192. In its case law, this Court has developed the concept of pecuniary damage, which encompasses
the loss of or detriment to the income of the victims, the expenses incurred owing to the facts, and
the consequences of a pecuniary nature that have a causal nexus with the facts of the case. 195
193. In view of the circumstances of this case, the Court considers it reasonable to order the State
to pay compensation for consequential damage in favor of Sandra Pavez Pavez, for the psychological
therapies that she had to undergo as a result of the facts of the case. Bearing in mind that the
information provided by the representatives does not allow the Court to establish with certainty the
amount of the pecuniary damage caused by the facts examined in this case, the Court sets in equity
the amount of USD$ 5,000.00 (five thousand United States dollars) in favor of Sandra Pavez Pavez.
E.2. Non-pecuniary damage
194. The Commission requested that the State be ordered to make full reparation for the human
rights violations declared in its Merits Report in the non-pecuniary aspect, requesting, in addition, that
it be required to adopt the corresponding compensation measures.
195. The representatives requested that the State compensate the victim for the suffering she
endured as a result of the discrimination to which she was subjected, exposing her private life and
harming her professional career. In their final written arguments they also explained that the events
caused Ms. Pavez Pavez severe trauma for many years, and that since 2007 she has held the position
of inspector general on an interim basis, “essentially a precarious and unstable” situation. In view of
the foregoing, they proposed an award of USD$30,000.00 alleging the similarity of the present case
with the case of Atala Riffo and Daughters v. Chile.
196. The State, in its final written arguments, considered this request inadmissible, maintaining
that it is not internationally responsible in the instant case.
197. In its case law, the Court has established that non-pecuniary damage may include both the
suffering and afflictions caused to the direct victim and his family, and the impairment of values of
great significance for the individual, as well as any alterations of a non-pecuniary nature in the living
conditions of the victim or his family.186 Moreover, since it is not possible to assign a precise monetary
equivalent to non-pecuniary damage, this can only be compensated, for the purposes of
comprehensive reparation to the victims, through the payment of an amount of money or the delivery
of goods or services that can be valued in money, as determined by the Court in reasonable application
of judicial discretion and in terms of equity. 196
198. Considering the circumstances of this case, the nature and seriousness of the violations
committed, the suffering caused to the victim, 197 and the time that has elapsed since the facts
occurred, the Court finds it reasonable to order the State to pay compensation for non-pecuniary
damage in favor of Sandra Pavez Pavez. Consequently, the Court establishes, in equity, the sum of
USD$ 30,000.00 (thirty thousand United States dollars) for non-pecuniary damage, in favor of Sandra
Pavez Pavez. This amount includes a sum of money to enable Sandra Pavez Pavez to cover the costs
of the necessary psychological treatment (infra para. 175).
195
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002.Series C No. 91,
para. 43, and Case of Digna Ochoa and Family Members v. Mexico, supra, para. 181.
196
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs, supra, para. 84, and
Case of Cuya Lavy et al. v. Peru, supra, para. 223.
During the public hearing, Sandra Pavez Pavez stated that she lived “with a tremendous depression when all this
happened, it also affected the fears that one has of coming out publicly, running the risk of being hurt by anyone in the street.”
She also stated that she was affected by “having lost (her…) right to teach, (…and), what the media says.” Similarly, with
respect to her position as inspector, she said that she felt that she “was not doing what [she] [...] liked, [...], that it was not
what (her) inner self felt, it was like doing something because you have to do it and because you have to earn money and
make a living, but was not (her) inner essence. (She) felt she totally lost (her) dignity as a human being.”
197
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