IACHR Publishes Friendly Settlement Agreement Regarding Arbitrary Detention of María Del Carmen Senem in a Psychiatric Ward in Argentina

December 19, 2023

Washington, DC—The Inter-American Commission on Human Rights (IACHR) announced its decision to approve and publish the friendly settlement agreement for Petition P-268-10, María del Carmen Senem de Buzzi, concerning Argentina, through Approval Report No. 266/23.

The case concerns the international responsibility of the State for the arbitrary, coercive detention of María del Carmen Senem de Buzzi in a psychiatric institution, where she was deprived of minimum care and humane conditions of detention, and for the violation of judicial guarantees and protection, arbitrary interference with her family life and privacy, and the violation of her right to equality and nondiscrimination.

The parties signed a friendly settlement agreement on June 6, 2022. In this agreement, the State acknowledged its international responsibility for violating the rights recognized in articles 5 (personal integrity, 7 (personal liberty), 8 (judicial guarantees), 11 (protection of honor and dignity), 17 (protection of the family), 24 (equality before the law), and 25 (judicial protection) of the American Convention on Human Rights in relation to article 1.1 (obligation to respect rights) and 2 (domestic legal effects), to the detriment of María del Carmen Senem de Buzzi and her family.

The State undertook to implement the following reparation measures: 1) hold a public ceremony to acknowledge responsibility; 2) publish the agreement in a national newspaper and on various national and provincial State websites; 3) prepare a statement and an awareness page on mental health; 4) present Improvement Plans for the public neuropsychiatric hospitals of Buenos Aires Province and approve the regulations for the authorization and supervision of mental health and substance abuse facilities in Buenos Aires Province; 5) provide training and education in mental health and human rights for the judiciary; 6) promote the implementation of the National Mental Health Law in Argentina's provinces; and 7) grant compensation and cover costs and expenses.

The IACHR approved the terms of the agreement that was signed and deemed that the measures related to the public ceremony to acknowledge responsibility, the drafting of the booklet and the awareness-raising campaign; the improvement plans; and the inclusion of mental health issues in the entrance exam to the judiciary had been fully complied with. It considered the other commitments to be outstanding and will continue to monitor them until they are fully implemented.

The IACHR acknowledges the efforts made by both parties during the negotiation of the agreement to reach a friendly settlement that is consistent with the object and purpose of the Inter-American Convention. It welcomed the efforts made by the State to make friendly settlements and alternative dispute resolution a public policy and encouraged it to continue using this mechanism to resolve other matters pending before the individual petition and case system. It also acknowledged the efforts of the petitioning party and appreciated its efforts to participate in the negotiations and to advance the friendly settlement process.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 304/23

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