Furlan and familyCase
The facts of the case relate to Sebastián Furlán, a child who suffered an accident in an abandoned military camp which left him with a permanent disability. After the event, his family members initiated civil actions for State responsibility for the accident the child had suffered. The judicial process lasted more than 9 years, thus having a significant impact on the victim and has family.
The Court highlighted the situation of vulnerability of the victim, and asserted that the State was obliged to adopt all adequate and necessary measures to manage the situation. Furthermore, the Court suggested that there was an obligation to process the civil proceedings rapidly in order to ensure a greater chance of the victim’s rehabilitation.
The IA Court established the existence of de facto discrimination associated with the violations of the right to a fair trial, the right to judicial protection, and to the right to property, as a result of the impact that the denial of access to justice had on the victim’s ability to access adequate rehabilitation and health care. Additionally, the IA Court developed standards regarding State obligation to guarantee the means for execution of definitive sentences and judgments.
- Presentation to the IACommission
- Jun 18, 2001
- Submission to the IACourt
- Mar 15, 2011
- IACommission / Merits report: rights violated
ACHR 1.1, 8.1, 25.1 1.1, 25.2.c 1.1, 5.1, 19 5.1
- IACourt / Judgment: rights violated
ACHR 1.1, 8.1, 19 1.1, 25.1, 25.2.c, 21 1.1, 5.1, 8.1, 25 1.1, 5.1, 8.1, 19, 21, 25.1, 25.2.c
- Court documents
- Furlan y familia. Judgment. August 31, 2012
- Furlan y familia. Order of the President of the IACourt. January 24, 2012
- Furlan y familia. Order of the President of the IACourt. November 23, 2011
- Furlán y familiares. Hearing. February 27, 2012
- Furlán y familiares. Hearing. February 28, 2012
- Furlan y familiares. Order of the IACourt. November 28, 2018
- Torres Millacura, Fornerón e hija, Furlán y fliares., Mohamed y Mendoza y otros. Order of the IACourt. January 26, 2015