IACHR takes to Inter-American Court case concerning judicial guarantees and rights of the child in Argentina

December 31, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) filed an application before the Inter-American Court of Human Rights on October 28, 2025, in Case 13,577, with regard to Argentina. The case concerns a lack of access to comprehensive reparation following the death of Claudio Sebastián Peralta Asís at the hands of an officer of the State, with regard to his partner Carina Farias and son Kevin Claudio Sebastián Peralta Farias.

The petition—submitted to the IACHR in November 2006—addresses the fact that Carina Farias and her son were not recognized as victims in criminal proceedings launched following the death of Peralta Asís, in which an officer of the State was convicted of the killing. When Peralta Asís was killed, in 1994, Kevin was 1 year old and had not been registered with the Civil Registry. He was only legally recognized as the son of Peralta Asís in 2001. Later, a civil claim to demand compensation was dismissed based on a statute of limitations, without taking into consideration the vulnerability of mother and child or their right to comprehensive reparation.

In Admissibility and Merits Report 156/23, the IACHR concluded that Argentina had failed to ensure adequate, effective remedies for Kevin Peralta and Carina Farias to be able to access comprehensive reparation. The fact that they had not been represented or otherwise involved in criminal proceedings, along with the dismissal of their civil claim based on a rigid interpretation of the statute of limitations, had left them legally vulnerable. The child’s best interests and both victims’ vulnerability and poverty had also not been taken into consideration. The IACHR also noted that the fact that proceedings had lasted four and a half years had not been reasonable.

The IACHR found that the State of Argentina was liable for violations of the rights to judicial guarantees and judicial protection and the rights of the child held in Articles 8.1, 19, and 25.1 of the American Convention, in keeping with the obligations held in Article 1.1 of the same instrument, with regard to Kevin Peralta and Carina Farias.

The IACHR therefore asked the Inter-American Court of Human Rights to demand that the State take the following measures:

1. Provide comprehensive reparations—including financial compensation and other measures—to Kevin Peralta and Carina Farias for the human rights violations mentioned in the report
2. Implement continuing education programs for judicial authorities concerning vulnerability, especially in cases involving children and/or individuals who live in poverty, including birth registration guarantees and access to justice based on the child’s best interests

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 290/25

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