is free up to university level; in other words, the petitioner and her children have a right to
free education guaranteed by the State, and this is recognized in article 28 of the
Constitution.”
192. The Court recalls that, for the effects of this Judgment, it only considers Melba del
Carmen Suárez Peralta and Melba Peralta Mendoza as the “injured party” and they, as
victims of the violations declared in this Judgment, will be considered beneficiaries of the
reparations ordered by the Court (supra para. 28). Thus, it finds that the representative’s
request that scholarships be awarded to the children Gandy Alberto, Katherine Madeline and
Marilyn Melba, all with the surnames Cerezo Suárez, is inadmissible.
193. Furthermore, as it has established in other cases, 232 the Court considers that the
“damage to the life project” involves the loss or the serious impairment of opportunities for
personal development, irreparably or in a way that it would be difficult to repair. This
damage results from the limitations suffered by a person to relate to and enjoy his or her
personal, family or social surroundings, owing to serious physical, mental, psychological or
emotional injuries. 233
194. In this regard, the Court has indicated that in order to rule appropriately and in
keeping with law, reparations must have a causal nexus with the facts of the case, the
violations declared, the damage proved, and the measures requested to repair the
respective damage. 234 In this regard, it underlines, with regard to the payment of the
university studies of Mrs. Suárez Peralta, that neither the factual framework nor the analysis
of the rights that were declared to have been violated reveal any situation that permits the
Court to establish a proven causal nexus between Mrs. Suárez Peralta’s failure to complete
her studies and the violations declared in this Judgment. Taking this into account, the Court
finds it inappropriate to establish a measure of reparation in this regard.
3. Guarantees of non-repetition
195. The Court recalls that the State must prevent the repetition of human rights
violations such as those described in this case and, therefore, adopt all the legal,
administrative and other measures that are necessary to ensure that the exercise of the
rights is effective, 235 pursuant to the obligation to avoid similar events occurring in the
future, in compliance with the obligations of prevention, and guarantee of the human rights
recognized by the American Convention. 236
a) Request to adopt measures under domestic law
196. The Commission asked the Court to order the State to “adopt the measures
necessary to ensure that the laws related to the exercise of the medical profession are
232
Cf. Case of Loayza Tamayo v. Peru. Reparations and costs. Judgment of November 27, 1998. Series C No.
42, para. 150, and Case of Furlan and family members v. Argentina. Preliminary objections, merits, reparations
and costs. Judgment of August 31, 2012 Series C No. 246, para. 285.
233
Cf. Case of Furlan and family members, supra, para. 285.
234
Cf. Case of Ticona Estrada et al., supra, and Case of Fontevecchia and D’Amico, supra, para. 99.
235
Cf. Case of Velásquez Rodríguez, Reparations and costs, supra, para. 166, and Case of the Kichwa
Indigenous People of Sarayaku v. Ecuador. Merits and Reparations. Judgment of June 27, 2012. Series C No. 245,
para. 221.
236
Cf. Case of Velásquez Rodríguez, Reparations and costs, supra, para. 166, and Case of Artavia Murillo et al.
(In vitro fertilization), para. 334.
53
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