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Cantoral Contreras "to take a professional refresher course offered by the School of
Anthropology of the Faculty of Social Sciences at the aforementioned university.
The course would be geared towards obtaining a Bachelor’s Degree in
Anthropology.
14. The representatives indicated that “the requests made for Brenda Cantoral
[Contreras] and Pelagia Mélida Contreras Montoya de Cantoral were accepted by
their respective universities. […] However, in the case of Vanessa Cantoral
[Contreras] the Universidad Nacional Federico Villareal declared the waiver request
for the costs of a refresher course and the university fees for a degree in
psychology to be inadmissible in accordance with university autonomy.” The
representatives argued that the State has partially complied with this reparatory
measure with respect to exemption from tuition fees. However “in order to fully
comply [with this measure, Pelagia Mélida Contreras and Brenda Cantoral] must be
able to take refresher courses that are complementary to courses they have
already completed.” Regarding Ulises Cantoral Huamaní, Marco Antonio Cantoral
Lozano, and Ronny Cantoral Contreras, they reported that they would inform the
State, at the appropriate time, of the decision to make use of this provision.
Therefore, as regards these people, there has been no failure to comply with the
aforementioned measure to date.
15. The Commission observed that the State failed to present updated information on
the progress made with this obligation and stated its concern regarding the fact
that the State has not referred to the obligation to award scholarships to Pelagia
Mélida Contreras Montoya de Cantoral and Vanessa Cantoral Contreras.
16. In its previous Order, the Tribunal positively valued the efforts made by the State
to help Brenda Cantoral Huamaní and Pelagia Mélida Contreras Montoya de
Cantoral, and appreciated that certain academic fees had been waived. However,
the Court does not have enough information regarding full compliance with the
obligation they were awarded, and asks the State to submit updated and detailed
information on compliance with this measure.
17. With respect to the fee waiver for Vanessa Cantoral Contreras, the documents
provided by the representatives show that, despite the measures taken by the
Justice Ministry and the Office for Scholarships and Educational Loans (OBEC in
Spanish), the Universidad Nacional Federico Villareal “denied the request, stating
that the university is autonomous with regard to its regulations, governance,
academics, administration and finances, and that it is governed according to
internal regulations such as its Rules and Regulations. It also indicate[d] that
tuition costs could be paid with the reparation payments received.”
18. The Court recalls that in its Judgment it ordered the State to award a scholarship to
study at a public Peruvian institution covering all the educational expenses incurred
by the beneficiaries. The State was ordered to do so from the moment the
beneficiaries make the request up until the completion of their post-secondary
studies, training, or refresher course, be it technical or at a university, pursuant to
paragraph 194 of the Judgment. The Tribunal did not define the process by which
the scholarship would be awarded. Rather, it is incumbent on the State to
undertake any internal measures needed to comply with this reparation measure.
In light of this, and considering that it has not provided sufficient and up to date