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Porres Private University was a decision that only the organs of that institution could
make. The State further argued that both the victim and the Commission had
attributed the alleged damages caused to Ms. Loayza-Tamayo to her detention. Its
contention was, however, that the State could not be held liable for those damages
inasmuch as the authorities that intervened in the case in question did so in the
legitimate exercise of their authority under the laws in force at that time.
146. The State’s argument that the authorities acted in the legitimate exercise of
their authority is inadmissible. The Court itself has established that the acts of which
Ms. Loayza-Tamayo was victim were violations of provisions of the American
Convention.
147. The head of damages to a victim’s "life plan" has been examined both in
recent doctrine and case law. This notion is different from the notions of special
damages and loss of earnings. It is definitely not the same as the immediate and
direct harm to a victim’s assets, as in the case of “indirect or consequential
damages.” The concept of lost earnings refers solely to the loss of future economic
earnings that can be quantified by certain measurable and objective indicators. The
so-called “life plan,” deals with the full self-actualisation of the person concerned and
takes account of her calling in life, her particular circumstances, her potentialities,
and her ambitions, thus permitting her to set for herself, in a reasonable manner,
specific goals, and to attain those goals.
148. The concept of a “life plan” is akin to the concept of personal fulfillment,
which in turn is based on the options that an individual may have for leading his life
and achieving the goal that he sets for himself. Strictly speaking, those options are
the manifestation and guarantee of freedom. An individual can hardly be described
as truly free if he does not have options to pursue in life and to carry that life to its
natural conclusion. Those options, in themselves, have an important existential
value. Hence, their elimination or curtailment objectively abridges freedom and
constitutes the loss of a valuable asset, a loss that this Court cannot disregard.
149. In the case under study, while the outcome was neither certain nor inevitable,
it was a plausible situation --not merely possible-- within the likelihood given the
subject’s natural and foreseeable development, a development that was disrupted
and upset by events that violated her human rights. Those events radically alter the
course in which life was on, introduce new and hostile circumstances, and upset the
kinds of plans and projects that a person makes based on the everyday
circumstances in which one’s life unfolds and on one’s own aptitudes to carry out
those plans with a likelihood of success.
150. It is reasonable to maintain, therefore, that acts that violate rights seriously
obstruct and impair the accomplishment of an anticipated and expected result and
thereby substantially alter the individual’s development. In other words, the damage
to the "life plan", understood as an expectation that is both reasonable and
attainable in practice, implies the loss or severe diminution, in a manner that is
irreparable or reparable only with great difficulty, of a persons prospects of selfdevelopment. Thus, a person’s life is altered by factors that, although extraneous to
him, are unfairly and arbitrarily thrust upon him, in violation of laws in effect and in
a breach of the trust that the person had in government organs duty-bound to
protect him and to provide him with the security needed to exercise his rights and to
satisfy his legitimate interests.
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