliminary Objections. Judgment of September 3, 1998. Series C
No. 40, para. 79, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 307.
91
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