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VIII
MERITS
VIII-1
RIGHTS TO FAMILY LIFE295 AND TO THE PROTECTION OF THE FAMILY,296 RIGHTS OF THE
CHILD,297 JUDICIAL GUARANTEES298 AND JUDICIAL PROTECTION,299 IN RELATION TO
https://www.youtube.com/watch?v=IEkmpGNGyz0 and Psychological assessment of Gustavo Tobar Fajardo made by
Zoila Esperanza Ajuchan Chis and provided by affidavit on May 9, 2017 (evidence file, folio 7082).
292
Cf. Statement made by Osmín Tobar Ramírez during the public hearing held before this Court.
Cf. Psychological assessment of Gustavo Tobar Fajardo made by Zoila Esperanza Ajuchan Chis and provided by
affidavit on May 9, 2017 (evidence file, folio 7085).
293
Also, according to Osmín Tobar Ramírez, in 2010, he contacted the adoptive mother of J.R., who told him that they
did not want J.R. to have any contact with his biological family.
294
Article 11(2) of the Convention establishes that: “No one may be the object of arbitrary or abusive interference with
his private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or reputation.”
295
Article 17(1) of the Convention establishes that: “The family is the natural and fundamental group unit of society and
is entitled to protection by society and the State.”
296
Article 19 of the Convention establishes that: “Every minor child has the right to the measures of protection required
by his condition as a minor on the part of his family, society, and the State.”
297
Article 8(1) of the Convention establishes that: “Every person has the right to a hearing, with due guarantees and
within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations
of a civil, labor, fiscal, or any other nature.”
298
Article 25(1) of the Convention establishes that: “Everyone has the right to simple and prompt recourse, or any other
effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized
by the constitution or laws of the state concerned or by this Convention, even though such violation may have been
committed by persons acting in the course of their official duties.”
299