defense of minors or persons with disabilities, the corresponding actions or remedies,
autonomously or together with their necessary representatives; ii) intervene in any case or
matter and require the adoption of all measures necessary to protect the person or property
of the minor, person with disability or disqualified person; iii) require the judicial authorities
to adopt measures tending to improve the situation of minors, persons with disabilities or
disqualified persons, and iv) request the judicial authorities to apply the pertinent measures
to protect minors and persons with disabilities who are exposed to a serious and imminent
risk to their physical or moral health.
239.
Regarding the procedural stage at which the judicial authority in charge of
conducting the proceeding involving a minor must notify the “Juvenile Defender”, the expert
witness Moreno stated that: “just as the Public Prosecutor’s Office is notified whenever there
is a doubt about jurisdiction, the judge hearing a case in which a minor is involved must
immediately request the Juvenile Defender’s intervention, and this is a power that is
expressly stated in the Procedural Codes and that, generally within a court, is part of the
381
judicial organization.”
240.
In this sense, the Court notes that while Sebastián Furlan was a minor, the Juvenile
Defender’s Office was not notified of this fact, nor was that office notified once the degree of
disability of Sebastián Furlan was known. The only such action recorded in the file is the
brief dated October 24, 1996, in which the Juvenile Defender’s Office stated that it was not
necessary for that office to intervene since Sebastián Furlan had reached legal age (supra
para. 86). However, the Court notes that the Juvenile Defender undertook to represent
382
Sebastián Furlan’s siblings,
who were minors at that time, with no further action recorded
in the file by said Juvenile Defender. Moreover, the Court notes that upon reaching legal
age, on October 28, 1996, Sebastián Furlan endorsed all actions that had been taken by his
383
father on his behalf until then.
However, the Court also notes that this endorsement was
made before the submission of the expert reports that revealed Sebastián Furlan’s degree of
disability (supra para. 86).
the courts at all levels, whenever the best interests or property of the minor is at stake and issue the
corresponding opinion; c) to intervene in any case or matter and require the adoption of all measures necessary to
protect the person and property of the minor or person with disability, according to the corresponding laws when
there is lack of legal representation; when it is necessary to act in their capacity or in the capacity of the legal
representatives, parents or guardians, and control the actions taken by them; d) to offer advice to minors, persons
with disabilities, disqualified or convicted persons under the regime of article 12 of the Penal Code, as well as to
their necessary representatives, parents and other persons who may be responsible for the acts of persons with
disabilities, for the adoption of all measures related to their protection e) to require the judicial authorities the
adoption of measures tending to improve the situation of minors, persons with disabilities or disqualified and
convicted persons subject to the regime of Article 12 of the Penal Code, whenever there is evidence of
mistreatment, lack of care or improper care from their parents, guardian or persons or institutions in charge of
providing them with care. If appropriate, they shall be able to adopt urgent measures, acting in their capacity as
joint representatives; f) to request the judicial authorities the application of the pertinent measures to protect
minors and persons with disabilities who are exposed to serious or imminent risks to their physical or moral health,
regardless of their family or personal situation. […] k) to bring to the attention of the competent judicial authority
the acts or omissions of judges, court officials or personnel of courts of law that they consider are subject to
disciplinary sanction and require the application thereto […]”. Cf. Article 54, Law 24.946/1998 (file of appendices to
the brief of pleadings and motions, volume VII, page 3155).
381
Statement by the expert witness Gustavo Daniel Moreno at the public hearing held on February 27, 2012.
382
Cf. Brief of the Juvenile Defender’s Office of October 24, 1996 (file of appendices to the report, volume I,
appendix 6, page 169).
383
Cf. Brief of Sebastián Furlan of October 28, 1996 (file of appendices to the report, volume I, appendix 6,
page 171).
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