life, each person goes his own way [,…], they are humiliated, poor and exhausted.”
Similarly, Mr. Claudio Furlán testified that, at first, he and his sister were taken care of by
his mother, "but [his] mother was working [because this father] took care of Sebastián
much of the time, [for which reason] he had to leave his job and there was no source of
income at home.” He added that “[his] mother had to work and therefore [he] and Sabina,
his sister, were left [to cope] as best we could.”
253.
From the evidence on file, the Court notes that, in several reports submitted to the
case, different doctors and psychologists mentioned that: i) "the family group is severely
disturbed and the risk of violent action is high"395; “the serious and dangerous family
situation” and the urgency in “assisting, monitoring and watching [Mr. Danilo Furlan]”396; iii)
“[there were] serious conflicts between the parents who mutually undermined each other,
397
and indirectly encouraged their children to take sides”
, and v) “the reversal of roles in
Sebastián’s family, where Sebastián took the place of his mother as the object of control of
the father [and] the father took the place of the wife as caretaker of the children, created a
398
highly conflictive relationship between Sebastián and his father.”
As a result, it was
recommended that “outpatient psychiatric-psychotherapeutic treatment at the Posadas
399
National Hospital
be provided to the entire family group.400 The conclusion of the socioenvironmental report prepared in the instant case was that “[a]ll of this accounts for how
Sebastián’s accident caused a breakup of the family situation [...] first, the break up of the
marriage and then the division of the care and responsibilities toward the children.”401 The
change in the family structure was described as the transition “from a nuclear family with
402
shared parental responsibilities to a one-parent family headed by the father.”
254.
As is evident, the Furlan family received no proper guidance or accompaniment to
provide better family support for Sebastián Furlan’s rehabilitation. In this regard, this Court
considers it pertinent to emphasize that “the best way to care for and assist children with
disabilities is within their own family environment, provided that the family has sufficient
means in every sense.”403 This implies that families must have comprehensive support to be
able to take on that responsibility in an appropriate manner. This type of support should
include “the education of the parents and siblings, not only as regards the disability and its
causes, but also the special physical and mental needs of each child [and] the psychological
support to cope with the pressure and difficulties that children with disabilities entail for
395
Cf. Report of the Center for Family Investigation of May 8, 1994 (file of appendixes to the report, volume II,
appendix 7, pages 887 and 888).
396
Cf. Reports of Evita Hospital of March 11 and 15, 1994 (record of appendices to the report, volume II,
appendix 7, page 774).
397
Cf. Report of the Family Investigation Center, May 8, 1994, pages 887 to 889.
398
Cf. Expert Report of Doctor Luis Garzoni, pages 424 to 432.
399
Medical certificate issued by the Hospital Nacional Posadas of January 8, 2009 (file of appendices to the
brief of pleadings and motions, page 2422).
400
Cf. Order issued by Judge in Case 27.428, page 907.
401
Cf. Socio-environmental report on Danilo Furlan prepared by Marta Celia Fernández (file of appendices to
the brief of pleadings and motions, volume V, page 2501).
402
See Socio-environmental report on Danilo Furlan prepared by Marta Celia Fernández (file of appendices to
the brief of pleadings and motions, volume V, page 2502).
403
Committee on the Rights of the Child, General Comment No. 9, para. 41
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