TABLE OF CONTENTS
Paragraphs
I.
II.
III.
IV.
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
PROCEEDINGS BEFORE THE COURT
JURISDICTION
EVIDENCE
A. Documentary, testimonial and expert evidence
B. Admission of the evidence
1
3
9
10
11
12
V.
PRELIMINARY CONSIDERATIONS
A. Determination of the presumed victims
B. Determination of the factual framework
14
17
VI.
RIGHTS TO JUDICIAL GUARANTEES, TO JUDICIAL PROTECTION, TO
PROTECTION OF THE FAMILY AND OBLIGATION TO ADOPT DOMESTIC
LEGAL PROVISIONS IN RELATION TO THE OBLIGATION TO RESPECT
AND GUARANTEE RIGHTS, AND TO THE RIGHTS OF THE CHILD
A. Facts
B. General considerations of the Court
C. Judicial guarantees and judicial protection
i. Considerations of the Commission
ii. Arguments of the representatives and of the State
iii. Considerations of the Court on a reasonable time
iv. Considerations of the Court on the due diligence of the judicial
authorities in the guardianship proceedings
v. Considerations of the Court on the right to an effective remedy
D. Protection of the family
i. Considerations of the Commission
ii. Arguments of the representatives and of the State
iii. Considerations of the Court
E. Domestic Legal Effects
i. Considerations of the Commission
ii. Arguments of the representatives and of the State
iii. Considerations of the Court
VII.
REPARATIONS
A. Injured party
B. Measures of integral reparation: restitution, satisfaction and
guarantees of non-repetition
1. Measure of restitution
1.1 Restitution of ties between Mr. Fornerón and his daughter
2. Guarantees of non-repetition
2.1 Investigation and eventual sanction of officials
2.2 Adaptation of domestic law
2.3 Training for public officials
2.4 Publication of the Judgment
3. Other measures requested
3.1 Education on the best interests of the child and the right to identity
3.2 Single register of applicants for guardianship for purposes of adoption
3.3 Gene bank
C. Compensation
1. Pecuniary damage
2. Non-pecuniary damage
D. Costs and expenses
E. Reimbursement of expenses to the Victims’ Legal Assistance Fund
F. Means of complying with the payments ordered
VIII. OPERATIVE PARAGRAPHS
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