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uprooted, forcibly displaced and denied the right to a formal, comprehensive and quality education,
so that now they are not sufficiently trained to insert themselves into a competitive labor market with
access to decent remuneration.” The State referred to the scholarships it has granted, indicating that
El Salvador has made progress in adopting measures to guarantee access to education with dignity
for children, and to ensure that they have fair access and continuity in the education system. The
State added that, as part of the Reparation Program for Victims of Serious Human Rights Violations
during the armed conflict, it has considered granting scholarships for higher education and
postgraduate studies for victims and their next of kin who are registered as such, and that a process
of registration has already been carried out. Thus, the State agreed to promote this measure, and to
offer opportunities for technical training to those who require it.
248. The representatives also asked the Court to order the State to reform all its domestic legislation
to include provisions expressly prohibiting those accused of committing human rights violations from
holding public office or any elected position or direct appointment to second tier positions. Similarly,
they requested that the State be ordered “to comply with previous judgments delivered against it,
especially with regard to not exalting the names of human rights violators, such as in the case of the
Third Infantry Brigade, named ‘Colonel Domingo Monterrosa Barrios’ or the school named after
Colonel Ernesto Vargas, in the Department of Morazán.” The State did not comment on that request.
249. The representatives further argued that the Search Association has been, and remains, the
only organization that has concerned itself with responding to the clamor of the victims who have
suffered the forced disappearance of their children, which has involved a major financial expenditure
for the provision of holistic care. Therefore, the representatives requested that the State of El Salvador
assume the historical debt in other cases of forced disappearance of children, allocating a percentage
of the nation’s general budget to subsidize the Search Association’s work in those cases that have not
yet been resolved, for a period of 10 years or for as long as the Court deems appropriate, considering
the complexity of the problems of disappeared children. The State did not comment on that request.
250. The Court considers that this judgment and the reparations ordered therein are sufficient and
adequate to compensate the victims for the violations suffered in the instant case,323 and therefore
does not find it necessary to order the measures requested by the representatives.
D.
Compensation
1.
Pecuniary damage
251. The Commission asked the Court to adequately compensate the victims in this case and to
include both pecuniary and non-pecuniary aspects. The representatives asked the Court to order the
State to pay pecuniary compensation to the victims in this case and to their next of kin for the
pecuniary and non-pecuniary damages they suffered, especially those of an irreversible nature. In
relation to loss of earnings, it considered that the State has “the obligation to compensate the family
members in this case for the financial harm suffered directly because of the forced disappearance of
their next of kin, which clearly implied a deterioration in their living conditions and in their mental and
physical health and affected their productive capacity, given the emotional and social effects that the
families of victims of these types of human rights violations are known to suffer.” They pointed out
that, in order to estimate loss of earnings, in equity, it is necessary to take into account the victim’s
age at the time of their forced disappearance, their life expectancy, their life project, the financial
gains that they might have obtained and their income. As to consequential damages, they considered
that certain related expenses should be included, such as medical treatment and medicines for the
victims’ next of kin, the expenses incurred in the search for their children and in monitoring the
Cf. Case of Radilla Pacheco v. Mexico, supra, para. 359, and Case of Human Rights Defender et al. v. Guatemala,
supra, para. 281.
323