INTER AMERICAN COURT OF HUMAN RIGHTS: Gelman c. Uruguay


Facts: A 19 year old pregnant girl had been arbitrarily detained by the military forces of Buenos Aires, she was forced to give birth during her illegal confinement. Her daughter was then taken away and placed into a family in Uruguay.

Claimants : Inter-American Commission of Human Rights

Rights at stakes:Obligation to respect the rights of the Convention, obligation of non-discrimination, obligation to translate the right of the Convention into the national right, right to a judicial personality, right to life, right to dignity, right to freedom, right to a fair trial, right to be heard in reasonable delay by a competent and independent court, family right, right to have a family name of the parents, rights of the child, ban of arbitrary privation of nationality, right to judicial protection obligation to adopt legal and adapted measures, jurisdiction on forced disappearance, obligation of extradition, right to the officially recognised detention centre to be judged rapidly by a competent judicial authority.

Texts: Inter-American Convention of Human (IACHR) art 1, 1(1), 2, 3, 4, 5, 7, 8, 8(1), 17, 18, 19, 19, 20(3), 25; Inter-American Convention of Forced Disappearance of People: art 1, 3, 4, 5, 11

Solution:The Court concluded to the violation of the Inter-American Convention for Human Rights, and of the Inter-American Convention of Forced Disappearance on the articles quoted above.