36. A jointly released report by the World Health Organization and UNICEF in 2008 determined that head injuries are the most common accidents —and potentially the most dangerous— sustained by children throughout the world, and that many children who survive this type of injury suffer permanent disabilities that have a serious impact on their lives and the lives of their families. Said disabilities can be of a physical, mental or psychological nature, and can include the inability to attend school, find an adequate job or have a social life. Additionally, these children have more basic problems associated with the continuous pain they face. Said report also stresses that it is generally their closest family members, among others, who shoulder the responsibility of support for these young people or children.6 37. Said report also notes that many disabilities arising from child injury “could be avoided with improved rehabilitation services.”7 With regard to child injury (stemming from traffic accidents), the report indicates that “the availability of good rehabilitation services is […] an important requirement for the proper recovery of [these injured] children.”8 Authoritative opinions also reflect that it is a proven fact that early rehabilitation in children and adolescents who have sustained traumatic brain injury (TBI) contributes to improving the functional outcome and, therefore, rehabilitation has to be continued beyond the post-acute stage; in order to promote neuronal reorganization, to monitor the child’s development and to identify and manage new issues that may arise in relation to their growth, development and maturation.9 B. Sebastian Claus Furlan’s accident 38. On December 21, 1988, Sebastian Claus Furlan, then 14 years of age,10 together with other boys his age, entered a lot located in the town of Ciudadela, District of Tres de Febrero, Province of Buenos Aires, property of the Argentine Army, in order to play, without any restriction at all as they usually did.11 39. The trial court concluded that the evidence introduced in the suit for damages established with certainty that the property where Sebastian’s accident occurred was: A former military training field (inside of which there were dirt mounds, hurdles and obstacles made of railroad ties of quebrancho wood and the remains of an “infantry track” [obstacle course]) that was in a state of disrepair, with one of its sides bordering a public street and was lacking in wire fencing or perimeter wall to prevent access to third parties, and which was used by children for playing different games, relaxing and practicing sports.12 6 See World Health Organization and UNICEF, World Report on Child Injury Prevention, 2008, edited by Margie Peden et al, available at www.who.int, pp. 7-8. 7 See World Health Organization and UNICEF, World Report on Child Injury Prevention, 2008, edited by Margie Peden et al, available at www.who.int, p.13. 8 See World Health Organization and UNICEF, World Report on Child Injury Prevention, 2008, edited by Margie Peden et al, available at www.who.int, p. 41. 9 Hwee-Ling Yen, Janice TY Wong, Rehabilitation for Traumatic Brain Injury in Children and Adolescents, commentary, Annals Academy of Medicine, January 2007, vol. 36. No. 1. 10 Sebastian Claus Furlan’s birth certificate indicates that he was born on June 6, 1974. Court records titled “Furlan Sebastian Claus v. National State for Damages”, page 2. Annex to communication from the State received on October 15, 2008. 11 Trial Court Judgment issued on September 7, 2000, National Court for Federal Civil and Commercial Matters, Chamber No. 18, Case File No. 3.519/1997, case proceeding records titled “Furlan Sebastian Claus v National State for Damages”, page 321 back. Annex to communication from the State received on October 15, 2008. 12 Trial Court Judgment issued on September 7, 2000, National Court for Federal Civil and Commercial Matters, Chamber No. 18, Case File No. 3.519/1997, case proceeding records titled “Furlan Sebastian Claus v National State for