possible integration difficulties, particularly in the social sphere and in school, the expert opinion emphasized that Sebastian Furlan should have received specialized care. In fact, expert witness Rodriguez indicated that: A psychologist should have intervened to supervise learning and social aspects with his peers at school. There are no school reports, nor do we know if there was a school department to intervene. The school team and the health team should have worked together, considering that this is a child who finished a school year healthy and began the next year in a situation of Disability. 456 288. Also, bearing in mind that the lack of appropriate rehabilitation has had a negative impact on Sebastián Furlan in the different social, work and educational spheres (supra paras. 197 to 203), the Court finds that he must be offered access to rehabilitation and training services and programs based on a multidisciplinary assessment of his needs and capabilities.457 This should take into consideration the social model to address disability (supra paras. 133 to 135), since this provides a broader approach to the rehabilitation measures for persons with disabilities. Therefore, the Court orders the Argentine State to create a multidisciplinary team which, taking into account the opinion of Sebastián Furlan, will determine the most appropriate measures of protection and assistance for his social, educational, vocational and labor insertion. Also, in determining these measures, the assistance required to facilitate their implementation must be taken into account, so that, by mutual consent, treatment can be provided at home or in locations near his place of residence. The State shall submit annual reports on the implementation of this measure for a period of three years, once implementation of said mechanism begins. B.2) Measures of satisfaction 289. The representatives requested “the publication of the judgment in three daily newspapers with wide circulation [in Argentina].” The State made no observations in this regard. 458 290. The Court orders, as it has in other cases, that the State publish, within six months of notification of this Judgment: (a) the official summary of this Judgment prepared by the Court, once, in the Official Gazette; (b) the official summary of this Judgment prepared by the Court, once, in a national newspaper with widespread circulation, and (c) this Judgment in its entirety, available for one year on an official website. B.3) Guarantees of non-repetition B.3.1) Access to information on health and social security Arguments of the parties and of the Commission 456 Affidavit of Doctor Estela del Carmen Rodríguez of February 10, 2012 (Merits file, volume II, page 760). In this regard, the expert Alejandro Morlacchetti said "... that the State's obligations with respect to persons with disabilities is to provide, facilitate and enable educational centers where that person, according to their degree of disability, is integrated to the school system [...] so he is as close as possible and as little as possible excluded of the existing educational system.” Statement by expert Alejandro Morlacchetti at the public hearing. 457 Article 26 of the Convention on the Rights of Persons with Disabilities 458 Cf. Case of Cantoral Benavides v. Peru. Preliminary Objections. Judgment of September 3, 1998. Series C No. 40, para. 79, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 307. 91

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos