40
g. the State violated the "right to nationality when it denied Maria Macarena
Gelman Garcia the parent-child relationship with Maria Claudia Garcia and
Marcelo Gelman, both citizens of Argentina, which entitled her, from the
moment of her birth, to the Argentine nationality held by her parents." This
nationality, nevertheless, due to the lack of awareness of its true nature—
unknown since her childhood years—from the actions and omissions of
Uruguay in this case, by not reversing the false identity imposed on Maria
Macarena, in turn provoked an arbitrary deprivation of her right to
nationality;
h. “the violation of this law persisted in time, which forced Maria Macarena to
live with a family that was not her biological family, with a name different
than the one given to her by her parents, under a false identity that
affected her right to develop in a society and culture of her own and to
exercise the rights to which her juridical personality entitled her, such as
the right to receive the nationality of her parents."
i. under Article 18 (of the Convention), Uruguay was required to return to
María Macarena "her true name, surname, kinship, and identity.” Though,
María Macarena "was able—by means of the personal efforts and
investigations of Juan Gelman—to rectify her irregular juridical situation and
recover her true identity," "her right to a name was violated for many
years, thereby affecting her development, her life plan, her family ties, and
the exercise of her rights for a long period of time, which has permanently
scarred her life and the lives of her next of kin”;
j. “[f]rom the date that Macarena knew her true origins [...] she has been
committed to finding justice and to know the whereabouts of Maria
Claudia," to which "the lack of response by the Uruguayan authorities has
caused her deep suffering" and the frustration and helplessness due to the
impunity that still veils the enforced disappearance; and,
k. "the absolute lack of State action in this case in order to reunify the family,
and to restore the true identity of Mary Claudia, represented a clear
violation of the rights of Maria Macarena, Juan Gelman, and their next of
kin [... ] to the protection of their dignity and honor."
105. The State did not refer specifically to these allegations, but did acknowledge
the violations of the human rights of María Macarena Gelman García as a whole
(supra paras. 19 to 22).
B. Facts regarding the situation of María Macarena Gelman García
106. Concerning the facts of the enforced disappearance of María Claudia García
(supra paras. 44 to 63 and 79 to 90), on January 14, 1977, María Claudia García’s
daughter was placed in a basket and left on the doorstep of the family of Uruguayan
police officer Ángel Tauriño,115 located in the Punta Carretas neighborhood in
Montevideo, Uruguay, with a note indicating that the baby girl had been born on
November 1, 1976, and that her mother could not care for her. 116
115
Cf. Statement rendered by María Macarena Gelman during the public hearing, and Statement of
Juan Gelman during the public hearing.
116
245.
Cf. Statement of María Macarena Gelman before the Inter-American Commission, evidence, folio
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