reparations solely as beneficiaries, that is, in the event of the victims’ deaths, in accordance
with domestic law271.
246. International jurisprudence and, in particular, the case law of the Inter-American
Court has repeatedly held that a judgment per se constitutes a form of reparation.272
Nonetheless, considering the circumstances of the case under examination and the burdens
placed upon the victims due to the violations of Articles 24, 11.2, 17.1, 17.4, 19, and 8.1 of
the American Convention committed against Ms. Atala and the girls M., V. and R., the Court
deems it appropriate to order certain measures of reparation, as explained in the following
paragraphs.
B.
Obligation to investigate and enforce legal consequences for the officials
responsible
247. The Commission requested that the Court order the State to “investigate and
enforce the corresponding legal consequences vis-à-vis for the members of the judiciary
who discriminated against and arbitrarily interfered with the private and family life of Karen
Atala, and who failed to fulfill their international obligations to guarantee the best interests
of [the girls] M., V., and R.”
248.
The representatives presented no arguments in this regard.
249. The State indicated that the Commission’s request “appears to depart from the
jurisprudence” of the Inter-American Court, and expressed its “deep concern” over the
request for sanctions against members of the judiciary. The State argued that the Court
does not have the authority to “to investigate and sanction the individual conduct of [State]
agents who may have [committed] [human rights] violations [as it is only competent] to
[adjudge] the international liability of States.”
250. In this regard, the Court notes that the Commission did not specify certain matters
that would enable the Court to consider this request in depth. For example, it did not
indicate whether domestic laws make provision for the disciplinary authorities to investigate
the commission of discriminatory acts. Moreover, the specificities of this case were not
analyzed in relation to other previous cases in which such measures have been ordered.
Consequently, the Court considers that the request submitted by the Commission is not
valid.
C.
Other measures of full redress: satisfaction and guarantees of nonrepetition
251. The Court shall determine other measures that seek to redress the non-pecuniary
damage, and shall order measures of public scope or repercussion273.
1.
Rehabilitation: Medical and psychological treatment for the victims
271
Cf. Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”)
supra note ¡Error! Marcador no definido., para. 114 and Case of April Alosilla et al. v. Peru. Merits, Reparations,
and Costs. Judgment of March 4, 2011. Series C No. 223, para. 90.
272
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19, 1996. Series C
No. 29, para. 56 and Case of Fontevecchia and D`Amico, supra note 28, para. 102.
273
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 84 and Case of Barrios Family, supra note 31, para. 326.
74