accordance with Argentina’s domestic law. Indeed, article 15 of the Argentine Constitution,
among other provisions, establishes that:
Any contract for the sale of a person is a crime, and those who sign the contract and the notary or
official who authorizes it shall be held responsible.
144. The State failed to investigate the alleged “sale” of M to the couple B-Z, because, as
stated by the investigating judge and by the Appeals Chamber, among other authorities that
intervened in the case, this fact did not constitute a criminal offense; e at that time, the
State’s obligation existed to adopt all measures, including penal measures, to prevent the
sale of children for any purpose and in any form. Based on the foregoing, the Court
concludes that the State failed to comply with its obligation to adopt the provisions under
domestic law established in Article 2 of the American Convention on Human Rights, in
relation to Articles 19, 8(1), 25(1) and 1(1) of this instrument to the detriment of the child
M and of Mr. Fornerón.
VII
REPARATIONS
(Application of Article 63(1) of the American Convention)
145. Based on the provisions of Article 63(1) of the American Convention,110 the Court has
indicated that any violation of an international obligation that has caused harm entails the
duty to provide adequate reparation,111 and that this provision reflects a customary norm
that is one of the fundamental principles of contemporary international law on State
responsibility.112
Rica, Penal Code, Article 376 (Punishment for child trafficking. One to four years’ imprisonment shall be imposed
on whosoever sells, promotes or facilitates the sale of a child and perceives for this any type of payment or
financial or any other type of gratification or recompense. The same punishment shall be imposed on anyone who
offers payment, reward or compensation in order to receive the child. The term of imprisonment shall be four to six
years when the author is a forebear or relative to the third degree, the person responsible for guardianship or
custody, or any person who exercises the representation of the child. The same punishment shall be imposed on
the professional or public official who sells, promotes, facilitates or legitimates by means of any act the sale of the
child. The professional and the public official shall also be disqualified from exercising the profession or trade in
which the act occurred for from two to six years), and Venezuela, Organic law for the protection of children and
adolescents, published in Gaceta Oficial Extraordinaria No. 5,859 of December 10, 2007, Article 267 (Profit based
on the transfer of children or adolescents. Anyone who promises or surrenders a son, daughter, ward or a child or
adolescent they are responsible for raising to a third party, based on payment or remuneration, shall be punished
with two to six years’ imprisonment. Anyone who offers or makes the payment or remuneration shall incur the
same punishment). Similar provisions may be found in other countries, including El Salvador (Penal Code, Article
367) and the Dominican Republic (Law 136-03, Code for the protection of the rights of children and adolescents,
published in Gaceta Oficial No. 10234, of August 7, 2003, Article 404). In addition, the sale of children in relation
to adoption processes is criminalized in, among other countries, Guatemala (Decree 9-2009. Law against sexual
violence, and people trafficking and exploitation, March 20, 2009; published in Diario Oficial, Tome CCLXXXVI No.
49, arts. 47 and 53, adding Articles 241bis and 202(3) to the Penal Code); Panama (Law 79 of 2011 on people
trafficking and related activities, November 15, 2011, Gaceta 26912, Articles 4 and 64, adding Article 457-A to the
Penal Code) and Paraguay (Law No. 1(1)60/97, October 16, 1997, Article 223).
110
Article 63(1) of the American Convention stipulates:
If the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall
rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if
appropriate, that the consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.
111
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C
No. 7, para. 25, and Case of González Medina and family v. Dominican Republic, supra note 10, para. 276.
112
Cf. Case of Castillo Páez v. Peru. Reparations and costs. Judgment of November 27, 1998. Series C No.
43, para. 50, and Case of González Medina and family v. Dominican Republic, supra note 10, para. 276.
41
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