2
Not every change in an individual’s circumstances merits indemnification.
To
warrant compensation, they must be very substantial changes that, for example,
profoundly alter the affective and spiritual milieu in which the life of the family
unfolds, or cuts short a professional career into which great effort and dedication
have been poured.
When determining the degree to which an individual’s circumstances have changed
and, more specifically, the damage to his personal life plan, certain extremes have to
be avoided, such as believing that the victim will remain forever entrapped in inertia
or desperation, or depicting his condition as a kind of eternal tragedy. particular
care must be taken to weigh this aspect of the issue when establishing, based on
principles of equity, the amount of the respective compensation.
Given the specifics of this Case, in my judgment the circumstances of María Elena
Loayza-Tamayo and her life plan were profoundly altered, for which she deserves to
be compensated under the terms suggested above.
Consequently, I believe that subparagraph a of operative paragraph four of the
judgment should have read as follows:
[…]
4.
[…]
a.
us$124,190.30 (one hundred twenty-four thousand one hundred and
ninety united states dollars and thirty cents) or its equivalent in peruvian
currency, to ms. maría elena loayza tamayo;
[…]
I join with the majority on the remaining subparagraphs of operative paragraph four
of the judgment and with the other operative paragraphs thereof.
Carlos Vicente De Roux-Rengifo
Judge
Manuel E. Ventura-Robles
Secretary
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