the basis of the many litigations that were filed, as well as the delay in the investigations, tend to establish the
alleged sufferings as obvious.
108.
By virtue of the descriptions above, the Commission considers that the state violated the right to
mental and moral integrity of Ezequiel Martín and Vanina Verónica Avaro, as established in Article 5.1 of the
American Convention in connection with the obligations in Article 1.1 of the same instrument.
V. CONCLUSIONS AND RECOMMENDATIONS
109.
On the basis of the determinations of fact and law, the Inter-American Commission concludes that the
state of Argentina is responsible for the violation of the rights enshrined in Article 4.1 (life), Article 5.1
(personal integrity), Article 8.1 (fair trial), Article 25.1 (judicial protection), and Article 26 (health) of the
American Convention, in connection with the obligations set forth in Article 1.1 of the same instrument, as well
as for the violation of Article 7 (duties of states) of the Belém do Pará Convention, in accordance with the terms
specified throughout the report. The IACHR also concludes that the state of Argentina is responsible for the
autonomous violation of the personal integrity of Cristina Britez Arce’s son and daughter.
110.
By virtue of the conclusions above,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS MAKES THE FOLLOWING RECOMMENDATIONS
TO THE STATE OF ARGENTINA
1. Provide comprehensive pecuniary and non-pecuniary reparations for the human rights violations stated
in the present report. The state must adopt pecuniary compensation measures for the benefit of the victim’s
identified next of kin.
2. Ensure mental health service measures needed by Cristina Britez Arce’s son and daughter if that is what
they wish and in a coordinated fashion.
3. Provide the necessary training measures so that health personnel attending pregnant women and/or
women in labor, both in public and private hospitals, are aware of the standards established in this report.
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