(supra para. 13), it was taken into account that the three girls were then aged 12, 13 and
17 years of age and that there might be differences in their views and in the level of
personal independence for each of the girls to exercise her rights. In the instant case, the
Court heard two of the girls on February 8, 2012. (supra para. ¡Error! No se encuentra el
origen de la referencia.).
69.
During the hearing, the Secretariat staff was accompanied by the psychiatrist María
Alicia Espinoza80. Prior to commencing the proceeding, the delegation of the Secretariat of
the Court held a prior meeting with the psychiatrist, consisting of an exchange of ideas, in
order to ensure that the information provided was accessible and appropriate for the girls.
Taking into account the international standards on a child’s right to be heard (infra paras.
¡Error! No se encuentra el origen de la referencia. to ¡Error! No se encuentra el
origen de la referencia.), the girls M. and R. were, in the first place, informed jointly by
the staff of the Secretariat of their right to be heard, the effects or consequences that their
opinions might have in the dispute in this case, the position and arguments of the parties in
the present case. They were also asked whether they wished to continue participating in the
proceeding. Subsequently, instead of conducting a unilateral examination, a conversation
was held with each girl separately, in order to provide the girls with an appropriate
environment of trust. During the proceeding neither of the parents and neither of the
parties were present. Furthermore, the proceeding conducted with the girls was private, due
to the request, both by the Commission and by the representatives in this case, that the
identity of the girls remain confidential (supra note 3), and to the need to protect the girls’
best interest and their right to privacy. In addition, the girls expressly requested that
everything said by them during the meeting be kept in the strictest confidence.
70.
During the proceeding of February 8, 2012, the girls M. and R. said they were
aware of and understood the matters related to the three alleged violations in which they
were presented as alleged victims in the present case (infra paras. ¡Error! No se
encuentra el origen de la referencia., ¡Error! No se encuentra el origen de la
referencia., ¡Error! No se encuentra el origen de la referencia. and ¡Error! No se
encuentra el origen de la referencia.). From the statements made by the two girls and
bearing in mind the progressive nature of children’s rights, the Court noted that the two
girls had expressed freely and independently their own views and judgments regarding the
facts of the case that concern them, as well as some of their expectations and interests in
the resolution of this case. Therefore, the Court shall consider them as alleged victims in the
case at hand (infra paras. ¡Error! No se encuentra el origen de la referencia., ¡Error!
No se encuentra el origen de la referencia., ¡Error! No se encuentra el origen de la
referencia. and ¡Error! No se encuentra el origen de la referencia.).
71.
As mentioned previously, the girl V. did not participate in the hearing for
reasons of force majeure (supra para. ¡Error! No se encuentra el origen de la
referencia.). Based on the preceding considerations, the Court finds no grounds to
consider that the girl V. is not in the same situation as her sisters (infra paras. ¡Error! No
se encuentra el origen de la referencia., ¡Error! No se encuentra el origen de la
referencia., ¡Error! No se encuentra el origen de la referencia. and ¡Error! No se
encuentra el origen de la referencia.). However, for the purposes of reparations, the
competent national authority for children must privately confirm the girl V’s free opinion
regarding whether she wishes to be considered as an injured party.
80
In its brief of February 3, 2012 the State presented its observations concerning the participation of the
psychiatrist Espinoza in the proceeding. On February 6, 2012, following the instructions of the President of the
Court, the parties were informed that psychiatrist Espinoza had been designated to accompany the delegation of
the Secretariat, if necessary. Likewise, the record sent to the parties indicated that although the support of
psychiatrist Espinoza had been contemplated in this case, this was not necessary.
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