119.
In addition, in their final written arguments, the representatives argued that the rights of the
child enshrined in Article 19 of the Convention had been violated. Although this argument was made late,
in application of the principle of iura novit curia, the Court will analyze it.
120.
According to the representatives, at the time of Mr. Tabares Toro’s disappearance, his sisters
Leidy Julieth and María Isabel Gallego Toro were 13 and 10 years old respectively, and this event affected
their childhood, as they spent long periods of time without a mother's presence and grew up in an
environment of distrust toward the outside world. According to testimonies, this caused them to be deeply
fearful of living a basically normal life. They were stigmatized by hostile comments. The representatives
added that the two girls’ experiences were the result of the actions of the government officials who
disappeared their brother and that despite knowing the facts, the authorities never took concrete steps
to help the girls.
121.
In light of the above, and in consideration of the State's acknowledgment of responsibility (supra
para. 27(c)), the Court finds that the State violated the rights to personal integrity, the protection of
honor and dignity, and the protection of the family enshrined in Articles 5(1), 11, and 17 of the American
Convention respectively, in conjunction with its Article 1(1), against María Elena Toro Torres, Óscar de
Jesús Tabares, Holmar de Jesús Gallego Márquez, María Bibiancy Tabares Toro, Jhon Fredy Tabares
Giraldo, Leidy Julieth Gallego Toro, and María Isabel Gallego Toro.
122.
The Court further concludes that the State violated the rights of the child enshrined in Article 19
of the American Convention, in conjunction with Article 1(1), against Leidy Julieth Gallego Toro and María
Isabel Gallego Toro, who were children at the time of the events.
VIII
REPARATIONS 157
123.
Pursuant to Article 63(1) of the American Convention, the Court has indicated that any violation
of an international obligation that has caused harm entails the obligation to remedy it adequately, and
that this provision reflects a customary norm that constitutes one of the fundamental principles of
contemporary international law on State responsibility. 158
124.
Remedying the harm produced by the infringement of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which consists in restoring the prior situation.
When this is not feasible, as in the majority of cases of human rights violations, the Court will determine
measures to guarantee the violated rights and to remedy the consequences of those violations.159
Therefore, the Court has found it necessary to grant various measures of reparation in order to redress
the harm comprehensively; thus—in addition to pecuniary compensation—measures of restitution,
rehabilitation, and satisfaction, as well as guarantees of non-repetition, are especially important to
redress the harm caused. 160
125.
The Court has established that reparations must have a causal nexus with the facts of the case,
the violations declared, the harm proven, and the measures requested to redress the respective harm.
Accordingly, the Court must analyze all of these factors in order to rule appropriately and in keeping with
the law. 161
126.
Bearing in mind the violations of the American Convention declared in the previous chapters, and
in light of the standards established in the Court’s case law regarding the nature and scope of the
Application of Article 63(1) of the American Convention.
Cf. Case of Velásquez-Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C
No. 7, para. 25, and Case of Olivera Fuentes v. Peru, supra, para. 130.
159
Cf. Case of Velásquez-Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 and 2, and Case of
Olivera Fuentes v. Peru, supra, para. 131.
160
Cf. Case of the “Las Dos Erres” Massacre v. Guatemala. Preliminary objection, merits, reparations, and costs.
Judgment of November 24, 2009. Series C No. 211, supra, para. 226, and Case of Olivera Fuentes v. Peru, supra,
para. 131.
161
Cf. Case of of Ticona Estrada v. Bolivia, supra, para. 110, and Case of Olivera Fuentes v. Peru, supra, para.
132.
157
158
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