municipal, provincial and national levels. The Court recalls that reparations must have a
causal connection with the facts of the case and the violations declared (supra para. 146).
The measure requested bears no causal relationship to the facts of the case or to the
violations declared in this Judgment; hence it is not appropriate to admit it or to include any
additional considerations in this regard.
3.2. Single register of applicants for guardianship for purposes of adoption
185. The representatives asked the Court to order the State to adopt explicit measures to
ensure that the provinces joined the “Single Register of Adoptive Parents.” Among other
aspects, the State provided information on the initiative to create the provincial register of
adoptive parents and the implementation of the Single Register of Applicants for
Guardianship for the purpose of Adoption established by Law 25,854. Argentina indicated
that “both requirements have been met and are in force.” In addition, it indicated that 10
provinces, including Entre Rios, had joined the register. The Court observes that Argentina
has advised that it has created a Single Register of Applicants for Guardianship for Purposes
of Adoption, and that the province where the facts of this case took place has joined it. The
information available reveals that the measure requested is being implemented by the
State. Although Argentina must continue taking steps to ensure that all the provinces join
the Register, the Court does not consider it necessary to order an additional measure of
reparation in this regard.
3.3. Gene bank
186. In their brief with final arguments, the representatives added as a measure of
reparation, the establishment of a DNA gene bank of all children at birth to guarantee their
identity scientifically. In this regard, Article 40(2)(d) of the Court’s Rules of Procedure states
clearly that the claims of the representatives, including those relating to reparations, must
be included in the initial pleadings and motions brief. Consequently, this request is timebarred and it is not appropriate to admit it or include any additional considerations in this
regard.
C. Compensation
1. Pecuniary damage
187. In its case law, the Court has developed the concept of pecuniary damage and the
situations in which it must be compensated. The Court has established that pecuniary
damage involves loss or detriment to the income of the victims, the expenses incurred as a
result of the facts, and the pecuniary consequences that have a causal relationship with
the facts of the case.121
188. The representatives asked the Court to order the State to pay Mr. Fornerón the sum
of US$147,000.00 (one hundred and forty-seven United States dollars 122 ) for pecuniary
damage, based on the following concepts and amounts:
121
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002.
Series C No. 91, para. 43, and Case of González Medina and family v. Dominican Republic, supra note 10, para.
310.
122
All the amounts refer to United States dollars.
49
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