authorities should have anticipated this type of disproportionate impact and proposed
alternatives to the form of execution that was most detrimental to vulnerable persons.
218. The Supreme Court of the Argentine State has ruled in a similar manner when
assessing the application of law 23.982 to specific cases that called for a special proceeding
due to the vulnerable situation of the injured party. The Supreme Court indicated that “in
the emergency legislation, the restriction of the normal exercise of economic rights
recognized by the Constitution must be reasonable, limited in time and it must also consist
of a remedy to the serious exceptional situation, without changing the substance or essence
of the right recognized” for a specific person357. Consequently, in a case concerning a person
with a disability, it mentioned that “the mode of compliance with the judgment as derived
from Law 23.982, would not only entail postponing the victim’s entitlement to an economic
right, but mainly the frustration of the main purpose of the compensation for injuries to
their psycho-physical integrity, which is the cessation of the deterioration process by means
of a timely rehabilitation."358
219. Accordingly, the Court considers that in the instant case, the enforcement of the
judgment, which ordered compensation in favor of Sebastián Furlán, was not effective and
resulted in the lack of judicial protection of the victim; therefore it did not fulfill the purpose
of protecting and compensating for the rights that were infringed and were recognized by
means of the judicial decision.
220. In the third place, this Court’s case law has developed a broad concept of property
that includes, among other things, the use and enjoyment of property, defined as material
goods that can be possessed or as intangible things,359 as well as any right that may form
part of a person's assets.360 Furthermore, the Court has protected, through Article 21 of the
Convention, the vested rights, in other words, rights that have been incorporated into a
person’s patrimony.361 Finally, it is necessary to recall that the right to property is not an
absolute right and, in this sense, may be subject to restrictions and limitations,362 insofar as
357
Cf. Supreme Court of Justice of Argentina, Gutierrez, Alberto v. Argentine Railways suit for damages,
August 13, 1998.
358
Cf. Supreme Court of Justice of Argentina, Escobar, Héctor Oscar v. Fabrizio, Daniel – Municipality of Tigre
and the Argentine Army, August 24, 1995. See also Supreme Court of Justice of Argentina, Gutierrez, Alberto v.
Argentina Railways, suit for damages, August 13, 1998, Considering 11, which indicated “the victim’s need for
immediate psychiatric treatment, […] to have sufficient funds to purchase the orthopedic material required for his
rehabilitation, a wheelchair, and to cover the relevant kinetic treatment.”
359
Cf. Case of Abrill Alosilla et al. v. Peru, footnote on page 74, in which this Court stated that in international
common law, it has been established that an expropriation is not limited to tangible or intangible property rights.
On the contrary, intangible rights, including Contract rights, are entitled to protection as acquired rights in several
arbitration rulings; Cf. International Centre for Settlement of Investment Disputes (ICSIIP), Case of Wena Hotels
Ltd. v. Egypt. No. ARB/98/4. Award of 8 December of 2000, para. 98, and Case of Southern Pacific Properties
(Middle East) Limited v. Arab Republic of Egypt, No. ARB/84/3, Review 328,375 of 1993. Also, International Court
of Justice, Case concerning certain German interests in Polish Upper Silesia. Merits. Judgment of May 25, 1926.
Series A. No. 7.
360
Cf. Case of Ivcher Bronstein v. Peru. Reparations and Costs. Judgment of February 6, 2001. Series C N°
74, paras. 120-122, Case of Salvador Chiriboga v. Ecuador, para. 55 and Case of Acevedo Buendía et al.
(“Discharged and Retired Employees of the Comptroller”) v. Peru, para. 84.
361
Cf. Case of "Five Pensioners" v. Peru, para. 102, Case of Salvador Chiriboga v. Ecuador, para. 55, and
Case of Acevedo Buendía et al (“Discharged and Retired Employees of the Comptroller”) v. Peru, para. 84.
362
Cf. Case of Ivcher Bronstein v. Peru, para. 128, Case of Salvador Chiriboga v. Ecuador, paras. 60 and 61,
and Case of Perozo et al. v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of January
28, 2009. Series C No. 195, para. 399.
70
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