B.3 Conclusion
86. In view of the analysis in this section on the State’s recognition of international responsibility
and on the proven facts, the Court finds that Argentina is responsible for (1) violating the right to
health, recognized in Article 26 of the American Convention, read in conjunction with Article (1)
thereof, to the detriment of Cristina Brítez Arce; (ii) violating the right to life, established in Article
4(1) of the American Convention, read in conjunction with Article 1(1) thereof, to the detriment
of Cristina Brítez Arce and (iii) violating the right to personal integrity, recognized in Article 5(1)
of the American Convention, read in conjunction with Article 1(1) thereof, to the detriment of
Cristina Brítez Arce.
VII-2
RIGHTS TO PERSONAL INTEGRITY, PROTECTION OF THE FAMILY AND OF THE
CHILD, READ IN CONJUNCTION WITH ARTICLE 1(1) OF THE AMERICAN
CONVENTION110
A. Arguments of the parties and of the Commission
87. The Commission indicated that the violation of the rights to judicial guarantees and to
judicial protection of the family members of Cristina Brítez Arce was an autonomous source of
their suffering and impotence since questions remain on the cause of her death. It claimed that
there could be a logical inference regarding the suffering of Ezequiel Martín, 15 years old, and
Vanina Verónica, 12 years old, as a consequence of the death of their mother, the search for
justice and truth during the legal proceedings and the delay in the investigations. Thus, the
Commission considered that the State violated the right to the mental and moral integrity of
Ezequiel Martín Avaro and Vanina Verónica Avaro established in Article 5(1) of the American
Convention, read in conjunction with Article 1(1) thereof.
88. The representative concurred with the arguments presented by the Commission in its
Merits Report, according to which the State is responsible for violating the right to personal
integrity of the children of Ms. Brítez Arce.
89. The State recognized its international responsibility for violating the rights identified as
violated in the Merits Report.
B. Considerations of the Court
90. The Court has repeatedly affirmed that family members of victims of human rights violations
may, in turn, be victims.111 The Court has held that it can declare the violation of the right to
mental and moral integrity of direct family members or other persons with close ties to the victims
due to the additional suffering that they have endured as a result of the particular circumstances
of the violations committed against their loved ones and for subsequent acts or omissions of State
110
Articles 5(1), 17 and 19 of the American Convention.
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 176 and Case
of Leguizamón Zaván et al. v. Paraguay, supra, para. 87.
111
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