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4.
The State is responsible for the violation of the judicial guarantee of a reasonable time
recognized in Article 8(1) of the Convention, in relation to Articles 1(1), 11(2) and 17(1) of this
instrument, to the detriment of Flor de María Ramírez Escobar, Gustavo Tobar Fajardo and
Osmín Tobar Ramírez, as well as in relation to Article 19 of this instrument to the detriment of
the latter, pursuant to paragraphs 257 to 263 of this judgment.
5.
The State is responsible for the violation of the prohibition of discrimination in relation to
the obligation to respect and ensure the rights to family life and to the protection of the family
recognized in Articles 11(2) and 17(1) of the Convention, in relation to Article 1(1) of this
instrument, to the detriment of Flor de María Ramírez Escobar, Gustavo Tobar Fajardo and
Osmín Tobar Ramírez, as well as in relation to Article 19 of this instrument to the detriment of
the latter, pursuant to paragraphs 266 to 304 of this judgment.
6.
The State is responsible for the failure to investigate the irregularities committed in the
proceedings that separated the Ramírez family and the subsequent intercountry adoptions in
violation of the right of access to justice derived from a joint interpretation of Articles 8 and 25
of the American Convention, in relation to Article 1(1) of this instrument, to the detriment of
Flor de María Ramírez Escobar, Gustavo Tobar Fajardo and Osmín Tobar Ramírez, pursuant to
paragraphs 318 to 322 of this judgment.
7.
The State is responsible for the violation of the right to personal liberty recognized in
Article 7(1) of the Convention, in relation to Articles 11(2), 17(1), 19, 1(1) and 2 of this
instrument, to the detriment of Osmín Tobar Ramírez, pursuant to paragraphs 326 to 357 of this
judgment.
8.
The State is responsible for the violation of the right to identity and the right to a name
recognized in Article 18 of the Convention, in relation to Article 1(1) and 19 of this instrument,
to the detriment of Osmín Tobar Ramírez, pursuant to paragraphs 359 to 362 of this judgment.
9.
The State is responsible for the violation of the right to personal integrity recognized in
Article 5 of the American Convention, in relation to Article 1(1) thereof, to the detriment of Flor
de María Ramírez Escobar, Gustavo Tobar Fajardo and Osmín Tobar Ramírez, as well as in
relation to Article 19 of the Convention to the detriment of the latter, pursuant to paragraphs
365 to 369 of this judgment.
AND ESTABLISHES,
Unanimously that:
10.
This judgment constitutes, per se, a form of reparation.
11.
The State shall adopt all the necessary and appropriate measures to facilitate and
contribute to the re-establishment of family ties between Osmín Tobar Ramírez and his parents,
including providing the psychological and psychiatric treatment and therapeutic support that the
victims require, as well as grants for English and Spanish lessons, and must make a serious and
multidisciplinary effort, ex officio, to initiate, encourage and, if applicable, continue the
reconnection between Flor de María Ramírez Escobar and Osmín Tobar Ramírez with J.R.,
pursuant to paragraphs 379 to 385 of this judgment.
12.
The State shall adopt, ex officio, all appropriate and necessary measures to amend the
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