the Court considers it necessary that the State continue to provide training courses to
officials of the Executive and the Judiciary and public information campaigns on the
protection of the rights of persons with disabilities.473 The training programs should reflect
the principles of full participation and equality, 474 and be conducted in consultation with
organizations for persons with disabilities.475 In addition, the Court considers that the State
should continue to strengthen cooperation between State institutions and non-governmental
organizations in order to improve the care provided to persons with disabilities and their
families. To this end, it should ensure that the organizations of persons with disabilities can
play a significant role so as to guarantee that their concerns are duly taken into account and
processed appropriately.476
C.
Compensation
C.1) Pecuniary damages
Arguments of the parties and of the Commission
309.
The representatives asked the Court to order, based on the principle of equity, “for
the consequential damage suffered, […] payment of US $6,000 in favor of Danilo Furlan and
US$ 3,000 in favor of Susana Fernández,” as a result of the “expenses required for
Sebastián’s medical care, to purchase medicines and pharmaceutical products, to hire the
ambulance service in order to carry out the different examinations, the cost of the
rehabilitation treatments and consultations with private specialists,” as well as “the obvious
expenses that the interested parties had to incur for transport to the offices of the
jurisdictional and administrative authorities where they processed the different stages of the
proceedings.”
310.
As pecuniary damages for loss of earnings, the representatives requested “payment
of $920,400 [Argentine pesos] (US$ 222,587) in favor of Sebastián Furlan.” They argued
that, in the case of Sebastián Furlan, “the State failed to provide prompt and adequate
rehabilitation treatment, as well as comprehensive assistance for his situation of disability,”
which “involved a substantial change in his job opportunities, significantly reducing his
prospects of advancement.” They indicated that “if the violations had not occurred,
Sebastián would have completed his secondary studies at the age of 19 [in] 1992, and
would have been in a position to join the labor market as of 1993.” They stated that, taking
into account the current life expectancy for men in Argentina, “his overall productive
capacity would have lasted until 2048.” Bearing in mind the evolution of the minimum
wage, which was changing and dynamic in Argentina, they calculated compensation for loss
of earnings at US$ 222,587. With regard to Danilo Furlan, they pointed out that “the work
he did […] was not based on a relationship of dependence, for which reason it is difficult to
include documentation that would establish exactly the monthly he earned.” They argued
473
This aspect is also related to the provisions of Article 13 of the United Nations Convention on the Rights of
Persons with Disabilities, which establishes, in relation to access to justice, that States Parties shall promote
appropriate training for those working in the field of administration of justice, including police and prison staff.
474
Cf. Article 19(2) of the Standard Rules for the Equalization of Opportunities for Persons with Disabilities,
resolution approved by the United Nations General Assembly, Forty-Eighth Period of Sessions, March 4, 1994,
A/RES/48/96.
475
Cf. Article 19(3) of the Standard Rules for the Equalization of Opportunities for Persons with Disabilities,
resolution approved by the United Nations General Assembly, Forty-Eighth Period of Sessions, March 4, 1994,
A/RES/48/96.
476
Cf. Article 18 of the Standard Rules for the Equalization of Opportunities for Persons with Disabilities,
resolution approved by the United Nations General Assembly, Forty-Eighth Period of Sessions, March 4, 1994,
A/RES/48/96.
97
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