that the medical care provided to girl M. can effectively comply with the measures of
reparation.”
11.
The Commission considered that in regard to Ms. Atala’s request that the State bear
the cost of private psychiatric medical treatment, that it “expects the State to respond
favorably to Ms. Atala’s response” since “the implementation of this measure of reparation,
in order that it be effective, focus on the particular needs of the victim.” In regard to M., the
Commission noted “the dissatisfaction expressed by the representatives of the victims
regarding the quality of the sessions and other aspects of the service. As such, the
Commission expects that stemming from this information, the State take the necessary
corrective measures to overcome these shortcomings.” As to the girls V. and R., the
Commission found that “the State must continue to use all efforts within its reach, as well
as reiterate the request for authorization from V.[ and R’s] father in order to carry out the
interview, so as to determine the nature of [V] as an injured party and so that R can make
use of the medical care requested. In addition, the Commission found that “the suggestion
made by the representatives of letting the period established by the Court run as of the
moment that the girls reach adulthood is reasonable."
Considerations of the Court
12.
In paragraphs 254 and 255 of the Judgment,6 the Court ordered the State to provide
them, freely and immediately, with appropriate and effective medical and psychological care
for up to four years. The Court specifically noted that: i) the psychological treatment must
be provided by State institutions and personnel specialized in treating victims of acts such
as those that occurred in the instant case; ii) when providing said treatment, the specific
circumstances and needs of each victim must be take into account, so that they are offered
family and individual treatment, as agreed upon with each one, after an individual
evaluation; iii) the treatments must include the provision of medicines and, where
appropriate, transportation or other expenses that are directly related and are strictly
necessary, and iv) in particular, and where possible, the treatment must be provided at the
health centers nearest to the victims’ places of residence..
13.
On the other hand, in paragraph 71 of the Judgment, the Court decided that “for the
purposes of reparations, the competent national authority for children must privately
confirm the girl V’s free opinion regarding whether she wishes to be considered as an
injured party.” This was ratified in paragraph 20 of the Request for Interpretation, wherein
the Court reiterated that:
Bearing in mind the provisions made in the above paragraphs, the Court considers it is clear that, for the
purposes of reparations, it ordered the competent national authority for children to privately confirm the
girl V’s free opinion regarding whether she wishes to be considered as an injured party. In this regard, it
should be noted that although the Judgment did not establish a specific procedure for obtaining her
opinion, it did state that this should be done privately. Furthermore, the Judgment provided specific
guidelines on the considerations to be taken into account in order to ensure a child’s right to be heard. In
particular, the Judgment described the way in which the proceeding was conducted by this Court with the
girls M. and R. in paragraphs 68 and 69 thereof, and in the section entitled “Right of the girls M., V. and R.
to be heard and have their opinions taken into consideration” it explained in detail the provisions
concerning a child’s right to be heard, in order to ensure that the child’s intervention is in line with these
conditions and does not harm his or her genuine interest. Therefore, the Court considers that there is no
doubt that the State was ordered to obtain girl V’s free opinion regarding whether she wishes to be
considered as an injured party.
6
Cf. Case of Atala and Daughters V. Chile. Merits, Reparations, and Costs. Judgment of February 24, 2012,
Series C No. 254, Para. 254 and 255.
5