C. Measures of satisfaction
C.1 Actions for access to education
51.
The State committed to taking "affirmative action measures" in favor of the
beneficiaries for admission to institutions of higher learning, pursuant to articles 39 and
35 of the Regulations of the National Placement and Admissions System. Consequently,
the following scores were established as affirmative actions: using ruralness and
geographical location as reference variables, 15 points for Kerlly Mercedes Huacón
Salazar, who wants to study early childhood education at the Universidad de Guayaquil;
15 points for Walther Bryan Huacón Chancay, who wants to study logistics and
transportation at the Universidad de Guayaquil; 15 points for Kaite Debora Huacón
Franco, who wants to study business administration at the Universidad de Guayaquil;
and 15 points for Wilson Gabriel Huacón Franco, who wants to study industrial
engineering at the Universidad de Guayaquil.
52.
Additionally, in the case of Ashley Denisse Castro Huacón, it was agreed that the
Secretariat for Human Rights would support her before the SENESCYT with respect to
her request to return to higher education until her case is resolved. Should a new
application process be required, it was agreed to offer 15 points to account for variables
of ruralness and geographical location. Regarding Ayleen Alexandra Murillo Huacón, it
was agreed that "the Secretariat of Human Rights will provide her with support before
SENESCYT for the process of changing universities. Should changing schools require a
new application process, 15 points will be offered to account for variables of ruralness
and geographical location." Regarding Jostin Randi Castro Huacón, it was agreed that
“the Secretariat for Human Rights will monitor the process [...] for admission to the
Master's Degree in Process Improvement at ESPOL and, if necessary, will activate the
competent entity to verify whether affirmative actions can be taken for admission to the
program." Regarding this issue, it was agreed that the measure would be “review[ed]"
by the Secretariat for Human Rights, "until all the persons mentioned enter the higher
education system or until such time as they desist from these measures."
53.
The Court notes that the facts of the case caused significant changes in the lives
of the family members of Walter Gonzalo Huacón Baidal and Mercedes Eugenia Salazar
Cueva, impacting their human relationships and their personal development. In view of
the foregoing, and taking into consideration the friendly settlement agreement, as a
measure of satisfaction in the instant case, the Court orders the State to take the actions
provided for in the agreement, in the terms established therein (supra paras. 51 and
52).
C.2 Publication of the friendly settlement agreement and of this judgment
54.
The agreement includes the following as a measure "expressly requested by the
victims”:
In view of the actions or omissions that caused the violation of the human rights enshrined in the
American Convention on Human Rights, the Ecuadorian State will, through its Secretary for
Human Rights, coordinate the following publications with the competent State institutions: a) the
[...] part of the friendly settlement agreement on public apologies and non-pecuniary reparations,
available for at least one year, on an official website of a national State institution accessible to
the public; and, b) a summary of this agreement, once only, in a widely-circulated national
newspaper. Neither the publication on the official website nor in the widely-circulated national
newspaper will make reference to the compensation, for reasons of the victims’ safety. All of the
above shall be carried out within a period of six months from the signing of the [...] agreement.
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