“Right of the girls M., V. and R. to be heard and have their opinions taken into
consideration” it explained in detail the provisions concerning a child’s right to be heard, in
order to ensure that the child’s intervention is in line with these conditions and does not
harm his or her genuine interest. Therefore, the Court considers that there is no doubt that
the State was ordered to obtain girl V’s free opinion regarding whether she wishes to be
considered as an injured party.
21.
In this regard, the Court notes that there is a difference between the mode of
compliance with the compensation for non-pecuniary damage addressed in paragraphs 299
and 313, and the rest of the reparations ordered (supra para. 19). In this respect, the Court
specifies by way of interpretation that the compensation granted must be awarded under
the terms established in paragraph 313 of the Judgment, and that therefore the State shall
deposit the funds in the aforementioned financial institution, without the requirement to
obtain the free opinion of the girl V., bearing in mind that those funds may be withdrawn by
the beneficiaries when they come of age. As to the other measures of reparation ordered in
favor of the girl V., these shall require her free opinion.
22.
Furthermore, the Court considers that the various disputes that could arise as a
result of obtaining the free opinion of the girl V. should be settled by the Court in the
context of the process of monitoring compliance with Judgment.
B.
Implementation of rehabilitation, ordered as reparations by the Court in
favor of M., V. and R
23.
The representatives argued that, because “the girls M., V. and R live under the
guardianship and personal care of their father”, “at the moment, none of them is in a
position of independence and freedom to express her agreement to the psychological
therapy in a completely free manner, and for this reason the measure of reparation ordered
runs the risk of being inapplicable.” Consequently, they asked the Court to “expressly
indicate the material circumstances in which it is possible to apply the six-month period,
that is, from the time they reach 18 yeas of age and complete their schooling.”
24.
The State argued that the request by the representatives “[would] imply an open
contradiction of what was ordered in the Judgment and, far from being a request for
interpretation, amounts to an attempt to modify the substance thereof.” It further argued
that “[t]he representatives’ petition would leave […] the State […] in a position in which it is
forced to delay compliance with the judgment.”
25.
The Commission considered it “reasonable to discuss this issue in the context of
supervision in order to make the necessary adjustments.” Similarly, it indicated that in the
context of implementation of the Judgment it would be appropriate to take into account the
information submitted by the representatives so as to “have certain flexibility in order to
take into account circumstances such as those described, which could affect the preclusive
nature of the term established in the Judgment.”
Considerations of the Court
26.
With regard to the rehabilitation measure of medical and psychological assistance
ordered in paragraphs 254 and 255 of the Judgment, the Court stated the following:
strictest confidence. Case of Atala Riffo and Daughters v. Chile. Merits, Reparations and Costs. Judgment of
February 24, 2012. Series C No. 239, paras. 68 and 69.
6