90
358
National Information System may be consulted: http://www.ine.gob.gt/np/snvcm/index,
and the Court has verified that the site contains data and information concerning violence
against women in Guatemala. Consequently, the Court finds that it is not necessary to order
the creation of a system for data collection and the production of statistics.
277. With regard to the other measures of reparation that have been requested, the Court
considers that the measures granted are sufficient; accordingly it does not find it necessary
to order the adoption of other measures. In relation to the Commission’s request that the
State be ordered “[t]o introduce reforms in the State’s education programs, starting with
the early, formative years, so as to promote respect for women as equals, and observance
of their rights to non-violence and non-discrimination” and to “take measures and launch
campaigns designed to make the general public aware of the duty to respect and ensure the
human rights of children,” it has not been demonstrated to the Court that the obligation to
respect and ensure the human rights of women and children cannot be guaranteed by the
continuation of the existing programs and the diffusion of measures that, as indicated by
the State, are already included among its activities. Moreover, the Court does not find it
pertinent to order such measures for the reasons stated previously.
E. Appropriate medical and psychological care and treatment
E.1) Arguments of the representative and of the State
278. The representative asked that the State be ordered “to provide immediately and free
of charge, adequate and effective medical and psychological treatment to the next of kin of
María Isabel Veliz Franco: her mother, Rosa Elvira Franco Sandoval, and her brothers,
Leonel Enrique Veliz Franco and José Roberto Franco.” It specified that:
This treatment should be provided on the basis of a comprehensive diagnosis of the medical and
psychological conditions of each of them by specialized professionals who have sufficient training and
experience to treat both the problems of physical health that they suffer from and the psychological
traumas resulting from the gender-based violence, the absence of a response from the State, and the
impunity.
And that this should be “provided for as long as necessary and include the provision of any
medicines that are eventually required.”
279.
The State indicated that:
If they had asked for it, [the State] would have provided Rosa Elvira Franco and her sons […], with
the State’s services of psychology and attention to victims within its public institutions, as part of or
as a complement to the precautionary measures that they were accorded on the instructions of the
Commission. However, at no time have the next of kin indicated that they wish to receive
psychological support for any member of the family unit.
E.2) Considerations of the Court
280. The Court notes the State’s argument about the possibility of requesting the relevant
services provided by the State, and appreciates what Guatemala has indicated as regards
its willingness to provide the necessary care. Nevertheless, the measures of reparation that
the Court can order are based directly on the harm resulting from the human rights
violations declared in this case. Therefore, as it has in other cases, 359 the Court orders the
State to provide adequate and effective medical or psychological care free of charge and
immediately, through the State’s specialized health care institutions to Rosa Elvira Franco
Sandoval, owing to the effects on her personal integrity declared by this Court in the case
358
The Court has verified that, when the State presented its final written arguments (supra para. 13), this
electronic page was in operation and contained the indicated information. The Court has not been able to verify
that this electronic page is functioning at the time this Judgment is delivered.
359
Cf. Case of Barrios Altos v. Peru. Reparations and costs. Judgment of November 30, 2001. Series C No.
87, paras. 42 and 45, and Case of J., supra, para. 344.