protracted the emotional distress of Sebastian’s father, mother, brother and sister and, therefore,
the Commission finds that their right to psychological and moral integrity, as provided in Article 5.1
of the American Convention, was violated.
VIII.
CONCLUSIONS
151. The Inter-American Commission concludes that the Argentine State is responsible for
violation of the following rights enshrined in the American Convention:
•
right to be heard within a reasonable time (Article 8.1) and judicial protection (Article
25.1), in conjunction with the general obligation to ensure human rights (Article
1.1), to the detriment of Sebastian Claus Furlan and Danilo Furlan. Additionally, the
right to judicial protection (Article 25.2.c), in connection with Article 1.1, to the
detriment of Sebastian Furlan;
•
right to personal integrity (Article 5.1) and the right of the child (Article 19), in
conjunction with the general obligation to ensure human rights (Article 1.1), to the
detriment of Sebastian Claus Furlan, who suffered from a permanent disability due
to an accident when he was 14 years old; and
•
right to personal integrity (Article 5.1) to the detriment of Sebastian’s immediate
family members, to wit: his father (Danilo Furlan), his mother (Susana Fernandez),
his brother (Erwin Furlan) and his sister (Sabina Eva Furlan).
IX.
RECOMMENDATIONS
152.
Based on the foregoing analysis and conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS
THE ARGENTINE STATE TO:
1.
Provide full reparation to Sebastian Claus Furlan and his family for the violations of
the human rights established in this report, taking into account the consequences caused by the
unwarranted delay in the judicial proceedings, and that such reparation be effective taking into
account that Sebastian suffers from a permanent disability.
2.
Ensure that Sebastian, who at the time of the accident was 14 years old, has access
to medical and other types of treatment at specialized and quality treatment centers, or the means
to gain access to said care at private centers.
3.
As a measure of non repetition, take the necessary actions to make sure that law
suits against the State for damages relating to the right to personal integrity of children comply with
due process of law and judicial protection, particularly, the right to be heard within a reasonable
time.
4.
The Commission agrees to forward this report to the Argentine State and grant it a
period of two months to implement the recommendations established herein. This period is counted
from the date of transmission of this report to the State. The Commission also agrees to notify the
petitioner of approval of this report pursuant to Article 50 of the Convention.