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the instant case, the concern herein expressed allows deeply reflecting on the general
guidelines set for supporting and informing the victims (beyond those ordered in the
criminal proceedings) which are currently applied by the authorities in charge of
investigating and punishing crimes in the States aspiring to fully comply with the
duties set forth in Articles 8 and 25 of the American Convention.
II.
Measures to ensure higher education for Myriam Zapata-Escué
10.
The Inter-American Court has ruled on the Request for Interpretation in
paragraphs 26 to 29, with which I fully concurred. The balance struck in said
paragraphs seeks a special purpose which I would like to discuss in my concurring vote.
In the instant case, the decision delivered by the Inter-American Court in ordering the
admission of Myriam Zapata-Escué into public university may come into conflict with
the domestic provisions sustaining admission into university based on the candidates’
academic merits. So was contended by the State in its request for interpretation. These
selection systems are based on egalitarian conceptions which are of value both in the
light of domestic legislation and international law. Higher studies are part of an
educational process which combines the paternalistic ethics of care and protection and
the liberal ethics of individual effort and responsibility. In the case in point, the
obligation of the State amounts to bearing the expenses of the university studies
undertaken by Myriam Zapata-Escué at public university, if in due time she decides to
study at university. Likewise, public funding is to be granted under the reinforced
equality conditions enshrined by present-day international law: Myriam Zapata-Escué
must have access to public university in accordance with the existing selection
processes, but the State must guarantee that she may fully avail herself of the special
protection measures of ethnical, social, and economic diversity that university systems
(and particularly the Colombian one) must contemplate in their selection processes. In
stating this, the Court seeks to strike a balance between the special support given to
the life project of Myriam Zapata-Escué through the reparation measures originally
ordered in the Judgment and the necessary ethics sustaining individual effort and
responsibility which are to be expected from youngsters aspiring to become social
leaders, as is the case of Myriam Zapata-Escué.
Diego Eduardo López-Medina
Judge ad hoc
Pablo Saavedra-Alessandri
Secretary