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h. in regard to Article 18 of the Convention, “[t]he appropriate of María
Macarena by the security forces of Uruguay prevented her from knowing
her true name and identity, given that she lived with a false name, though
she was unaware that it was false";
i. concerning Article 5 of the Convention, the suffering and pain of Juan
Gelman and María Macarena Gelman caused by the enforced disappearance
of María Claudia García and by the non-existence of an investigation on the
subject, as well as the fact that the State have not determined her destiny;
and
j. the State violated Article 11 of the Convention, by the breach of the right to
privacy of María Macarena Gelman.
104.
The representatives alleged that:
a. María Macarena Gelman “[w]as registered with false facts of birth,” to which
b.
c.
d.
e.
f.
“the appearance of legality, created by means of the false registration of
her birth, promoted that she live, grow, and develop in total ignorance of
her true juridical personality,” and “as a consequence, she was prevented
from exercising—including up to adulthood—the rights and obligations she
was afforded as daughter of María Claudia García and Marcelo Gelman,”
that corresponded to her under law;
“[t]he State [...] had the obligation to provide the documents that
demonstrated her existence and real identity, but the State omitted to take
the necessary measures for a baby born in captivity and lacking the
protection of her parents, and thereby, in a situation of extreme
vulnerability in the face of the actions of State officials and third parties, to
be returned to her family of origin and afforded her true juridical
personality";
“in this case, the birth registration of María Macarena was [...] completely
flawed,” because “[f]or all legal effects, […] she was obligated to assume a
false juridical personality, illegally created, without her consent” and from
there, the State failed in its obligation to reestablish, "in the civil registry,
the real circumstances of the birth of María Macarena, as well as making
known her true identity
and recognizing her legitimate juridical
personality”;
“the legal effects as a consequence of the denial of her name and her
identity were such that they deprived her during said time, among others,
of her hereditary rights, and to hold the nationality of her parents";
at time that Uruguay recognized the jurisdiction of this Court, "Maria
Macarena was still a child, and as such, the State owed her additional and
complementary special protection that her status and particular
circumstances required". Nevertheless, Uruguay did not take the necessary
measures to protect these rights nor did it reverse "the condition of
helplessness of Maria Macarena” and “to the contrary, the State
guaranteed, through its silence and obstruction, that the crimes committed
against Maria Macarena would be perpetuated through the course of time,
impeding her right to grow and develop with her biological family”;
“[i]n addition, these violations affected, in a particular manner, the rights
and obligations of the grandparents and other next of kin, those of whom
were denied the opportunity to form part of the life of their granddaughter,
to contribute to her development, and to watch her grow";
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