1.
The State is responsible for violating the rights to judicial guarantees and to judicial
protection established in Articles 8(1) and 25(1) of the American Convention in relation to
Articles 1(1) and 17(1) thereof, to the detriment of Mr. Fornerón and of his daughter M, as
well as in relation to Article 19 of this instrument to the detriment of the latter, as
established in paragraphs 44 to 57 and 65 to 111 of this Judgment.
2.
The State is responsible for violating the right to the protection of the family
established in Article 17(1) of the American Convention in relation to Articles 1(1), 8(1) and
25(1) thereof, to the detriment of Mr. Fornerón and of his daughter M, as well as in relation
to Article 19 of this instrument to the detriment of the latter, as established in paragraphs
44 to 57 and 116 to 124 of this Judgment.
3.
The State failed to comply with its obligation to adopt domestic legal provisions
established in Article 2 of the American Convention in relation to Articles 19, 8(1), 25(1)
and 1(1) thereof, to the detriment of the child M and of Mr. Fornerón, as established in
paragraphs 129 to 144 of this Judgment.
AND DECIDES,
unanimously, that:
1.
This Judgment constitutes per se a form of reparation.
2.
The State must establish immediately a procedure designed to develop a real
relationship between Mr. Fornerón and his daughter M, as established in paragraphs 156 to
166 of this Judgment. In addition, Argentina must present a report within three months of
notification of this Judgment on the characteristics, implementation and progress of the
bonding process. Subsequently, Argentina must forward an updated report on the said
aspects every four months during the next two years, in accordance with paragraph 167 of
this Judgment.
3.
The State must verify, as of notification of this Judgment and within a reasonable
time, in accordance with the pertinent disciplinary norms, whether the conduct of the public
officials who intervened in the different domestic proceedings related to this case was in
conformity with the law and, as appropriate, establish the corresponding responsibilities, as
established in paragraph 172 of this Judgment.
4.
The State must adopt all necessary measures to criminalize the sale of children, so
that the act of surrendering a child in exchange for remuneration or any other type of
compensation, for any purpose or in any form, constitutes a criminal offense, in accordance
with international standards and the provisions of paragraphs 176 and 177 of this
Judgment.
5.
The State must implement, within one year and with the respective budgetary
provision, a compulsory program or course for judicial agents, including judges, defense
counsel, prosecutors, legal advisers and other officials of the province of Entre Ríos who
intervene in the administration of juvenile justice, that includes among others aspects,
international human rights standards, particularly with regard to the rights of the child, and
their best interests, and the principle of non-discrimination, as established in paragraph 182
of this Judgment.
56
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