The Commission submits the instant case to the jurisdiction of the Inter-American Court due
to the need to obtain justice for the victims and the State’s failure to comply with the
recommendations. In addition, the IACHR considers that the case presents issues of inter-American
public order. Violations of human rights in detriment of Sebastian Claus Furlán and his family
occurred as a result of the lack of timely response from the Argentine judicial authorities, who
incurred in an excessive delay in the resolution of a civil action against the State, whose response
depended on the medical treatment of the victim, as a child with disabilities.
In this way, the case will allow the Court to develop its jurisprudence on the special
measures to be taken in the framework of the judicial proceedings in matters such as this, in order
to ensure that the orderly judicial protection has a useful effect with regard to the purpose for which
it was conceived, particularly in the case of persons in special situations of vulnerability as a child
with mental disabilities. Also, the identification of the problems that led to the violation in this case,
will allow the Court to order the measures of non-repetition relevant to the Argentine legal and
institutional framework.
Accordingly, the Inter-American Commission asks the Court to conclude and declare the
international responsibility of the State for:
•

right to be heard within a reasonable time (Article 8.1) and judicial protection (Article
25.1), in conjunction with the general obligation to ensure human rights (Article
1.1), to the detriment of Sebastian Claus Furlan and Danilo Furlan. Additionally, the
right to judicial protection (Article 25.2.c), in connection with Article 1.1, to the
detriment of Sebastian Furlan;

•

right to personal integrity (Article 5.1) and the right of the child (Article 19), in
conjunction with the general obligation to ensure human rights (Article 1.1), to the
detriment of Sebastian Claus Furlan, who suffered from a permanent disability due
to an accident when he was 14 years old; and

•

right to personal integrity (Article 5.1) to the detriment of Sebastian’s immediate
family members, to wit: his father (Danilo Furlan), his mother (Susana Fernandez),
his brother (Erwin Furlan) and his sister (Sabina Eva Furlan).

Consequently, the Commission requests that the Inter-American Court establish the
following reparations:
1.
Provide full reparation to Sebastian Claus Furlan and his family for the violations of
the human rights established in this report, taking into account the consequences caused by
the unwarranted delay in the judicial proceedings, and that such reparation be effective
taking into account that Sebastian suffers from a permanent disability.
2.
Ensure that Sebastian, who at the time of the accident was 14 years old, has access
to medical and other types of treatment at specialized and quality treatment centers, or the
means to gain access to said care at private centers.
3.
As a measure of non repetition, take the necessary actions to make sure that law
suits against the State for damages relating to the right to personal integrity of children
comply with due process of law and judicial protection, particularly, the right to be heard
within a reasonable time.
On the other hand, in relation to the identification of the family members that should be

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