living with HIV, which is also essential for their physical and mental well-being.236 In this
regard, the Court considers that, in this case, those close friends who have accompanied the
presumed victims, and regarding whom it has been proved that they suffered owing to the
violations committed against their loved ones, may be considered victims.
196. In this case, the Court notes that Luz Imelda Lucas de León, who the Commission
named as a friend of Rita Dubón Orozco, accompanied Mrs. Dubón on different occasions
during her illness up until she died. In particular, the Court notes Mrs. Lucas de León’s
suffering owing to the stigma and discrimination experienced by Mrs. Dubón and the effects
of the lack of drugs and comprehensive medical care on the latter’s health. The omissions of
the State were the cause of the negative effects suffered by Mrs. Dubón, and the Court
therefore concludes that the State is responsible for violating the personal integrity of Mrs.
Lucas de León. Furthermore, regarding the next of kin who have already been declared
victims in this case, the Court notes that the effects they may have suffered have been
subsumed in the analysis of the right to personal integrity; consequently, it does not find it
pertinent to rule on them.
197. Consequently, taking into consideration the circumstances of this case and that the
State has not contested the arguments and evidence presented by the Commission and the
representatives in relation to the effects suffered by the victims’ next of kin, the Court
concludes that the State is responsible for the violation of Article 5(1) of the American
Convention in relation to Article 1(1) to the detriment of the victims’ next of kin mentioned
in Annex 2 to this judgment.
IX.
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)
198. Based on the provisions of Article 63(1) of the American Convention,237 the Court has
indicated that any violation of an international obligation that has produced harm entails the
obligation to make adequate redress, 238 and that this provision reflects a customary norm
that constitutes one of the fundamental principles of contemporary international law on
State responsibility.239
199. The reparation of the harm caused by the violation of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consistis in the
restoration of the previous situation. If this is not feasible, whih occurs in most cases of
human rights violations, the Court will determine measures to ensure the rights that have
World Health Organization, What is the impact of HIV on families? 2005, p. 13. Available at:
http://www.euro.who.int/__data/assets/pdf_file/0009/74664/E87762.pdf
236
Article 63(1) of the Convention establishes: “[i]f the Court finds that there has been a violation of a right or
freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right
or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that
constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party.”
237
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C
No. 7, para. 25, and Case of Amrhein et al. v. Costa Rica. Preliminary objections, merits, reparations and costs.
Judgment of April 25, 2018. Series C No. 354, para. 466.
238
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C
No. 7, para. 24, and Case of Amrhein et al. v. Costa Rica. Preliminary objections, merits, reparations and costs.
Judgment of April 25, 2018. Series C No. 354, para. 466.
239
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