serious human rights violations in order to claim the corresponding reparations. 265
234. Consequently, the standard set by the Supreme Court in this specific case violated the
rights of the alleged victims to judicially claim the pertinent reparations for the harm caused
by the serious acts perpetrated against them and their biological parents, which violated their
right to access to justice.
235. As regards the State's pleading, it should be noted that the courts hearing the lawsuit
filed by the alleged victims raised no procedural concerns as to the remedies pursued to claim
compensation. Therefore, the objection raised is without merit, since the judicial avenue
chosen to claim reparations is appropriate and therefore the standard applied by the Supreme
Court was harmful to the rights of the alleged victims, thus amounting per se to a violation
generating international responsibility.
236. This Court also recalls that Article 2 of the American Convention obliges States Parties
to adopt, in accordance with their constitutional processes and the provisions of the
Convention, such legislative or other measures as may be necessary to give effect to those
rights or freedoms protected by that instrument. This duty involves the adoption of two types
of measures. The first is the elimination of norms and practices of any nature that entail a
violation of the guarantees established in the American Convention, 266 either because they
ignore those rights and freedoms or they impede the exercise thereof. 267 The second is the
enactment of laws and the implementation of practices leading to the effective observance of
such guarantees. 268
237. Therefore, the declared violation also constitutes a breach of the duty set forth for States
in Article 2 of the American Convention, read in conjunction with Articles 8(1) and 25(1),
insofar as the standard applied by the Supreme Court of the Nation in the specific case and
reiterated in subsequent rulings (supra footnote 262), amounts to a judicial interpretation that
in practice violates to the rights recognized by the American Convention.
A.2.1. Conclusion
238. Based on these considerations, the Court concludes that the jurisprudential standard
applied to this specific case, insofar as it denied the right of the alleged victims to obtain
reparations for the serious human rights violations perpetrated against them and their
biological parents, amounted to a violation of their right to access to justice. Consequently,
the Argentine State is internationally responsible for the violation of Articles 8(1) and 25(1)
of the American Convention, read in conjunction with Articles 1(1) and 2 thereof, to the
detriment of Anatole Alejandro and Claudia Victoria, who bear the surnames Larrabeiti Yáñez.
B. Administrative mechanisms for providing reparations for serious human
rights violations
crimes against humanity is covered by imprescriptibility thereof, and there are therefore no time limits on exercising
the rights granted under the regime.”
265
Cf. Commission on Human Rights, Report of the independent expert to update the Set of principles to combat
impunity, Diane Orentlicher, E/CN.4/2005/102/Add.1, February 8, 2005, Principles 23: “Prescription shall not apply
to crimes under international law that are by their nature imprescriptible. When it does apply, prescription shall not
be effective against civil or administrative actions brought by victims seeking reparation for their injuries.”
266
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, Reparations, and Costs. Judgment of May 30, 1999. Series
C No. 52, par. 207; and Case of the Miskito Divers (Lemoth Morris et al.) v. Honduras, supra, par. 45.
267
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago, supra, par. 113, and Case of Casa
Nina v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment dated November 24, 2020. Series C
No. 419, par. 100.
268
Cf. Case of Castillo Petruzzi et al. v. Peru, supra, par. 207; and Case of the Miskito Divers (Lemoth Morris et
al.) v. Honduras, supra, par. 45.
62