timely, real, permanent, comprehensive and properly supervised treatment which would
have prevented or diminished the deteriorating situation of the physical and mental health
of Sebastián Furlan. These obstacles are somehow related to the obvious situation of
vulnerability of Sebastián Furlan at that time, which resulted in his two suicide attempts and
his act of aggression against his grandmother.
348.
Moreover, these omissions and deficiencies limited the possibility for him to obtain
rehabilitation interventions, which would probably have lead to more positive attitudes being
nurtured in Sebastián Furlan regarding his disability, his achievement of the highest possible
degree of integration, autonomy and the strengthening of his capacities with positive traits
to his personality. Moreover, some of the welfare plans on which the State based its defense
were to be provided at institutions at significant distances from the residence of the Furlan
family, which demonstrated the serious problems of the accessibility and to the availability
of the treatments considered necessary in his situation.
349.
Despite the fact that Sebastián Furlan could have gained access to a health plan and
social security with different related benefits, such access did not occur within a reasonable
time after the accident. This was in part due to the lack of support from the Juvenile
Defender’s Office and because he was not, at the appropriate time, awarded compensation
which would have contributed to the provision of the comprehensive care that was
required.
350.
Finally, in the present case, the consequences of the violations committed in
relation to the right to health and the right to social security had a negative effect on the
physical, emotional and mental integrity of Sebastián Furlan. In addition, these violations
are explained by the lack of a greater diligence regarding the adoption of special protective
measures required by the principle of non-discrimination in these type of cases.
Consequently, in my opinion, it could be said that the State violated article 26 in relation to
articles 5 and 1.1 of the American Convention to the detriment of Sebastián Furlan.
Margarette May Macaulay
Judge
Pablo Saavedra Alessandri
Secretary
4
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