rehabilitation had a negative impact on her marriage. Mrs. Fernández was emotionally
separated from her husband,415 and later found herself involved in a divorce416. Likewise,
the breakup of the family unit negatively affected her role in the family, in which she had
shared the parenting, due to the fact that this role was significantly reduced417. Moreover, it
was Mrs. Fernández who had to provide the financial support for the household, since her
husband gave up his job (supra para. 253).
263.
For his part, Claudio Furlan also suffered the consequences produced by the events
in this case. In particular, there is evidence in the case file which suggests that he “was also
affected by the circumstances of the past and the roles that the family structure gradually
assigned to each of its members”418. The Court notes that the impact of the events of
December 1998 was so great on Mr. Claudio Furlan that “[he could] specify the date” on
which his family disintegrated and he ended up with his father: “it was December 21, at two
o'clock in the afternoon [when he] was nine years old.”419 Furthermore, he pointed out
during the public hearing that he “could even remember the color of Sebastián’s shoes” at
the time of the accident since “these are things you can never forget, no matter how young
you are.” Mr. Claudio Furlan has suffered mentally from this situation to the point where he
is constantly reliving his family’s separation, he remembers specific details of his brother’s
accident and of his parents’ separation.420 As a consequence of the distress suffered, Mr.
Claudio Furlan’s life project revolves around his disabled brother and his father. For
example, at one time, he changed his schedule and began attending night school in order to
be able to accompany his brother and he currently lives very near Sebastián Furlan’s home
to be available in case of an emergency.421
264.
Finally, Ms. Sabina Furlan was also affected by the circumstances of this case, as
confirmed by the socio-economic reports, which describe the breaking of the family ties and
the fact that she had to live alone with her mother, away from those who were once her
dearest loved ones, her two brothers and her father.422 Likewise, this Court considers
proven that Sabina Furlan suffered from a lack of attention during her childhood due to the
special care required by her older brother.423 Furthermore, the consequences of these
events continue to this day; for example, Danilo Furlan mentioned that “[to] date, [Sabina
does not] talk [to her father] due to the terrible circumstances she lived through during
415
During this interview Sebastián Furlan affirmed, ““my family is destroyed […]. [i]n fact, I have no family.
My parents are separated”. Cf. Medical-Psychological expert opinion submitted by Doctor Luis Garzoni, pages 424432.
416
Cf. Decision issued by the Court of First Instance N° 10 in Civil and Commercial Matters of March 31, 1999
(file of appendices to the brief of pleadings and motions, volume V, page 2259).
417
Cf. Socio-environmental report prepared by Marta Celia Fernández, page 2502.
418
Cf. Socio-environmental report prepared by Marta Celia Fernández, page 2510.
419
Cf. Socio-environmental report prepared by Marta Celia Fernández, page 2509.
420
Cf. Socio-environmental report prepared by Marta Celia Fernández, page 2509.
421
Cf. Socio-environmental report prepared by Marta Celia Fernández, page 2509.
422
Cf. Socio-environmental report prepared by Marta Celia Fernández, page 2500.
423
“The situation of Sebastian and [his] full time commitment to him, due to the lack of help or the necessary
means for a professional and specialized care, made [him] forget that he had a wife and when [he] realized this, it
was too late. He also had [two] other children, Sabina and Claudio. At every opportunity they would reproach me
for my lack of attention towards them, when Sebastián demanded so much more than I could give him”. Affidavit
rendered by Danilo Furlan, page 691.
83
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