greatly affected their cultural identity references. In particular, the professional life project
of Mr. Fleury’s wife was frustrated.
89.
Based on all the above, this Court declares that the State is responsible for the
violation of the right to personal integrity, in the terms of Article 5(1) of the American
Convention, to the detriment of Mr. Fleury’s wife Rose Benoit Fleury, their daughters Rose
M. and Flemingkov Fleury and their son Heulingher Fleury.
VII.4
RIGHT TO FREEDOM OF MOVEMENT AND RESIDENCE
A.
Arguments
90.
The representatives argued that the threats, harassment and attacks against human
rights defenders that oblige them to abandon their country of residence constitute “an
indirect violation” of their freedom of movement and residence, a right protected in the
Haitian Constitution76 and in the American Convention.77 They indicated that, in this case,
Mr. Fleury and his family were forced to abandon their home, their neighborhood, and their
country, owing to the State’s inability to comply with its obligation to provide them with the
necessary conditions of security to confront the threats and harassment of which they were
victims, which would have allowed them freedom of movement and residence on Haitian
territory. In addition, Mr. Fleury was not able enjoy freedom of movement within his own
country, had to live in hiding for five years, was forced to move constantly, and to leave his
home and his family for fear of reprisals by State agents.
91.
In addition, although they did not ask the Court to declare a violation of the right
recognized in Article 17 of the American Convention,78 the representatives stated that the
forced displacement also caused serious problems within the family and that it had the
same and perhaps even greater impact on the rest of the family, especially on the young
children. They also argued that children who experience a rupture in the social ties that
unite them with their family are particularly vulnerable to subsequent emotional problems.
92.
Even though the Commission did not allege the violation of this right, it did refer in
its application to the facts mentioned by the representatives.
B.
Considerations of the Court
93.
On previous occasions, the Court has established that the right to freedom of
movement and residence recognized in Article 22(1) of the Convention is an essential
76
Article 41 of the Constitution of Haiti.
77
Article 22(1) of the American Convention on Human Rights establishes that:
Every person lawfully in the territory of a State Party has the right to move about in it, and to reside
in it subject to the provisions of the law.
78
Article 17(1) of the American Convention on Human Rights establishes that:
The family is the natural and fundamental group unit of society and is entitled to protection by society
and the state.
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