74
reparation to the children Dilcia and Violeta and to their next of kin for the harm
suffered owing to the alleged violations of which they were victims.
Arguments of the State
215.
The State did not present any arguments in this respect.
Considerations of the Court
216. The Court finds that the children Dilcia Yean and Violeta Bosico are the
“injured parties,” as victims of the violations of the rights embodied in Articles 3, 18,
20 and 24 of the American Convention, in relation to Article 19 thereof, and also in
relation to Article 1(1) of the Convention; they will therefore be beneficiaries of the
reparations that the Court establishes for non-pecuniary damage.
217. In addition, Leonidas Oliven Yean and Tiramen Bosico Cofi, the victims’
mothers, and Teresa Tucent Mena, the child Violeta Bosico’s sister, as victims of the
violation of the right embodied in Article 5 of the American Convention, in relation to
Article 1(1) thereof, are considered “injured parties” in this case.
B)
PECUNIARY AND NON-PECUNIARY DAMAGE
Arguments of the Commission
218. The Commission did not refer to pecuniary
compensation for non-pecuniary damage, stated that:
damage
and,
regarding
(a)
The reparations required to ensure that the State complies with its
international responsibility include payment of fair compensation for “the nonpecuniary damage caused;”
(b)
The children’s uncertainty about their fate caused them and their next
of kin anxiety and fear. The fear of two single mothers, with limited financial
resources, that their children of eleven months and 12 years of age
respectively, could be expelled and sent to Haiti, has a significance which
goes beyond pecuniary reparation, and
(c)
In the case of Violeta Bosico, her mother experienced feelings of
frustration on seeing that, owing to the imposing of a requirement with which
she was unable to comply, and not because of lack of the right, but rather
owing to discriminatory application of the law by several State officials, the
efforts to ensure that her daughter could go to school and improve her
situation were interrupted and suspended for a year.
Arguments of the representatives
219. The representatives did not refer to pecuniary damage and, regarding nonpecuniary damage, indicated:
(a)
On its own, the judgment of the Court is insufficient to ensure that the
violations committed in this case are not repeated or that full restitution is
made to the alleged victims;
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