43
118. The facts of the case reveal that the personal integrity of María Macarena
Gelman García could have been affected by the circumstances around her birth and
her first weeks of life. 128 Nevertheless, it is clear that the infringement of María
Macarena Gelman García’s right to psychological integrity occurred from the moment
she discovered her true identity, that is, that the violation to her psychological and
moral integrity is a consequence of both the enforced disappearance of her mother
Maria Claudia Gelman and of the violation of her right to know the truth about her
own identity, saying, that the violation of her mental and integrity is a consequence
the enforced disappearance of her mother and having found out the circumstances
around the death of her biological father, as well as the violation of her right to know
the truth of her own identity, of the lack of effective investigations to ascertain the
facts and the whereabouts of Maria Claudia Garcia and, in general, of the impunity
that remains in the case, that which has generated feelings of frustration,
helplessness, and anguish.
119. Along those lines, Ms. María Macarena Gelman stated before the Court, how
this serious infringement in her life circumstances has affected her life plan since the
moment she became aware of her true identity when she was almost 24 years old.
From that time on, after claiming her legal relationship before the Uruguayan
judicial system and registering herself as the legitimate daughter of Marcelo Gelman
and María Claudia García, she then started investigating her true origins and the
circumstances surrounding her mother’s disappearance. She expressed that since
that time, she "ha[s] dedicated my life to this endeavor," and "the search has
absorbed [her]," she started "losing motivation and ha[s] not been able to enjoy any
more, as [she] is always on guard and thinking that more can happen again," stating
that her "life plan does not go beyond a month, traveling between Montevideo and
Buenos Aires." She concluded that "currently [her] life is not much more than
that.”129 In this regard, Ms. Deutsch, an expert witness, noted that “she has been
affected at the most intimate level of her being: her identity,” given that in finding
out what had occurred, "her inner world crumbled.” The expert witness stated that
Maria Macarena Gelman “presents symptoms that disrupt her life, keeping her from
taking over the planning for her future, and cause her pain.” 130
120. The foregoing reveals that the abduction of children by State agents in order
for them to be illegitimately delivered and raised by another family, modifying their
identity and without informing their biological family about their whereabouts, as
demonstrated in the case, constitutes a complex act that involves a series of illegal
actions and violations of rights to conceal the facts and impede the restoration of the
relationship of the minors of age and their family members.
121. In the first place, as a child, Maria Macarena Gelman, had the right to special
measures of protection, which under Article 19 of the Convention corresponds to the
family, society, and the State. Therefore, the rights recognized in Articles 3, 17, 18,
and 20 of the Convention should be interpreted, in consideration of the corpus juris
128
Scientific evidence shows that diet, stress, physical and psychological stress experienced by the
mother during pregnancy has systemic effects that affect children [...] that can even alter the childs
subsequent physical
development. Cf.
National Commission
onPolitical Detention and
Torture,
supra note 23, Ch. V, page 255.
129
Cf. Statement rendered by María Macarena Gelman during the public hearing.
130
Cf. Expert Report of Ana Deutsch rendered before a notary public on November 17, 2010,
evidence, folio 5130.
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